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RS 32137 would move child-support license-suspension rule into statute and remove TANF exemption

3220256 · February 3, 2025
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Summary

Senator Brandon Shippy introduced RS 32137 to transfer an administrative rule (IDAPA 16.03.03, section 302) governing license suspensions for nonpayment of child support into statute and to remove TANF as a listed good-cause exemption; the committee voted to send the request to print.

Senator Brandon Shippy introduced RS 32137 to the Senate Health and Welfare Committee, proposing to move a long-standing provision from IDAPA 16.03.03 (Child Support Services), specifically section 302, into statute. The provision lists "good cause" exemptions that prevent suspension of driver's and occupational licenses for people who are not current on child-support obligations.

Shippy told the committee the measure would return ‘‘law making to the lawmakers’’ by moving the provisions out of administrative rule and into the Idaho Code. He said the department worked with him to draft the change and that there is one substantive change from the existing administrative rule: the proposed draft removes Temporary Assistance for Needy Families (TANF) as an allowed good-cause exemption to prevent license suspension for nonpayment of child support.

Senator Melissa Wintrow asked whether these were rules previously reviewed by the committee and what prompted the legislative move. Senator Shippy said the department collaborated on the drafting and noted the single substantive change removing the TANF exemption; he said he would reserve detailed rationale for the full hearing.

The committee voted to send RS 32137 to print. Senator Seiderfeld moved the request to print and Senator Keiser seconded; the motion was approved by voice vote.

The committee indicated the draft RS will receive a formal hearing at a later date where the department and other stakeholders can provide testimony.