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Committee approves bill moving selected daycare licensing rules into statute
Summary
House Bill 312 would move 19 sections of IDAPA daycare licensing rules into Idaho statute; supporters said it increases legislative oversight while opponents warned it could reduce public rulemaking opportunities.
House Bill 312 was presented to the Senate Health and Welfare Committee as a measure to move 19 specific sections from IDAPA 16.03.03 (daycare licensing rules) into statute.
Senator Glenita Zierfeld introduced the bill and said it transfers longstanding administrative rules on definitions, licenses, safety standards, fees, training, behavioral management and complaints into statute. "The bill moves 19 sections from IDAPA 16.03.03 daycare licensing from administrative rules into statute," she said, and asked for the committee's due-pass recommendation.
Adam Jones of the Idaho Department of Health and Welfare told the committee the department had conferred with the sponsor and does not believe the measure conflicts with another child-care bill (House Bill 243) currently moving through the Legislature. Jones said the change is limited to the 19 listed sections and does not remove all 21 pages of daycare regulations: "It is exclusive to sections, the 19 that were listed that are listed on page 7 and 8 of the bill. So there are still probably dozens of pages of regulations." He also confirmed language in the bill that the department shall issue a basic license to an applicant within 60 days of receipt of a completed application, inspection certificates, and criminal-history checks — language Jones said was present in rule.
Committee discussion split along institutional lines. Senator Wintrow said she is "growing more and more concerned about all these rules being put into statute" because the rulemaking process allows public engagement and stakeholder negotiation. Senator Lenny said moving rules into statute ensures the Legislature retains oversight of rules that can be implemented temporarily without legislative input. Sponsor Zierfeld argued moving the provisions into statute may increase legislative accountability for long-standing provisions.
Senator Shippey moved and Senator Bjerke seconded that House Bill 312 be sent to the Senate floor with a due-pass recommendation. The committee approved the motion by voice vote; some members stated they may reserve their final floor vote pending further consideration.
