Arkansas 2025 Regular Session

Arkansas House Bill HB1950 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Stricken language would be deleted from and underlined language would be added to present law.
2	2	ANS281 03/31/2025 7:43:20 PM ANS281
3	3	State of Arkansas 1
4	4	95th General Assembly A Bill 2
5	5	Regular Session, 2025 HOUSE BILL 1950 3
6	6	4
7	7	By: Representative Torres 5
8	8	By: Senator Dees 6
9	9	7
10	10	For An Act To Be Entitled 8
11	11	AN ACT TO PROTECT LICENSED FAMILY CHILDCARE HOMES 9
12	12	FROM TERMINATION OF HOMEOWNERS INSURANCE COVERAGE; TO 10
13	13	PROHIBIT DISCRIMINATION AGAINST LICENSED FAMILY 11
14	14	CHILDCARE HOMES BY HOMEOWNERS INSURANCE PROVIDERS; 12
15	15	AND FOR OTHER PURPOSES. 13
16	16	14
17	17	15
18	18	Subtitle 16
19	19	TO PROTECT LICENSED FAMILY CHILDCARE 17
20	20	HOMES FROM TERMINATION OF HOMEOWNERS 18
21	21	INSURANCE COVERAGE; AND TO PROHIBIT 19
22	22	DISCRIMINATION AGAINST LICENSED FAMILY 20
23	23	CHILDCARE HOMES BY HOMEOWNERS INSURANCE 21
24	24	PROVIDERS. 22
25	25	23
26	26	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
27	27	25
28	28	SECTION 1. Arkansas Code Title 23, Chapter 88, is amended to add an 26
29	29	additional subchapter to read as follows: 27
30	30	Subchapter 6 — Prohibition of Discrimination Against Licensed Family 28
31	31	Childcare Homes 29
32	32	30
33	33	23-88-601. Purpose. 31
34	34	The purpose of this subchapter is to ensure that licensed family 32
35	35	childcare homes in Arkansas are protected from the termination or nonrenewal 33
36	36	of homeowners insurance based solely on their operation as licensed family 34
37	37	childcare homes. 35
38	38	36 HB1950
39	39
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41	41	23-88-602. Definitions. 1
42	42	As used in this subchapter: 2
43	43	(1) "Homeowners insurance policy" means a type of property 3
44	44	insurance policy that provides financial protection against certain risks 4
45	45	associated with homeownership; 5
46	46	(2) "Licensed family childcare home" means a residence licensed 6
47	47	by the Department of Education to provide childcare services to a specified 7
48	48	number of children; 8
49	49	(3) "Personal liability insurance policy" means an insurance 9
50	50	policy that provides coverage for claims made against the insured for bodily 10
51	51	injury or property damage caused by the insured's negligence; and 11
52	52	(4) "Separate personal liability insurance policy" means an 12
53	53	insurance policy that provides a minimum coverage of one hundred thousand 13
54	54	dollars ($100,000) per occurrence specifically for liabilities arising from 14
55	55	operation of a licensed family childcare home. 15
56	56	16
57	57	23-88-603. Protection from insurance cancellations — Discrimination 17
58	58	against licensed family childcare homes prohibited — Minimum personal 18
59	59	liability insurance required. 19
60	60	(a) A homeowners insurance provider shall not: 20
61	61	(1) Cancel or refuse to renew a homeowners insurance policy of a 21
62	62	licensed family childcare home based solely on the operation of a licensed 22
63	63	family childcare home if the licensed family childcare home meets or exceeds 23
64	64	all applicable rules of the Department of Education; or 24
65	65	(2) Charge rates that exceed the rate amount of a homeowners 25
66	66	insurance policy with the same square footage or value. 26
67	67	(b) An operator of a licensed family childcare home shall maintain a 27
68	68	separate personal liability insurance policy with a minimum coverage amount 28
69	69	of one hundred thousand dollars ($100,000) per occurrence in addition to the 29
70	70	operator's homeowners insurance policy. 30
71	71	(c) A homeowners insurance provider shall provide: 31
72	72	(1) Written notice to a licensed family childcare home of any 32
73	73	reason for potential cancellation of the homeowners insurance policy or 33
74	74	nonrenewal of the homeowners insurance policy; and 34
75	75	(2) An opportunity for an operator of a licensed family 35
76	76	childcare home to remedy the situation that resulted in the potential 36 HB1950
77	77
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79	79	cancellation of the homeowners insurance policy or nonrenewal of the 1
80	80	homeowners insurance policy that does not include ceasing operations of the 2
81	81	licensed family childcare home. 3
82	82	4
83	83	23-88-604. Responsibilities of operators of licensed family childcare 5
84	84	homes. 6
85	85	(a) An operator of a licensed family childcare home shall submit proof 7
86	86	of the operator's separate personal liability insurance policy to the 8
87	87	operator's homeowners insurance provider annually or upon renewal of the 9
88	88	operator's homeowners insurance policy. 10
89	89	(b) An operator of a licensed family childcare home shall comply with 11
90	90	all local and state rules and federal regulations regarding the operation of 12
91	91	a licensed family childcare home to remain eligible for the protections 13
92	92	described in this subchapter. 14
93	93	15
94	94	23-88-605. Enforcement. 16
95	95	(a)(1) The Department of Education shall enforce this subchapter. 17
96	96	(2) The Department of Education shall promulgate rules to 18
97	97	implement and administer this subchapter. 19
98	98	(b)(1) An operator of a licensed childcare facility may file a 20
99	99	complaint with the Department of Education if the operator believes the 21
100	100	operator's homeowners insurance provider has violated this subchapter. 22
101	101	(2) If an operator of a licensed childcare facility files a 23
102	102	complaint with the Department of Education under subdivision (b)(1) of this 24
103	103	section shall make a referral to the State Insurance Department. 25
104	104	26
105	105	23-88-606. Severability. 27
106	106	If any provision of this subchapter is found to be unconstitutional or 28
107	107	otherwise invalid, the remaining provisions shall continue in effect. 29
108	108	30
109	109	31
110	110	32
111	111	33
112	112	34
113	113	35
114	114	36