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Committee advances bill moving selected daycare licensing rules into statute
Summary
Senate Health and Welfare advanced House Bill 312 to move 19 administrative rule sections on daycare licensing from IDAPA into statute; the department told the committee the selections do not conflict with other pending legislation and that not all daycare rules were transferred.
The Senate Health and Welfare Committee voted to send House Bill 312 to the floor with a due-pass recommendation. The bill moves 19 specified sections of IDAPA 16.06.03 (daycare licensing) into Idaho statute; supporters described the change as shifting long-standing provisions from administrative rule to legislative authority.
Senator Glenita Zieterville, the bill sponsor, said she worked with the Department of Health and Welfare and sought to "move a long standing provision of administrative rules from the department's control back into the hands of the elected legislature." Department representative Adam Jones told the committee the bill is limited to the 19 sections listed on page 7 and 8 of the bill and does not remove all 21 pages of daycare regulations; he also said it does not conflict with another childcare bill still in process.
Committee members asked whether the bill fully incorporates existing rules. Senator Wintrow asked whether all the rules were read and included; Jones and the sponsor said the change was limited to the listed sections. Jones confirmed that language requiring the department to issue a basic license within 60 days upon finding compliance is taken from rule. Senators discussed the tradeoffs of moving rules into statute and public engagement: some members said placing provisions in statute increases legislative oversight; others said rulemaking allows agencies operational flexibility and public input.
Senator Shippey moved the committee recommendation; the motion carried on a voice vote. No roll-call tally is recorded in the transcript.
