Child Care as a Residential Use
In one sentence
Plain language
Official record
Bill Summary - 24LSO-0460 Bill No.: HB0126 Effective: 7/1/2024 LSO No.: 24LSO-0460 Enrolled Act No.: HEA No. 0043 Chapter No.: 84 Prime Sponsor: Yin Catch Title: Child care is a residential use of property. Has Report: No Subject: Child care and restrictive covenants. Summary/Major Elements: This bill provides that child care is a residential use of property and a residential purpose for the purposes of any restrictive covenant on residential property that does not clearly and expressly prohibit child care. The bill limits its application to child care of not more than ten (10) children on a regular basis. The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.
Public statements
Last checked Aug 5, 6:23 AM
R · S13
Why they voted this way
The lawmaker opposes the bill because they believe it imposes a blanket rule on HOAs that diminishes private property rights and forces residents to hire attorneys to rewrite covenants, arguing neighbors should have input via variances.
S08
Why they voted this way
The lawmaker supports the bill based on personal experience with neighbors complaining about home-based work, aiming to balance property rights and recognize that small child care operations have minimal impact.
R · S30
Why they voted this way
The lawmaker supports the bill because it requires explicit covenants to exclude child care, viewing HOAs as quasi-governmental entities that should allow necessary services through a process similar to municipal variances.
R · S26
Why they voted this way
The lawmaker supports the bill after being convinced by previous speakers that it strengthens property rights and acknowledges the need for child care services in residential areas.
Why they voted this way
The lawmaker opposes the bill, stating they still do not think it should be done despite acknowledging that new HOAs must comply and existing ones can explicitly exclude child care.
D · H16
Why they voted this way
The lawmaker believes the Senate amendments improved the bill and urges concurrence.
H33
Why they voted this way
The lawmaker supports the amendment because limiting employees to just one or two is realistic for small daycares and prevents closures that force parents out of work.
Why they voted this way
The lawmaker supports the amendment as a practical solution, noting that hypothetical concerns about large numbers of employees are unrealistic for small residential daycares.
Why they voted this way
The lawmaker opposes the amendment because allowing employees turns a home-based operation into a business, which should not be permitted in residential areas or HOAs.
R · H61
Why they voted this way
The lawmaker supports the amendment because reliable child care enables parents to work, which strengthens the economy.
R · H07
Why they voted this way
The lawmaker supports the amendment because it prevents the state from overriding existing private contracts and covenants in established HOAs.
D · H16
Why they voted this way
The lawmaker opposes the amendment because it would severely limit the ability of families in neighborhoods to start small, residential child care arrangements.
R · H34
Why they voted this way
The lawmaker opposes the amendment because HOA agreements are contracts that residents agree to, and the state should not override those private decisions.
R · H47
Why they voted this way
The lawmaker supports the amendment because it clarifies how the bill interacts with existing HOA covenants.
R · H09
Why they voted this way
The lawmaker supports the amendment because making it prospective rather than retroactive makes the bill more acceptable to those concerned about existing HOA rules.
D · H16
Why they voted this way
The lawmaker explains that the bill ensures child care is recognized as a residential use, allowing parents to operate licensed or unlicensed facilities in their homes despite restrictive covenants.
If a lawmaker is not listed, we couldn't find a published reason.
Wyoming roll calls
7 roll calls
Official activity
Changes
7 stored
The amendment removes a previous change made by the House standing committee from the bill.
The amendment removes a specific phrase from an existing bill provision about day care being considered a residential use of property.
The amendment changes how families can provide child care at their homes by adding notice requirements to restrictive covenants in homeowners associations.
The amendment changes the bill so it will only affect new restrictive covenants on residential property starting from July 1, 2024.
The amendment adds requirements for notifying a homeowner's association and nearby property owners before starting a family daycare business in a subdivision.
The amendment changes the number of children allowed in a day care from fifteen to ten and adds that the day care cannot have any employees.
The amendment removes certain phrases about applicability and specific provisions related to child care in restrictive covenants, making it clearer that providing child care is allowed unless explicitly prohibited.