DAY CARE LIABILITY INSURANCE

Illinois General Assembly - Full Text of SB3824

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3824

Introduced 2/6/2026, by Sen. Ram Villivalam

SYNOPSIS AS INTRODUCED:

New Act

Creates the Liability Insurance for Day Care Providers Act. Provides
that the Department of Insurance and the Department of Early Childhood, in
consultation with community partners, shall conduct a survey that shall
include, but not be limited to, specified subjects concerning the
accessibility of liability insurance for day care providers. Requires the
Department of Insurance and Department of Early Childhood to develop a
finalized report of the survey and submit the findings of the report to the
relevant community partners, the General Assembly, and the Governor no
later than one year after the effective date of the Act. Effective
immediately.
LRB104 19379 BAB 32827 b

A BILL FOR

SB3824
LRB104 19379 BAB 32827 b
1

AN ACT concerning regulation.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Liability Insurance for Day Care Providers Act.

6

Section 5.
Findings; purpose.
7

(a) The General Assembly finds that:
8

(1) There is an ongoing concern regarding the
9

availability and affordability of liability insurance for
10

day care providers within the State of Illinois.
11

(2) In Illinois, day care providers operate tight
12

margins within a fragile economic model in which the
13

overall revenue fails to offset operating expenses, an
14

issue predating the pandemic but now exacerbated by rising
15

costs, low subsidy reimbursement rates, staffing
16

shortages, and current economic limits on a parent's
17

ability to pay for the cost of day care. In addition,
18

revenue barely covers rising operating costs, including
19

salaries for staff, building maintenance, utilities,
20

insurance, licensing costs, supplies, food, and other
21

expenses, which make it difficult for many day care
22

providers to account for unexpected increases in operating
23

costs. Day care owners often struggle to provide health

SB3824
- 2 -
LRB104 19379 BAB 32827 b
1

insurance and retirement benefits for staff and report
2

growing challenges in accessing and affording required
3

liability insurance coverage for their licensed programs.
4

(3) Liability insurance protects day care providers
5

from unforeseen financial risks due to accidents, and
6

inadequate liability insurance coverage can have harsh
7

financial, regulatory, and legal repercussions for
8

providers. Premiums for liability insurance, a necessary
9

and mandatory requirement under State licensing for day
10

care programs, have risen exponentially in recent years,
11

significantly increasing the cost of operating day care
12

programs across the United States, including Illinois.
13

(4) Eighty percent of day care providers, including
14

family day care, rural, urban, and suburban programs have
15

reported rising liability insurance costs over the past
16

year. Among center-based and subsidy-serving programs,
17

most experienced annual increases between $2,000 and more
18

than $10,000, further straining the day care system in
19

Illinois. In addition to rising liability insurance
20

premiums, day care providers increasingly face challenges
21

when they are unable to secure adequate coverage or, in
22

some cases, any coverage at all.
23

(b) The purpose of this Act is to address the ongoing
24
crisis of rising liability insurance premiums and the growing
25
inability of day care providers in Illinois to obtain
26
adequate, affordable, or sufficient coverage, with particular

SB3824
- 3 -
LRB104 19379 BAB 32827 b
1
focus on identifying and responding to the regulatory barriers
2
affecting day care providers and insurance premiums and
3
coverage.

4

Section 10.
Survey to study liability insurance premiums
5
for day care programs; report.
6

(a) The Department of Insurance and the Department of
7
Early Childhood, in consultation with community partners,
8
including licensed day care providers and insurance providers,
9
shall conduct a survey that shall include, but not be limited
10
to, the following subjects:
11

(1) the availability and affordability of liability
12

insurance for day care owners;
13

(2) an assessment of the breadth and scope of the
14

financial impact of rising liability insurance premiums on
15

day care programs;
16

(3) an assessment of the reasons for increasing
17

liability insurance coverage;
18

(4) descriptions of claims for liability insurance in
19

general;
20

(5) barriers to obtaining liability insurance as a
21

requirement of day care licensing;
22

(6) types of insurance coverage available to child
23

care providers offered in Illinois and other states;
24

(7) insurance premium and coverage changes in other
25

industries;

SB3824
- 4 -
LRB104 19379 BAB 32827 b
1

(8) causes of the increasing difficulty in maintaining
2

liability insurance coverage; and
3

(9) an examination of applicable policy solutions
4

related to increasing liability insurance in other states.
5

(b) The Department of Insurance and Department of Early
6
Childhood shall develop a finalized report of the survey and
7
submit the findings of the report to the relevant community
8
partners, the General Assembly, and the Governor no later than
9
one year after the effective date of this Act.

10

Section 15.
Repeal.
This Act is repealed on January 1,
11
2028.

12

Section 99.
Effective date.
This Act takes effect upon
13
becoming law.

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