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.
ChildrenLabor
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.
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.
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.
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.
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.
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
2024-03-15LSO
Assigned Chapter Number 84
2024-03-15Governor
Governor Signed HEA No. 0043
2024-03-07Senate
S President Signed HEA No. 0043
2024-03-06House
H Speaker Signed HEA No. 0043
2024-03-06LSO
Assigned Number HEA No. 0043
2024-03-05House
H Concur:Passed 51-5-6-0-0
2024-03-05House
H Received for Concurrence
2024-03-05Senate
S 3rd Reading:Passed 23-8-0-0-0
2024-03-04Senate
S 2nd Reading:Passed
2024-03-01Senate
S COW:Passed
2024-02-29Senate
S Placed on General File
2024-02-29Senate
S07 - Corporations:Recommend Amend and Do Pass 3-1-1-0-0
2024-02-23Senate
S Introduced and Referred to S07 - Corporations
2024-02-23Senate
S Received for Introduction
2024-02-22House
H 3rd Reading:Passed 45-17-0-0-0
2024-02-21House
H 2nd Reading:Passed
2024-02-20House
H COW:Passed
2024-02-20House
H Placed on General File
2024-02-20House
H07 - Corporations:Recommend Amend and Do Pass 9-0-0-0-0
2024-02-14House
H Introduced and Referred to H07 - Corporations 59-1-2-0-0
2024-02-09House
H Received for Introduction
2024-02-07LSO
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