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NO. 37. AN ACT RELATING TO ZONING AND FAMILY DAY CARE HOMES.

(H.181)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 24 V.S.A. § 4409(f) is amended to read:

(f) A state registered *[or licensed day care facility]* family day care home serving six or fewer children shall be considered by right to constitute a permitted single-family residential use of property.

Sec. 2. TRANSITIONAL PROVISION; EXISTING REGISTERED FAMILY

DAY CARE HOMES

Notwithstanding the provisions of 24 V.S.A. § 4409(f), a state registered family day care home that was in operation on the effective date of this act shall be considered by right to constitute a permitted single-family residential use of the property on which the home was located on that date as long as the home:

(1) continues to operate as a state registered family day care home; and

(2) does not serve more than 12 children.

Sec. 3. STUDY

A committee is established to study the impact of zoning ordinances on the provision of child care and the operation of family day care homes, as defined in 33 V.S.A. § 4902(3). The committee shall consist of three members representing zoning interests and three members representing the interests of child care providers. The zoning representatives shall be designated by the executive director of the Vermont League of Cities and Towns. The child care provider members shall be designated by the commissioner of social and rehabilitation services and shall include one person from each of the following: the Child Care Advisory Board, the Vermont Association for the Education of Young Children and the Vermont Child Care Providers Association. The department of social and rehabilitation services shall provide the committee with administrative support. The committee shall report its findings and recommendations to the General Assembly no later than January 15, 2000.

Sec. 4. EFFECTIVE DATE; SUNSET

This act shall take effect upon passage. Sec. 2, relating to transitional provisions for existing registered family day care homes, shall expire on June 30, 2000. Sec. 3, relating to a study committee, shall expire on the date the study committee files the report required under that section.

Approved: May 20, 1999