First Regular Session
Sixty-first General Assembly
LLS NO. 970640.01D MN
SENATE BILL 97231
STATE OF COLORADO
BY SENATOR Tebedo;
also REPRESENTATIVE Kreutz.
ENGROSSED
HEALTH, ENVIRONMENT,
WELFARE & INSTITUTIONS
A BILL FOR AN ACT
CONCERNING FAMILY CHILD CARE HOMES.
Bill Summary
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
adopted.)
Makes establishment of family child care homes a matter of statewide concern. Restricts the use of covenants governing the use of real property that effectively prohibit the operation of family child care homes.
Creates immunity from liability for homeowners' associations for acts arising out of the operation of family child care homes.
Establishes a tax credit for employers who pay for
child care in family child care homes of one dollar for every
five dollars spent on such care.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 266101.4, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:
266101.4. Legislative declaration concerning the protections afforded by regulation need for family child care homes. (1) The general assembly finds and declares that increasing numbers of children in Colorado are spending a significant portion of their day in care settings outside their own homes. In addition, some children are placed in facilities for residential care for their protection and wellbeing. The general assembly finds that regulation and licensing of child care facilities contribute to a safe and healthy environment for children. The provision of such environment affords benefits to children, their families, their communities, and the larger society. The general assembly acknowledges that there is a need to balance accessibility and quality of care when regulating child care facilities. It is the intent of the general assembly that those who regulate and those who are regulated work together to meet the needs of the children, their families, and the child care industry.
(2) In balancing the needs of children and their families with the needs of the child care industry, the general assembly also recognizes the financial demands with which the department of human services is faced in its attempt to ensure a safe and sanitary environment for those children of the state of Colorado who are in child care facilities. In an effort to reduce the risk to children outside their homes while recognizing the financial constraints placed upon the department, it is the intent of the general assembly that the limited resources available be focused primarily on those child care facilities that have demonstrated that children in their care may be at higher risk pursuant to section 266107.
(3) THE GENERAL ASSEMBLY HEREBY FINDS AND DECLARES THAT, DUE TO THE DRAMATIC INCREASE IN THE NUMBER OF TWOPARENT AND SINGLEPARENT FAMILIES IN WHICH PARENTS WORK OUTSIDE THE HOME AND THE ANTICIPATED NUMBER OF FAMILIES MOVING FROM DEPENDENCE ON PUBLIC ASSISTANCE TO SELFSUFFICIENCY, THERE IS A NEED TO PROMOTE THE DEVELOPMENT OF MORE AFFORDABLE, QUALITY CHILD CARE CHOICES FOR COLORADO'S FAMILIES. IN ADDITION, SINCE MANY FAMILIES PREFER TO ARRANGE FOR AND PURCHASE CHILD CARE IN THEIR OWN NEIGHBORHOODS, THE GENERAL ASSEMBLY FINDS IT NECESSARY TO ENCOURAGE THE DEVELOPMENT OF FAMILY CHILD CARE HOMES BY ELIMINATING BARRIERS THAT MIGHT PREVENT SUCH HOMES FROM BEING ESTABLISHED IN RESIDENTIAL NEIGHBORHOODS.
SECTION 2. Part 1 of article 6 of title 26, Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
266103.5. Family child care home special provisions. (1) AS USED IN THIS SECTION, THE TERM AHOMEOWNERS= ASSOCIATION@ INCLUDES A UNIT OWNERS= ASSOCIATION ORGANIZED PURSUANT TO SECTION 38-33.3-301, C.R.S., A MASTER ASSOCIATION DESCRIBED IN SECTION 38-33.3-220, C.R.S., A NONPROFIT CORPORATION THAT REPRESENTS A RESIDENTIAL COMMUNITY, AND A COVENANT-CONTROLLED COMMUNITY.
(1) (a) A COVENANT IN EXISTENCE PRIOR TO JANUARY 1, 1998, GOVERNING THE USE OF REAL PROPERTY SHALL NOT BE CONSTRUED TO PROHIBIT THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 266102, UNLESS THE LANGUAGE OF THE COVENANT EXPLICITLY PROHIBITS THE OPERATION OF A FAMILY CHILD CARE HOME.
(b) ON AND AFTER JANUARY 1, 1998, NO COVENANT GOVERNING THE USE OF REAL PROPERTY SHALL BE CONSTRUED TO PROHIBIT DIRECTLY OR EFFECTIVELY THE OPERATION OF A FAMILY CHILD CARE HOME, AS DEFINED IN SECTION 266102, UNLESS:
(I) THE LANGUAGE OF THE COVENANT EXPLICITLY PROHIBITS THE OPERATION OF A FAMILY CHILD CARE HOME AS SUCH COVENANT IS RECORDED; AND
(II) THE OPERATION OF THE FAMILY CHILD CARE HOME BEGAN AFTER THE DATE SUCH COVENANT WAS RECORDED.
(c) A FAMILY CHILD CARE HOME SHALL NOT VIOLATE ANY PROVISION OF ANY COVENANT, SO LONG AS SUCH PROVISION DOES NOT EXPLICITLY OR EFFECTIVELY PROHIBIT THE OPERATION OF SUCH FAMILY CHILD CARE HOME.
(d) THIS SECTION SHALL NOT APPLY TO HOUSING FOR OLDER PERSONS AS DEFINED IN 42 U.S.C. SEC. 3607 (b) (2), OR COMMON INTEREST COMMUNITIES THAT ARE CONDOMINIUMS OR PLANNED COMMUNITY TOWNHOME PROJECTS THAT CONSIST OF THREE OR MORE INDIVIDUAL DWELLING UNITS HAVING ARCHITECTURAL UNITY AND COMMON WALLS BETWEEN UNITS.
(2) A HOMEOWNERS' ASSOCIATION AND ITS AGENTS, EMPLOYEES, GOVERNING BOARD, MEMBERS, OFFICERS, DIRECTORS, AND ELECTED REPRESENTATIVES ARE IMMUNE FROM LIABILITY FOR DAMAGES ARISING FROM THE ACTIONS OR OMISSIONS OF THE OWNERS OF OR RESIDENTS OR CHILDREN IN A FAMILY CHILD CARE HOME BASED UPON THE OPERATION OF THE FAMILY CHILD CARE HOME.
(3) THIS SECTION SHALL NOT BE INTERPRETED TO REQUIRE A HOMEOWNERS' ASSOCIATION TO ALLOW RESIDENTS AND CHILDREN IN A FAMILY CHILD CARE HOME USE OF THE COMMON AREAS OR RECREATIONAL FACILITIES OF A RESIDENTIAL COMMUNITY IN CONNECTION WITH THE OPERATION OF SUCH FAMILY CHILD CARE HOME, EXCEPT THOSE COMMON AREAS NECESSARY TO ALLOW ENTRANCE TO AND EXIT FROM SUCH FAMILY CHILD CARE HOME.
SECTION 3. 3028106 (3), Colorado Revised Statutes, 1986 Repl. Vol., is amended BY THE ADDITION OF A NEW PARAGRAPH to read:
3028106. Adoption of master plan contents. (3) (e) IN CREATING THE MASTER PLAN OF A COUNTY OR REGION, THE COUNTY OR REGIONAL PLANNING COMMISSION MAY TAKE INTO CONSIDERATION THE AVAILABILITY OF FAMILY CHILD CARE HOMES, AS DEFINED AND REGULATED IN SECTION 266102, C.R.S., WITHIN THE COUNTY OR REGION. COUNTIES ARE ENCOURAGED TO EXAMINE ANY REGULATORY IMPEDIMENTS TO THE DEVELOPMENT OF SUCH FAMILY CHILD CARE HOMES.
SECTION 4. 3123207, Colorado Revised Statutes, 1986 Repl. Vol., is amended to read:
3123207. Purposes in view. In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, morals, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, the promotion of healthful and convenient distribution of population, FAMILY CHILD CARE HOMES, the promotion of good civic design and arrangement, wise and efficient expenditure of public funds, the promotion of energy conservation, and the adequate provision of public utilities and other public requirements.
SECTION 5. No appropriation. The general assembly has determined that this act can be implemented within existing appropriations, and therefore no separate appropriation of state moneys is necessary to carry out the purposes of this act.
SECTION 6. Effective date. This act shall take effect JANUARY 1, 1998.
SECTION 7. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.