CONFERENCE COMMITTEE REP. 70
Honolulu, Hawaii
, 2003
RE: S.B. No. 1492
S.D. 1
H.D. 2
C.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1492, S.D. 1, H.D. 2, entitled:
"A BILL FOR AN ACT RELATING TO ASSISTED LIVING FACILITIES,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this measure is to allow a condominium project under chapter 514A, Hawaii Revised Statutes (HRS), or a cooperative housing corporation project under chapter 421I, HRS, to establish a separate corporation, partnership, or association, which may enter into a contract with a provider to provide assisted living services. The measure also requires that such entities become licensed and regulated as an assisted living facility by the Department of Health.
Upon further consideration, your Committee on Conference has amended the measure by deleting the substantive provisions of the measure and inserting, therefor, provisions that:
(1) Require the Department of Health and the Real Estate Commission to conduct a study on the impact and feasibility of allowing condominium and cooperative housing corporation projects to become licensed as assisted living facilities to provide assisted living services for its residents, and submit a report of findings and recommendations, including proposed legislation, to the Legislature prior to the convening of the 2004 Regular Session. The study shall address issues, including, but not limited to, the following:
(A) A new definition of "assisted living services" that would be provided in a condominium or cooperative housing project that becomes licensed as an "assisted living facility," taking into consideration that such projects would differ from other assisted living facilities in the provision of housing;
(B) Liability insurance issues;
(C) Potential liability exposure of individual owners as well as the board of directors of a condominium or cooperative housing corporation project that becomes licensed as an assisted living facility;
(D) Apportionment of fees and costs between the individual owners of the condominium or cooperative housing corporation project and those owners who have elected to receive assisted living services; and
(E) The appropriateness of licensing vendors that would provide assisted living services to residents of a condominium or cooperative housing corporation project for a fee, under contract with its board of directors; and
(2) Impose a moratorium on the licensing of any further condominium or cooperative housing corporation projects as assisted living facilities by the Department of Health, until the Legislature has acted upon the report or July 1, 2004, whichever occurs first.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1492, S.D. 1, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1492, S.D. 1, H.D. 2, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE HOUSE |
ON THE PART OF THE SENATE |
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____________________________ DENNIS A. ARAKAKI, Co-Chair |
____________________________ SUZANNE CHUN OAKLAND, Chair |
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____________________________ MICHAEL P. KAHIKINA, Co-Chair |
____________________________ RON MENOR, Co-Chair |
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____________________________ KENNETH T. HIRAKI, Co-Chair |
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