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HB0126 • 2024

Child care is a residential use of property.

AN ACT relating to property; providing that day care is a residential use of property for the purposes of restrictive covenants; and providing for an effective date.

Children Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Yin
Last action
2024-03-15
Official status
enrolled
Effective date
7/1/2024

Plain English Breakdown

The official bill text does not provide information on whether notice is required for homeowners associations, but it was removed due to conflicting amendments and lack of clarity in the summary.

Child Care as a Residential Use

This law defines child care provided in family day care homes as a residential use of property for restrictive covenants, with certain limitations.

What This Bill Does

  • Defines child care provided in family day care homes as a residential use of property and purpose for restrictive covenants on residential properties that do not clearly prohibit it.
  • Limits the number of children to ten or fewer on a regular basis.

Who It Names or Affects

  • Homeowners who provide child care in their homes.
  • Residents of neighborhoods with restrictive covenants on property use.

Terms To Know

Restrictive covenant
A rule agreed upon by homeowners that limits how a property can be used.
Family day care home
A private residence or structure where child care is provided to up to ten children regularly.

Limits and Unknowns

  • The law only applies to covenants adopted on or after July 1, 2024.
  • It does not apply if the covenant clearly and expressly prohibits child care.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0126H3001

3rd reading • Representative Singh

Withdrawn

Plain English: The amendment removes a previous change made by the House standing committee from the bill.

  • Removes an existing amendment to HB0126 that was previously added by the House standing committee.
  • The exact content of the removed amendment is not provided, so it's unclear what specific changes were being undone.
HB0126H3002

3rd reading • Representative Singh

Adopted

Plain English: The amendment removes a specific phrase from an existing bill provision about day care being considered a residential use of property.

  • Removes the phrase 'and in which does not have any employees' from the bill text.
  • This change may affect how day care facilities are classified under restrictive covenants, but more context is needed to fully understand all implications.
HB0126H3003

3rd reading • Representative Newsome

Failed

Plain English: The amendment changes how families can provide child care at their homes by adding notice requirements to restrictive covenants in homeowners associations.

  • Adds a requirement for owners of residential property providing child care to give written notice to the homeowners association and nearby property owners before starting child care services.
  • Specifies that this notice must be given no later than thirty days before beginning to provide child care.
  • The amendment does not specify what happens if the required notice is not provided or how disputes over compliance are resolved.
HB0126H3004

3rd reading • Representative Nicholas

Adopted

Plain English: The amendment changes the bill so it will only affect new restrictive covenants on residential property starting from July 1, 2024.

  • Removes existing language and replaces it with a provision that limits the act's application to new restrictive covenants adopted after July 1, 2024.
  • The amendment does not explain what happens to existing restrictive covenants before July 1, 2024.
HB0126HW001

Committee of the Whole • Representative Newsome

Failed

Plain English: The amendment adds requirements for notifying a homeowner's association and nearby property owners before starting a family daycare business in a subdivision.

  • Adds a requirement to notify the homeowners association and neighboring property owners at least 60 days before starting child care services in a family day care home.
  • Specifies that the notice must be sent by mail to the homeowners association and each owner of real property within 300 feet of the daycare location.
  • The amendment does not specify what happens if the required notice is not given or how disputes over notices are resolved.
HB0126HS001

Standing Committee • House Corporations, Elections & Political Subdivis

Adopted

Plain English: 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.

  • Reduces the maximum number of children allowed in a day care from fifteen to ten.
  • Adds a requirement that day cares must not employ anyone.
  • The amendment's impact on existing day care operations is unclear and may need further clarification.
HB0126SS001

Standing Committee • Senate Corporations, Elections & Political Subdivi

Adopted

Plain English: 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.

  • Removes the phrase 'specifying applicability;' from the bill's title.
  • Modifies a sentence by removing ', providing' and inserting new language about child care provisions.
  • Deletes lines that were previously part of Section 3, which are no longer needed after other changes.
  • The exact content removed in line 8 through 10 is not provided, making it unclear what specific details were deleted.

Bill History

  1. 2024-03-15 LSO

    Assigned Chapter Number 84

  2. 2024-03-15 Governor

    Governor Signed HEA No. 0043

  3. 2024-03-07 Senate

    S President Signed HEA No. 0043

  4. 2024-03-06 House

    H Speaker Signed HEA No. 0043

  5. 2024-03-06 LSO

    Assigned Number HEA No. 0043

  6. 2024-03-05 House

    H Concur:Passed 51-5-6-0-0

  7. 2024-03-05 House

    H Received for Concurrence

  8. 2024-03-05 Senate

    S 3rd Reading:Passed 23-8-0-0-0

  9. 2024-03-04 Senate

    S 2nd Reading:Passed

  10. 2024-03-01 Senate

    S COW:Passed

  11. 2024-02-29 Senate

    S Placed on General File

  12. 2024-02-29 Senate

    S07 - Corporations:Recommend Amend and Do Pass 3-1-1-0-0

  13. 2024-02-23 Senate

    S Introduced and Referred to S07 - Corporations

  14. 2024-02-23 Senate

    S Received for Introduction

  15. 2024-02-22 House

    H 3rd Reading:Passed 45-17-0-0-0

  16. 2024-02-21 House

    H 2nd Reading:Passed

  17. 2024-02-20 House

    H COW:Passed

  18. 2024-02-20 House

    H Placed on General File

  19. 2024-02-20 House

    H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0

  20. 2024-02-14 House

    H Introduced and Referred to H07 - Corporations 59-1-2-0-0

  21. 2024-02-09 House

    H Received for Introduction

  22. 2024-02-07 LSO

    Bill Number Assigned

Official Summary Text

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.

Current Bill Text

Read the full stored bill text
24LSO-0460

ORIGINAL House

ENGROSSED
Bill No
.
HB0126

ENROLLED ACT NO. 43,

HOUSE OF REPRESENTATIVES

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to property; providing that day care is a residential use of property for the purposes of restrictive covenants; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 34
‑
1
‑
501 is created to read:

ARTICLE 5
COVENANTS

34
‑
1
‑
501.

Home based child care limitations.

For residential property subject to a covenant that does not clearly and expressly prohibit child care, the provision of child care in a family day care home is a residential use of property and is a residential purpose. For purposes of this section "family day care home" means a private residence or other structure in which day care is provided to not more than ten (10) children on a regular basis.

Section 2
.

This act is effective July 1, 2024
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1