House bill NO. 187

INTRODUCED BY A. Buckley, J. Gillette, S. Fitzpatrick

By Request of the ****

A BILL FOR AN ACT ENTITLED: "AN ACT clarifying THAT CHILD CARE IS A RESIDENTIAL USE OF PROPERTY AND A RESIDENTIAL PURPOSE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE, A RETROACTIVE APPLICABILITY DATE, and AN APPLICABILITY DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1.  Home-based child care. For residential property subject to a covenant, providing child care in a family day-care home as defined in 52-2-703 or a group day-care home as defined in 52-2-703 is a residential use of property and is a residential purpose.

Section 2. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 17, part 2, and the provisions of Title 70, chapter 17, part 2, apply to [section 1].

Section 3. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

Section 4. Effective date. [This act] is effective on passage and approval.

Section 5. Retroactive applicability. [This act] applies retroactively, within the meaning of 1-2-109, to covenants on residential property in existence before [the effective date of this act] that do not clearly and expressly address child care.

Section 6. Applicability. [This act] applies to covenants on residential property adopted on or after [the effective date of this act] that do not clearly and expressly address child care.