REPORT TITLE:
Family Child Care


DESCRIPTION:
Includes condominiums, apartments, and townhouses as types of
residences eligible to be used as child care facilities.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           513
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FAMILY CHILD CARE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§663-    Childcare providers to indemnify etc.  (a)  A
 
 5 person who operates a childcare business in a family child care
 
 6 home, as defined in sections 46-15.35, 501-231, and 502-111,
 
 7 shall indemnify, hold harmless, and defend a homeowners
 
 8 association or association of apartment owners, as applicable,
 
 9 from all claims, including costs and attorneys' fees, whether
 
10 brought by an action or administratively:
 
11      (1)  Relating to a childcare activity conducted on the
 
12           premises of the child care home, asserted by or on
 
13           behalf of the child being cared for; or
 
14      (2)  Relating to the Equal Opportunity For Individuals With
 
15           Disabilities (Americans With Disabilities Act of 1990,
 
16           Title 42, United States Code section 12101, et seq., as
 
17           amended), as requiring compliance by the homeowners
 
18           association or association of apartment owners, as
 
19           applicable, for conducting a family child care home.
 

 
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 1      (b)  The homeowners association or association of apartment
 
 2 owners, as applicable, may require a homeowner or apartment
 
 3 owner, as applicable, to sign an indemnification agreement as a
 
 4 condition precedent to the start of a child care business on the
 
 5 premises.
 
 6      (c)  The homeowner or apartment owner under subsection (b),
 
 7 or a person operating a childcare business on the premises of the
 
 8 homeowner or apartment owner, shall not agree to settle or to
 
 9 stipulate to any matter relating to a claim under subsection (a)
 
10 without the prior approval of the homeowners association or
 
11 association of apartment owners, as applicable.  The approval
 
12 shall not be unreasonably withheld."
 
13      SECTION 2.  Section 46-15.35, Hawaii Revised Statutes, is
 
14 amended by amending subsection (b) to read as follows:
 
15      "(b)  For the purposes of this section, "family child care
 
16 home" means a private residence, including a home, condominium,
 
17 townhouse, or apartment, where six or fewer children are cared
 
18 for."
 
19      SECTION 3.  Section 501-231, Hawaii Revised Statutes, is
 
20 amended by amending subsections (b) and (c) to read as follows:
 
21      "(b)  This provision shall not apply to:
 
22      (1)  Housing for older persons as defined by 42 United
 
23           States Code section 3607(b)(2);
 

 
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                                     S.B. NO.           513
                                                        
                                                        

 
 1      (2)  Limited-equity housing cooperatives created pursuant to
 
 2           chapter 421H; or
 
 3      (3)  Cooperative housing corporations created pursuant to
 
 4           chapter 421I[;
 
 5      (4)  Condominium property regimes created pursuant to
 
 6           Chapter 514A; or
 
 7      (5)  Townhouse projects that consist of a series of three or
 
 8           more individual dwelling units having architectural
 
 9           unity and a common wall between each adjacent unit and
 
10           in which the owners of the units are members of an
 
11           association which is responsible for common areas
 
12           available for use by the members of the association].
 
13      (c)  For the purposes of this section "family child care
 
14 home" means a private residence, including a home, condominium,
 
15 townhouse, or apartment, where six or fewer children are cared
 
16 for."
 
17      SECTION 4.  Section 502-111, Hawaii Revised Statutes, is
 
18 amended by amending subsections (b) and (c) to read as follows:
 
19      "(b)  This provision shall not apply to:
 
20      (1)  Housing for older persons as defined by 42 United
 
21           States Code section 3607(b)(2);
 
22      (2)  Limited-equity housing cooperatives created pursuant to
 
23           chapter 421H; or
 

 
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                                     S.B. NO.           513
                                                        
                                                        

 
 1      (3)  Cooperative housing corporations created pursuant to
 
 2           chapter 421I[;
 
 3      (4)  Condominium property regimes created pursuant to
 
 4           chapter 514A; or
 
 5      (5)  Townhouse projects that consist of a series of three or
 
 6           more individual dwelling units having architectural
 
 7           unity and a common wall between each adjacent unit and
 
 8           in which the owners of the units are members of an
 
 9           association which is responsible for common areas
 
10           available for use by the members of the association].
 
11      (c)  For the purposes of the section, "family child care
 
12 home" means a private residence, including a home, condominium,
 
13 townhouse, or apartment, where six or fewer children are cared
 
14 for."
 
15      SECTION 5.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 6.  This Act shall take effect upon its approval.
 
18 
 
19                           INTRODUCED BY:  _______________________
 
20 
 
21                                           _______________________