SUMMARY OF SENATE BILL 107 as introduced 1-17-95:

The bill would amend Public Act 207 of 1921, which provides for the establishment of city and village zoning regulations, to require that a registered "family day-care home" be considered a residential use of property for zoning purposes, and be permitted in all residential zones including those zoned for single family dwellings. Such day-care homes could not be subject to a special use or conditional use permit or procedure different from that required of other dwellings of similar density in a zone. A licensed "group day-care home" would have to be issued a special use permit, conditional use permit, or other similar permit if the home:

-- Were located at least 1,500 feet from another licensed group day-care home, a licensed adult foster care small or larger group home, a licensed substance abuse treatment facility offering service to at least seven people, or a community correction center, resident home, halfway house, or other similar facility that housed an inmate population under the jurisdiction of the Department of Corrections. The subsequent establishment of any of these facilities within 1,500 feet of a licensed group day-care home after it was issued a special use permit, conditional use permit, or other similar permit, would not affect renewal of the home's permit. (The distance between facilities would have to be measured along a road, street, or place-- not including an alley--maintained by the State or a political subdivision and generally open to public use for vehicular traffic.)

-- Had appropriate fencing for the safety of the children in the home as determined by the city or village.

-- Maintained the property consistently with the visible characteristics of the neighborhood.

-- Did not exceed 16 hours of operation during a 24-hour period. (The city or village could limit or prohibit the operation of a group day-care home between 10:00 p.m. and 6:00 a.m.)

-- Met any regulations requiring off-street parking accommodations for day-care home employees, and governing signs used to identify a group day-care home.

The bill, however, would not prevent a city or village from issuing a special use permit, conditional use permit, or other similar permit to a licensed or registered group day-care home that did not meet the specified standards.

A licensed or registered family or group day-care home in operation prior to the effective date of the bill would not have to comply with the bill.

The bill would not prevent a city or village from inspecting a family or group day-care home for compliance with, and enforcing, a local ordinance if the ordinance were not more restrictive than the provisions of Public Act 116 of 1973, which regulates child care organizations.

"Family day care home" would be defined with reference to Public Act 116 of 1973, i.e., a private home where between one and seven children receive care, unattended by their parent or legal guardian, for periods less than 24 hours per day. "Group day care home" is defined in that Act the same as "family day-care home" except that a group home is registered to care for between six and 12 children. Under the bill, both terms would apply only to the bona fide private residence of the operator of the family or group day-care home.

Proposed MCL 125.583c Legislative Analyst: L. Arasim

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Fiscal Analyst: R. Ross

S9596\S107SA

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.