Wyoming Senate committee advances bill barring registered offenders from living near childcare sites

Senator Salazar introduced Senate File 88, telling the Senate Judiciary Committee the bill’s central provision prohibits any person 18 or older who is required to register as a *** offender from residing within 1,000 feet of the property where a childcare facility is located. "That is the meat of the bill, mister chairman and honorable members," he said.

The bill is three pages and seeks to extend proximity restrictions to certain small home-based providers. Committee members questioned why the draft used a separate definition for a childcare facility, including a provision about homes caring for "not less than 3 children," and whether the Department of Family Services (DFS) definitions already in statute should be used instead. Chairman Olson noted the committee’s shared goal "to capture as many facilities as we can" without creating unintended exclusions.

Roxanne O'Connor, support services senior administrator for the Department of Family Services, explained that current statute (cited in committee as 14-4-101 and 14-4-102) exempts child-care programs that provide care for fewer than three unrelated minors from licensure, and that the bill language appears intended to include those small, previously-exempt home programs for the purposes of offender-proximity rules.

Committee members flagged a likely drafting error in subsection c — the bill’s use of "not less than 3 children" where the exemption refers to programs providing care for fewer than three minors. Senator Crago moved an amendment to strike the word "not" on page 3 (to align the bill with the licensing-exemption language); the committee adopted that amendment.

Loretta Callas, testifying for the Wyoming County and Prosecuting Attorneys Association, said the association "overwhelmingly support[s]" the measure and urged the committee to close what she described as a loophole between small daycare programs and other educational providers. After adopting the drafting amendment, the committee advanced Senate File 88 on a roll-call vote with five affirmative votes.

The committee recorded the bill's nonretroactivity provision: the restriction will not apply if a registered offender’s residence was established before July 1, 2026, or before the date the childcare facility was established. The committee asked staff to tidy statutory references and clarified that any further drafting fixes could be made before floor action.

The Judiciary Committee advanced Senate File 88 as amended; the next step is floor consideration.