Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 118 entitled:

begs leave to report as follows:

The purpose of this bill is to make amendments to the family child care home law including:

Testimony in support of this measure was submitted by the Good Beginnings Alliance and concerned citizens. Testimony in support of the intent of this measure was submitted by the Department of Human Services.

Testimony in opposition of the measure was submitted by a concerned citizen.

The Disability and Communication Access Board, Hawaii Council of Associations of Apartment Owners, and the Hawaii Chapter of the Community Associations Institute submitted comments.

Your Committee recognizes that condominium and townhouse community owners are concerned about the implications of this measure, which allows renters to operate child care facilities. Further, there is concern that the owners of planned communities, condominiums, and townhouse communities will be held liable for claims even if the child care provider is insured. It was also proposed that the sunset clause not be omitted, but instead be extended to allow time for a study regarding the effects of child care operations in condominium townhouses.

In addition, your Committee recognizes child care provider concerns that there will be an increased number of unlicensed providers doing business illegally due to the restrictions and costs imposed. Moreover, licensed child care providers who choose to abide by the law may be compelled to close their businesses due to restrictions placed upon them by community associations.

Your Committee has amended this bill by:

1. Inserting a findings section;
2. Excluding renters;
3. Requiring compliance with the Americans with Disabilities Act (ADA), but clarifying that the family child care home operator will be responsible for physical modifications that can be easily accomplished to allow for full participation of a child or parent with a physical disability;
4. Allowing no less than one percent, nor more than three percent, of the units in planned developments to be used as a family child care home;
5. Indemnifying the association of a townhouse project of any claims arising from the operation of a family child care home;
6. Extending the sunset date to June 30, 2005, instead of repealing the sunset date; and
7. Making technical, nonsubstantive changes for purposes of 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 H.B. No. 118, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 118, H.D. 1, and be referred to the Committee on Consumer Protection and Commerce.