REPORT TITLE:
Family Child Care


DESCRIPTION:
Includes condominiums, apartments, and townhouses as types of
residences eligible to be used as child care homes; clarifies
duties and rights between child care home and association of
apartment owners. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        513
THE SENATE                              S.B. NO.           S.D. 1
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-    Liability for operation of a family child care
 
 5 home.  (a)  No association of apartment owners shall prohibit the
 
 6 operation of a child care business in a family child care home
 
 7 that is a condominium, apartment, or townhouse; provided that
 
 8 the family child care home is in compliance with the Equal
 
 9 Opportunity for Individuals With Disabilities (Americans With
 
10 Disabilities Act of 1990, Title 42, United States Code section
 
11 12101, et seq., as amended); and provided further that any
 
12 improvements or remodeling made to the particular unit of the
 
13 family child care home or to the common elements in order to
 
14 comply with the Americans With Disabilities Act, shall be made
 
15 and paid for by the operator of the family child care home.  For
 
16 purposes of this subsection, the family child care home and the
 
17 association of apartment owners may seek the advice of the
 
18 commission on persons with disabilities under section 348E-3(7)
 
19 in lieu of seeking advice from other sources to determine
 

 
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 1 compliance with the Americans With Disabilities Act.
 
 2      If the American with Disabilities Act requires that
 
 3 modifications or improvements be made to the common elements, the
 
 4 operator of the family child care home shall obtain the approval
 
 5 of the association of apartment owners to make the modifications
 
 6 or improvements before undertaking any construction.
 
 7      (b)  No association of apartment owners or shall be liable
 
 8 for any claims or causes of actions for injury to a child being
 
 9 cared for, or to any of the child's relatives, guardians, or
 
10 caretakers that occur within the family child care home or on the
 
11 common elements under subsection (a).
 
12      (c)  An association of apartment owners may require a family
 
13 child care home, as a condition precedent to operating a child
 
14 care business, to:
 
15      (1)  Indemnify, hold harmless, and defend the association of
 
16           apartment owners and from all claims, including costs
 
17           and attorneys' fees, whether brought by an action or
 
18           administratively, relating to the operation of a family
 
19           child care home, including common elements that are
 
20           traversed by persons going to and from the family child
 
21           care home;
 
22      (2)  Reimburse the association of apartment owners for the
 
23           amount of any increase in insurance premiums incurred
 

 
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 1           by the association in the association's liability
 
 2           insurance attributable by the insurer to the operation
 
 3           of the family child care home;
 
 4      (3)  Require the parent, guardian, and caretaker of the
 
 5           child being cared for in the family child care home to
 
 6           sign a waiver of liability against the association of
 
 7           apartment owners; and
 
 8      (4)  Obtain liability insurance to cover the family child
 
 9           care home and the common elements that meets the
 
10           approval of the association of apartment owners and
 
11           that names the association of apartment owners as an
 
12           additional named insured, for liability claims arising
 
13           solely from the operation of the child care business;
 
14           provided that the policy limits shall be determined in
 
15           accordance with the declaration; and provided further
 
16           that the liability policy of the family child care home
 
17           shall be primary.
 
18      (d)  As used in this section:
 
19      "Apartment" shall have the same meaning as in
 
20 section 514A-3.
 
21      "Association of apartment owners" shall have the same
 
22 meaning as in section 514A-3, and includes a homeowners
 
23 association.
 

 
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 1      "Common elements" shall have the same meaning as in section
 
 2 514A-3.
 
 3      "Condominium" or apartment, shall have the same meaning as
 
 4 in section 514A-3.
 
 5      "Declaration" shall have the same meaning as in section
 
 6 514A-3.
 
 7      "Family child care home" shall have the same meaning as in
 
 8 sections 46-15.35, 501-231, and 502-111.
 
 9      "Townhouse" shall have the same meaning as in
 
10 section 196-2."
 
11      SECTION 2.  Section 46-15.35, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  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 3.  Section 348E-3, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§348E-3 Powers, duties, functions of the commission.  The
 
20 commission shall have and perform the following powers, duties,
 
21 and functions:
 
22      (1)  Serve as a central [coordinative] coordinating
 
23           clearinghouse of public and private activities relating
 

 
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 1           to persons with disabilities and as repository and
 
 2           disseminator of activities and information relating to
 
 3           persons with disabilities[.];
 
 4      (2)  Review and assess the problems and needs, and the
 
 5           availability, of adequate services and resources for
 
 6           persons with disabilities in the State with regard but
 
 7           not limited to employment, education, health, social
 
 8           services, recreation, civil rights, public facilities,
 
 9           housing, vocational training and rehabilitation, and
 
10           other matters pertinent to the well-being and
 
11           independence of persons with disabilities[.];
 
12      (3)  Conduct research, studies, data collection, and
 
13           planning activities designed to provide additional
 
14           information on persons with disabilities, with
 
15           particular reference to specific needs of persons with
 
16           disabilities, and to publicize the results thereof; to
 
17           the extent that these functions do not duplicate or
 
18           supplant activities provided by other federal, state,
 
19           or county agencies[.];
 
20      (4)  Advise and make recommendations to the State and the
 
21           counties on matters relating to persons with
 
22           disabilities, and on matters which affect persons with
 
23           disabilities, including legislative matters[.];
 

 
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 1      (5)  Develop short- and long-term goals in fulfilling the
 
 2           needs of persons with disabilities, to be undertaken by
 
 3           the commission in facilitating the coordination of
 
 4           services and programs for persons with disabilities[.];
 
 5      (6)  Educate the public and persons with disabilities on the
 
 6           problems, needs, potentials, and rights of persons with
 
 7           disabilities through affirmative public education
 
 8           programs[.];
 
 9      (7)  Provide advice to operators of family child care homes
 
10           under section 663-  (a); provided that the commission
 
11           may charge a reasonable fee for this service;
 
12     [(7)] (8)  Seek improvements in existing systems to recognize
 
13           specific needs of persons with disabilities[.];
 
14     [(8)] (9)  Serve as public advocate of persons with
 
15           disabilities[.];
 
16     [(9)] (10)  Seek and receive funds and other forms of
 
17           assistance from public and private sources to be used
 
18           in providing improved circumstances for persons with
 
19           disabilities in Hawaii[.];
 
20    [(10)] (11)  Initiate and maintain contact with public and
 
21           private, local and national organizations, agencies,
 
22           and individuals generally engaging in activities
 
23           relating to persons with disabilities, or otherwise
 

 
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 1           interested in the general or specific well-being of
 
 2           persons with disabilities[.]; and
 
 3    [(11)] (12)  Administer funds allocated for its work,
 
 4           including disbursement and allocation of funds which
 
 5           may be available from public and private sources;
 
 6           provided that such disbursement and allocation shall be
 
 7           consistent with specific requirements thereof, or in
 
 8           the absence of designated requirements, consistent with
 
 9           the purpose of this chapter.  The commission may
 
10           require, in its discretion, matching participation by
 
11           the recipients of disbursements and allocations
 
12           [hereunder]."
 
13      SECTION 4.  Section 501-231, Hawaii Revised Statutes, is
 
14 amended by amending subsections (b) and (c) to read as follows:
 
15      "(b)  This provision shall not apply to:
 
16      (1)  Housing for older persons as defined by 42 United
 
17           States Code section 3607(b)(2);
 
18      (2)  Limited-equity housing cooperatives created pursuant to
 
19           chapter 421H; or
 
20      (3)  Cooperative housing corporations created pursuant to
 
21           chapter 421I[;
 
22      (4)  Condominium property regimes created pursuant to
 
23           Chapter 514A; or
 

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

 
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 1           unity and a common wall between each adjacent unit and
 
 2           in which the owners of the units are members of an
 
 3           association which is responsible for common areas
 
 4           available for use by the members of the association].
 
 5      (c)  For the purposes of the section, "family child care
 
 6 home" means a private residence, including a home, condominium,
 
 7 townhouse, or apartment, where six or fewer children are cared
 
 8 for."
 
 9      SECTION 6.  Section 1 of this Act shall apply to child care
 
10 businesses, family child care homes, apartments, condominiums,
 
11 and townhouses that are existing as of the effective date of this
 
12 Act and to those that exist after the effective date of this Act.
 
13      SECTION 7.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 8.  This Act shall take effect upon its approval.