STAND. COM. REP. NO. 2927

Honolulu, Hawaii

RE:    H.B. No. 2560

       H.D. 2

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Human Services and Agriculture, to which was referred H.B. No. 2560, H.D. 2, entitled:

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

beg leave to report as follows:

     The purpose and intent of this measure is to permit the continued operation of family child care homes in agriculturally designated districts if located in a farm dwelling constructed prior to July 1, 2014.

     Your Committees received testimony in support of this measure from the County of Maui; County Council, County of Maui; Good Beginnings Alliance; People Attentive to Children; PHOCUSED; Robin's Child Care; and twenty-two individuals.  Your Committees received testimony in opposition to this measure from Hawaii's Thousand Friends and sixteen individuals.  Your Committees received comments on this measure from the Department of Agriculture and Office of Planning.

     Your Committees find that family child care homes in agriculturally designated districts are often the only form of available and affordable child care in these districts.  Licensed day care is scarce in rural areas around the State despite the State's efforts to promote farming and sustainability.

     Your Committees heard testimony emphasizing that family child care homes are not large day care centers because family child care homes have a legal limit of six children and must be operated in a single family dwelling.  In addition, testimony on this measure indicates that many family child care homes already exist on agricultural land but current statute prevents the homes from becoming properly licensed.  Your Committees find that Hawaii's children deserve to be cared for by licensed, quality child care providers.  Your Committees further find that obtaining a special use permit to operate a family child care home on agricultural land is cost-prohibitive.

     Your Committees also received testimony expressing concern about allowing non-agricultural activities on agricultural land and the possibility that allowing more non-agricultural uses will cause farmers to disinvest in their farm operations in anticipation of development.  Your Committees find that these issues merit further consideration but also recognize the critical need for quality child care in rural areas of Hawaii to support Hawaii's farming families.

     Your Committees have amended this measure by:

     (1)  Removing language that limited the permitted use of farm dwellings on agriculturally designated districts for family child care homes to only those farm dwellings constructed prior to July 1, 2014;

     (2)  Inserting language to amend the definition of "family child care home" to permit care of one to six unrelated children instead of only three to six unrelated children;

     (3)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Human Services and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2560, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2560, H.D. 2, S.D. 1, and be referred to the Committee on Public Safety, Intergovernmental and Military Affairs.

Respectfully submitted on behalf of the members of the Committees on Human Services and Agriculture,

____________________________ CLARENCE K. NISHIHARA, Chair

____________________________ SUZANNE CHUN OAKLAND, Chair