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S. B. No. 210 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Boccieri, Cafaro, Miller, D., Morano, Padgett, Schuler, Smith
A BILL
To enact section 5104.041 of the Revised Code to
require Type A and Type B family day-care homes to
generally procure and maintain liability insurance
or a bond and permit an owner of real property
where a family day-care home is located to be
listed as an additional insured party on a
liability insurance policy under certain
circumstances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 5104.041 of the Revised Code be
enacted to read as follows:
Sec. 5104.041. (A) All type A and type B family day-care
homes shall procure and maintain one of the following:
(1) Liability insurance issued by an insurer authorized to do
business in this state under Chapter 3905. of the Revised Code
insuring the type A or type B family day-care home against
liability arising out of, or in connection with, the operation of
the family day-care home. Liability insurance procured under this
division shall cover any cause for which the type A or type B
family day-care home would be liable, in the amount of at least
one hundred thousand dollars per occurrence and three hundred
thousand dollars in the aggregate.
(2) A bond in the aggregate amount of three hundred thousand
dollars;
(3) An affidavit signed by the parent, guardian, or custodian
of each child receiving child care from the type A or type B
family day-care home that states all of the following:
(a) The family day-care home does not carry liability
insurance or a bond required under divisions (A)(1) and (2) of
this section;
(b) If the applicant for licensure or certification of the
family day-care home is not the owner of the real property where
the family day-care home is located, the liability insurance, if
any, of the owner of the real property may not provide for
coverage of any liability arising out of, or in connection with,
the operation of the family day-care home.
(B) If the applicant for licensure or certification of a type
A or type B family day-care home is not the owner of the real
property where the family day-care home is located and the family
day-care home procures liability insurance or a bond under
division (A)(1) or (2) of this section, that applicant shall name
the owner of the real property as an additional insured party on
the liability insurance policy or bond if all of the following
apply:
(1) The owner of the real property requests the applicant, in
writing, to add the owner of the real property to the liability
insurance policy as an additional insured party.
(2) The addition of the owner of the real property does not
result in cancellation or nonrenewal of the insurance policy or
bond procured by the type A or type B family day-care home.
(3) The owner of the real property pays any additional
premium assessed for coverage of the owner of the real property.
(C) Proof of insurance, bond, or affidavit required under
division (A) of this section shall be maintained at the type A or
type B family day-care home and made available for review during
inspection or investigation as required under this chapter.
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