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68th Legislature 2023 HB 918.1
1 HOUSE BILL NO. 918
2 INTRODUCED BY A. BUCKLEY, R. MARSHALL, E. BUTTREY, S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT ELIMINATING THE REQUIREMENT THAT A DAY-CARE HOME
5 BE REGISTERED BY THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES TO QUALIFY AS
6 A RESIDENTIAL USE OF PROPERTY FOR PURPOSES OF ZONING; PROVIDING AN APPROPRIATION;
7 AMENDING SECTION 76-2-412, MCA; AND PROVIDING AN EFFECTIVE DATE.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 1. Section 76-2-412, MCA, is amended to read:
12 "76-2-412. Relationship of foster homes, kinship foster homes, youth shelter care facilities,
13 youth group homes, community residential facilities, and day-care homes to zoning. (1) A foster home,
14 kinship foster home, youth shelter care facility, or youth group home operated under the provisions of 52-2-621
15 through 52-2-623 or a community residential facility serving eight or fewer persons is considered a residential
16 use of property for purposes of zoning if the home provides care on a 24-hour-a-day basis.
17 (2) A family day-care home or a group day-care home registered by the department of public
18 health and human services under Title 52, chapter 2, part 7, as defined in 52-2-703, is considered a residential
19 use of property for purposes of zoning.
20 (3) The facilities listed in subsections (1) and (2) are a permitted use in all residential zones,
21 including but not limited to residential zones for single-family dwellings. Any safety or sanitary regulation of the
22 department of public health and human services or any other agency of the state or a political subdivision of the
23 state that is not applicable to residential occupancies in general may not be applied to a community residential
24 facility serving 8 or fewer persons or to a day-care home serving 12 or fewer children.
25 (4) This section may not be construed to prohibit a city or county from requiring a conditional use
26 permit in order to maintain a home pursuant to the provisions of subsection (1) if the home is licensed by the
27 department of public health and human services. A city or county may not require a conditional use permit in
28 order to maintain a day-care home registered by the department of public health and human services."
-1- Authorized Print Version – HB 918
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68th Legislature 2023 HB 918.1
1
2 NEW SECTION. Section 2. Appropriation. There is appropriated $500 from the general fund to the
3 department of public health and human services for the biennium beginning July 1, 2023, to pay for costs
4 associated with notifying local governments about the change in law regarding a family day-care home or a
5 group day-care home zoning in [section 1].
6
7 NEW SECTION. Section 3. Effective date. [This act] is effective July 1, 2023.
8 - END -
-2- Authorized Print Version – HB 918


Statutes affected:
HB0918_1.pdf: 76-2-412
HB0918_2.pdf: 76-2-412
Amended: 76-2-412
Introduced: 76-2-412