REPORT TITLE:
Child care


DESCRIPTION:
Authorizes family child care homes and group child care homes to
care for up to two additional children 5 years of age and older
who are students at a year-round school during the school's
intersession and waiver days.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2626
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CHILD CARE.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Act 242, Session Laws of Hawaii 1999, is amended
 
 2 by amending section 3 to read as follows:
 
 3      "SECTION 3.  Section 46-15.35, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  For the purposes of this section, "family child care
 
 6 home" means a private residence, including an apartment, unit, or
 
 7 townhouse, as those terms are defined in section 502C-1, at which
 
 8 care may be provided for three to no more than six children who
 
 9 are unrelated to the caregiver by blood, marriage, or adoption at
 
10 any given time[.]; provided that care may be provided for two
 
11 additional children:
 
12      (1)  Five years of age and older; and
 
13      (2)  Who are students at a year-round school,
 
14 during the school's intersession and waiver days as scheduled by
 
15 the school's school- and community-based management council.""
 
16      SECTION 2.  Section 46-15.35, Hawaii Revised Statutes, is
 
17 amended by amending subsection (b) to read as follows:
 
18      "(b)  For the purposes of this section, "family child care
 
19 home" means a private home where six or fewer children are cared
 

 
Page 2                                                     2626
                                     H.B. NO.           
                                                        
                                                        

 
 1 for[.]; provided that care may be provided for two additional
 
 2 children:
 
 3      (1)  Five years of age and older; and
 
 4      (2)  Who are students at a year-round school,
 
 5 during the school's intersession and waiver days as scheduled by
 
 6 the school's school- and community-based management council."
 
 7      SECTION 3.  Act 242, Session Laws of Hawaii 1999, is amended
 
 8 by amending section 4 to read as follows:
 
 9      "SECTION 4.  Section 346-151, Hawaii Revised Statutes, is
 
10 amended by amending the definition of "family child care home" to
 
11 read as follows:
 
12      ""Family child care home" means a private residence,
 
13 including a home, apartment, unit, or townhouse, as those terms
 
14 are defined in section 502C-1, at which care may be provided for
 
15 three to no more than six children who are unrelated to the
 
16 caregiver by blood, marriage, or adoption, at any given time[.];
 
17 provided that care may be provided for two additional children:
 
18      (1)  Five years of age and older; and
 
19      (2)  Who are students at a year-round school,
 
20 during the school's intersession and waiver days as scheduled by
 
21 the school's school- and community-based management council.""
 
22      SECTION 4.  Section 346-151, Hawaii Revised Statutes, is
 
23 amended:
 

 
Page 3                                                     2626
                                     H.B. NO.           
                                                        
                                                        

 
 1      1.  By amending the definition of "family child care home"
 
 2 to read as follows:
 
 3      ""Family child care home" means a private home at which care
 
 4 may be provided for three to no more than six children, who are
 
 5 unrelated to the caregiver by blood, marriage, or adoption, at
 
 6 any given time[.]; provided that care may be provided for two
 
 7 additional children:
 
 8      (1)  Five years of age and older; and
 
 9      (2)  Who are students at a year-round school,
 
10 during the school's intersession and waiver days as scheduled by
 
11 the school's school- and community-based management council."
 
12      2.  By amending the definition of "group child care home" to
 
13 read as follows:
 
14      ""Group child care home" means a facility, which may be an
 
15 extended or modified private home, at which care is provided for
 
16 seven to twelve children[.]; provided that care may be provided
 
17 for two additional children:
 
18      (1)  Five years of age and older; and
 
19      (2)  Who are students at a year-round school,
 
20 during the school's intersession and waiver days as scheduled by
 
21 the school's school- and community-based management council."
 
22      SECTION 5.  Act 242, Session Laws of Hawaii 1999, is amended
 
23 by amending section 5 to read as follows:
 

 
Page 4                                                     2626
                                     H.B. NO.           
                                                        
                                                        

 
 1      "SECTION 5.  Section 501-231, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (b) and (c) to read as follows:
 
 3      "(b)  This provision shall not apply to:
 
 4      (1)  Housing for older persons as defined by 42 United
 
 5           States Code section 3607(b)(2);
 
 6      (2)  Limited-equity housing cooperatives created pursuant to
 
 7           chapter 421H; or
 
 8      (3)  Cooperative housing corporations created pursuant to
 
 9           chapter 421I.
 
10      (c)  For the purposes of this section, "family child care
 
11 home" means a private residence, including an apartment, unit, or
 
12 townhouse, as those terms are defined in section 502C-1, at which
 
13 care may be provided for three to no more than six children who
 
14 are unrelated to the caregiver by blood, marriage, or adoption at
 
15 any given time[.]; provided that care may be provided for two
 
16 additional children:
 
17      (1)  Five years of age and older; and
 
18      (2)  Who are students at a year-round school,
 
19 during the school's intersession and waiver days as scheduled by
 
20 the school's school- and community-based management council.""
 
21      SECTION 6.  Section 501-231, Hawaii Revised Statutes, is
 
22 amended by amending subsection (c) to read as follows:
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "(c)  For the purposes of this section, "family child care
 
 2 home" means a private home where six or fewer children are [care]
 
 3 cared for[.]; provided that care may be provided for two
 
 4 additional children:
 
 5      (1)  Five years of age and older; and
 
 6      (2)  Who are students at a year-round school,
 
 7 during the school's intersession and waiver days as scheduled by
 
 8 the school's school- and community-based management council."
 
 9      SECTION 7.  Act 242, Session Laws of Hawaii 1999, is amended
 
10 by amending section 6 to read as follows:
 
11      "SECTION 6.  Section 502-111, Hawaii Revised Statutes, is
 
12 amended by amending subsections (b) and (c) to read as follows:
 
13      "(b)  This provision shall not apply      14      (1)  Housing for older persons as defined by 42 United
 
15           States Code section 3607(b)(2);
 
16      (2)  Limited-equity housing cooperatives created pursuant to
 
17           chapter 421H; or
 
18      (3)  Cooperative housing corporations                      19           chapter 421I.
 
20      (c)  For the purposes of the section, "family child care
 
21 home" means a private residence, including an apartment, unit, or
 
22 townhouse, as defined in section 502C-1, at which care may be
 
23 provided for three to no more than six children who are unrelated
 

 
 
 
 
 
Page 6                                                     2626
                                     H.B. NO.           
                                                        
                                                        

 
 1 to the caregiver by blood, marriage, or adoption at any given
 
 2 time[.]; provided that care may be provided for two additional
 
 3 children:
 
 4      (1)  Five years of age and older; and
 
 5      (2)  Who are students at a year-round school,
 
 6 during the school's intersession and waiver days as scheduled by
 
 7 the school's school- and community-based management council.""
 
 8      SECTION 8.  Section 502-111, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (c) to read as follows:
 
10      "(c)  For the purposes of this section, "family child care
 
11 home" means a private home where six or fewer children are cared
 
12 for[.]; provided that care may be provided for two additional
 
13 children:
 
14      (1)  Five years of age and older; and
 
15      (2)  Who are students at a year-round school,
 
16 during the school's intersession and waiver days as scheduled by
 
17 the school's school- and community-based management council."
 
18      SECTION 9.  Section 502C-1, Hawaii Revised Statutes, is
 
19 amended by amending the definition of "family child care home" to
 
20 read:
 
21      ""Family child care home" means a private residence,
 
22 including an apartment, unit, or townhouse, where care may be
 
23 provided for three to no more than six children, who are
 

 
Page 7                                                     2626
                                     H.B. NO.           
                                                        
                                                        

 
 1 unrelated to the caregiver by blood, marriage, or adoption at any
 
 2 given time[.]; provided that care may be provided for two
 
 3 additional children:
 
 4      (1)  Five years of age and older; and
 
 5      (2)  Who are students at a year-round school,
 
 6 during the school's intersession and waiver days as scheduled by
 
 7 the school's school- and community-based management council."
 
 8      SECTION 10.  Act 242, Session Laws of Hawaii 1999, is
 
 9 amended by amending section 8 to read as follows:
 
10      "SECTION 8.  This Act shall take effect upon its approval;
 
11 provided that:
 
12      (1)  Sections 1 and 2 shall apply to child care businesses,
 
13           family child care homes, condominium projects, planned
 
14           communities, and townhouses that are in existence as of
 
15           the effective date of this Act; and
 
16      (2)  This Act shall be repealed on June 30, 2001[; provided
 
17           that sections 46-15.35, 346-151, 501-231 and 502-111,
 
18           Hawaii Revised Statutes, shall be reenacted in the same
 
19           form in which they existed on the day before the
 
20           approval of this Act]."
 
21      SECTION 11.  Statutory material to be repealed is bracketed.
 
22 New statutory material is underscored.
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 12.  This Act shall take effect upon its approval;
 
 2 provided that:
 
 3      (1)  Sections 2, 4, 6, and 8 shall take effect on June 30,
 
 4           2001; and
 
 5      (2)  Sections 1, 3, 5, 7, and 9 shall be repealed on June
 
 6           30, 2001.
 
 7 
 
 8                           INTRODUCED BY:  _______________________