STAND. COM. REP. NO. 3303

Honolulu, Hawaii

RE:    S.C.R. No. 85

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committee on Commerce, Consumer Protection, and Affordable Housing, to which was referred S.C.R. No. 85, S.D. 1, entitled:

"SENATE CONCURRENT RESOLUTION URGING ASSOCIATIONS OF APARTMENT OWNERS AND CONDOMINIUM UNIT OWNERS' ASSOCIATIONS IN THE STATE TO DEVELOP EMERGENCY AND EVACUATION PLANS FOR RESIDENTS, INCLUDING PROVISIONS FOR SENIORS AND RESIDENTS WITH SPECIAL HEALTH NEEDS,"

begs leave to report as follows:

     The purpose of this measure is to recognize and appropriately accommodate the needs of seniors and residents with special health requirements by urging associations of apartment owners and condominium unit owners in the State to develop emergency plans for residents that address the special needs of seniors and medically fragile residents.

     Testimony in support of this measure was submitted by the Department of Defense; the Honolulu Fire Department, City and County of Honolulu; the Fire Department, County of Kauai; the Disability and Communication Access Board; the Hawaii Independent Condominium & Cooperative Owners; and one private individual.

     Your Committee finds that, of the seniors who live in high-rise and multiple residential building in the State, many have special medical needs that become critical and require special attention during an emergency, especially in situations that result in the loss of electricity to power building elevators, appliances, and medical devices.  Established emergency plans and procedures in times of emergency will ensure that the needs of seniors and medically fragile residents will be appropriately addressed by the associations of apartment owners, condominium unit owners' associations, and first responders to emergencies.

     Your Committee has amended this measure by:

     (1)  Adding language that clarifies that the emergency plans developed by an association of apartment owners or a condominium unit owners' association should include evacuation and shelter-in-place plans that address the special needs of senior and medically fragile residents;

     (2)  Adding language that urges the association of apartment owners and condominium unit owners' association to include in their annual statements filed with the Real Estate Commission any developed emergency plans that address the special needs of senior and medically fragile residents to be used in the event of an emergency; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and style.

     As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Affordable Housing that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 85, S.D. 1, as amended herein, and recommends its adoption in the form attached hereto as S.C.R. No. 85, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Affordable Housing,

____________________________

RUSSELL S. KOKUBUN, Chair