STAND. COM. REP. NO. 467

Honolulu, Hawaii

, 2001

RE: H.B. No. 118

H.D. 2

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2001

State of Hawaii

Sir:

Your Committee on Consumer Protection and Commerce, to which was referred H.B. No. 118, H.D. 1, entitled:

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

begs leave to report as follows:

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

    1. Setting a $1,000,000 liability insurance policy limit per provider;
    2. Extending the law to include renters;
    3. Limiting the number of family child care homes to three percent of the units in planned developments; and
    4. Deleting the repeal date.

Testimony in support of this bill was received from the Good Beginnings Alliance and several concerned citizens. Testimony in support of the intent of the bill was received from the Department of Human Services and People Attentive to Children. The Disability and Communication Access Board submitted comments on the bill and supported the amendments regarding the Americans with Disabilities Act. The Communications Association Institute submitted testimony with concerns regarding the bill. The Hawaii Council of Associations of Apartment Owners submitted testimony with comments on the bill and requested a deferral of action on the bill.

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.

In addition, your Committee recognizes child care provider concerns that there will be an increased number of unlicensed providers doing business illegally due to 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. Requiring that the operator of the family child-care home pay for modifications required for children or parents with a physical disability;
    2. Deleting proposed amendment regarding any conditions or limitations necessary for health or safety reasons and not intended to stifle the provision of family child care services;
    3. Deleting the proposed amendment requiring that the association of a townhouse project be indemnified of any claims and actions arising from the operation of the family child care home; and
    4. Changing the effective date of the bill to June 29, 2001.

As affirmed by the record of votes of the members of your Committee on Consumer Protection and Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 118, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as H.B. No. 118, H.D. 2.

 

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

____________________________

KENNETH T. HIRAKI, Chair