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Senate committee moves 19 daycare licensing rule sections into statute
Summary
Senator Glenita Zieterville presented House Bill 312 to transfer 19 sections of IDAPA daycare licensing rules into statute; the Department of Health and Welfare said the bill does not conflict with related legislation and that the sections listed—not the department’s full rule set—are being moved.
Senator Glenita Zieterville (District 24) told the Senate Health and Welfare Committee that House Bill 312 would move 19 long-standing sections from the Department of Health and Welfare’s administrative rules for daycare licensing (IDAPA) into statute, a step she described as returning rulemaking authority to the elected legislature.
The bill transfers provisions that cover definitions, licensing and renewal procedures, safety standards, fees, training requirements, behavioral management and complaint procedures from administrative rule into statute. Adam Jones of the Department of Health and Welfare testified to the committee that the bill affects only the 19 sections listed in the bill (pages 7 and 8) and does not remove the department’s entire childcare licensing rulebook; he also said the bill does not conflict with a related piece of legislation the department is tracking (identified in committee as House Bill 243).
Committee members asked technical questions, including whether specific language in the bill (for example, a 60-day timeframe for issuing a license after receipt of a completed application) was new or derived from existing rule. Jones confirmed the 60-day language comes from current rule language and that not all pages of the existing IDAPA chapter would be moved.
Several senators discussed the broader policy question of moving rules into statute. Senator Wintrow said she was concerned about moving many rules into statute because the administrative rulemaking process provides public engagement and agency expertise; other senators said moving long-standing rules into statute ensures legislative oversight and prevents temporary rules from taking effect without legislative review. The committee voted to send the bill to the floor with a due-pass recommendation.
Votes at a glance House Bill 312 — Motion to send to the Senate floor with a due-pass recommendation (moved by Senator Shippey; seconded by Senator Buerke). Committee voice vote: motion approved.
