Montana 2023 Regular Session

Montana House Bill HB187

Introduced
1/5/23  
Refer
1/6/23  
Engrossed
2/14/23  
Refer
2/14/23  
Enrolled
3/20/23  

Caption

Establish that child care is a residential use of property

Impact

The bill will modify existing laws regarding residential property use, particularly concerning the interpretation of property covenants. It emphasizes that such covenants cannot unreasonably restrict the operation of child care services. With an immediate effective date and retroactive applicability, the law aims to provide clarity and reassurance to families looking to establish or continue their home-based child care services, which is critical for addressing the growing demand for these services in Montana.

Summary

House Bill 187 aims to clarify that providing child care services is considered a residential use of property and serves a residential purpose. This bill provides a framework for ensuring that families can operate child care services within their homes without being hindered by restrictive property covenants that may exist. By defining child care in this context, the bill seeks to promote the proliferation of home-based child care options across Montana, addressing a need for accessible child care services in the community.

Sentiment

Overall, the sentiment surrounding HB 187 appears to be positive. Supporters view the bill as a necessary step towards improving access to child care, particularly for families who may struggle with existing limitations set by property covenants. There is broad agreement among legislators on the importance of supporting working families and enhancing child care availability, positioning this bill as a step towards family-friendly policies in the state.

Contention

While there is support for the bill, some potential contention may arise around the interpretation and enforceability of property covenants following the bill's passage. Critics may express concerns about how to balance residential property rights with the need for child care businesses, possibly leading to disputes over what constitutes reasonable use in residential areas. Monitoring the bill's implementation will be crucial to address any emerging issues related to property rights and local zoning regulations.

Companion Bills

No companion bills found.

Previously Filed As

MT HB0126

Child care is a residential use of property.

MT HB889

Revise the Residential Mobile Home Lot Rental Act

MT AB2710

Residential real property: sale of rental properties: right of first offer.

MT HB192

Use surplus revenue for income tax and property tax refunds and payment of bonds

MT AB919

Residential real property: sale of rental properties: right of first offer.

MT AB1703

Residential real property: sale of rental properties: right of first offer.

MT A3317

Establishes residential property wholesaler license.

MT S3824

Establishes residential property wholesaler license.

MT A4920

Establishes restrictions on number of dogs kept on residential property; establishes residential kennel license for property on which owner keeps and houses 15 to 25 dogs, and inspection and maintenance requirements for residential kennels.

MT HB2394

Establishing the property tax use value for residential real property, real property used for commercial and industrial purposes and mobile homes used for residential purposes.

Similar Bills

No similar bills found.