Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Daycare Licensing Rules topic
No spam. Unsubscribe anytime.
Committee advances bill moving parts of daycare licensing rules into statute; questions on rulemaking raised
Summary
Senators voted to send House Bill 312 to the floor; the bill moves 19 sections from IDAPA daycare licensing rules into statute. Department staff said the bill does not conflict with another pending daycare bill, but some senators expressed concern about removing rulemaking flexibility from the executive branch.
The Senate Health and Welfare Committee advanced House Bill 312, which moves 19 sections from IDAPA 16.06.03 — the department’s daycare licensing rules — into Idaho statute.
Sponsor Senator Glenita Zieterville, District 24, told the committee the measure transfers long‑standing rule provisions into statute and covers “definitions, licenses, safety standards, fees, training, requirements, behavioral management, and complaints.” She described the change as returning regulatory language from the Department of Health and Welfare’s administrative rules to the legislature.
Adam Jones, speaking for the Department of Health and Welfare, told senators the bill covers the 19 specific sections listed in the bill and does not remove the entire rule chapter. He also said the bill does not conflict with a separate pending bill on daycares (identified in committee as House Bill 243); if both bills pass, Legislative Services would resolve any overlap. On the new statutory language that requires the department to issue a basic license “within 60 days” after receiving a complete application, Jones said that language mirrors the existing rule and reflects an operational timeframe.
Several senators expressed concern about the broader policy choice of moving rules into statute. Senator Wintrow said the rulemaking process allows stakeholder engagement and warned that transferring many rules into statute reduces that flexibility. Senator Zieterville responded that the move to statute is intended to increase legislative accountability and oversight of longstanding regulatory language.
Senator Shippey moved to send House Bill 312 to the floor with a due pass recommendation; the motion was seconded and approved by voice vote.
The bill, as drafted, incorporates specific rule sections into statute while leaving other departmental rules in place; committee and department staff emphasized that not all 21 pages of IDAPA chapter 16.06.03 are being moved into code.
