STAND. COM. REP. NO. 1391

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 513
                                     S.D. 2
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Human Services and Housing, to which was
referred S.B. No. 513, S.D. 2, entitled: 

     "A BILL FOR AN ACT RELATING TO FAMILY CHILD CARE,"

begs leave to report as follows:

     The purpose of this bill is to increase availability of
child care by including condominiums, apartments, and townhouses
as types of residences eligible to be used as child care homes.
This measure also clarifies duties and rights between child care
homes and associations of apartment owners.

     People Attentive to Children, the Good Beginnings Alliance,
and many individuals testified in support of this measure.  The
Department of Human Services and the Hawaii State Commission on
the Status of Women testified in support of the intent of this
measure.  The Association of Apartment Owners of Makakilo Hale 1
and many individuals testified in opposition to this measure.
The State Farm Insurance and the Hawaii Council of Association of
Apartment Owners submitted comments.

     Your Committee finds that there is a need for more quality,
licensed family child care providers.  This measure will allow
child care providers to operate day care within condominiums,
apartments, or townhouses, while at the same time limiting the
liability of homeowner associations and associations of apartment
owners.


 
 
                                 STAND. COM. REP. NO. 1391
                                 Page 2

 
     Your Committee is concerned that this measure may override
condominium by-laws and declarations, thus prohibiting the right
of self-governance granted by Chapter 514A, Hawaii Revised
Statutes.  Sensitive to this concern, your Committee respectfully
requests the Committees on Consumer Protection and Commerce and
Judiciary and Hawaiian Affairs to examine this issue.

     Your Committee has amended this measure by:

     (1)  Requiring that when child care providers in
          condominiums, apartments, or townhouses care for:

          (A)  Five or six children, they must care for two or
               more children whose parents live in the building;
               and

          (B)  Four children or fewer, they must care for one or
               more children whose parents live in the building;

     (2)  Establishing a Child Care Facilities Grant Fund to
          provide start-up or expansion capital to family child
          care homes and centers that are licensed or are seeking
          a license;

     (3)  Sunsetting the provisions relating to child care in
          condominiums, apartments, and townhouses on June 30,
          2001; and

     (4)  Making technical, nonsubstantive amendments for clarity
          and style.

     As affirmed by the record of votes of the members of your
Committee on Human Services and Housing that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 513, S.D. 2, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B. No.
513, S.D. 2, H.D. 1, and be referred to the Committees on
Consumer Protection and Commerce and Judiciary and Hawaiian
Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Human Services
                                   and Housing,



                                   ______________________________
                                   DENNIS A. ARAKAKI, Chair