Senate committee advances bill moving foster-home licensing rules into statute, removes separate-location firearm-lock requirement

Boise — The Idaho Senate Health and Welfare Committee voted to send Senate Bill 1034 to the Senate floor with a “do pass” recommendation after considering proposed changes to foster-home licensing requirements, including removal of a prior requirement that firearms and ammunition be locked in separate locations.

The bill, presented by Senator Brandon Shippey, senator for District 9, would eliminate sections cited from the Administrative Procedures Act that previously governed foster care licensing and move those requirements into statute. Shippey said the change also removes a rule the sponsor and some foster parents viewed as a recruitment barrier and a potential infringement on firearm access for household adults.

"These were rules that we had already approved. We're just moving this section over into statute," Shippey said. "What we decided to do is completely remove the requirement that had previously been in there to require that foster care providers lock up guns and ammunition ... in 2 separate locations." He said the Department is planning to develop an educational video for foster-home orientation in lieu of the separate-location lock requirement.

Committee members debated safety and state responsibility. Senator Wintrow cited the National Violent Death Reporting System while arguing safe storage reduces unintentional firearm injuries among children, and said she would vote against the bill in committee. "If we wanna prevent accidental injuries and intentional injuries with firearms on kids, this is the number 1 way to do it. Safe storage," she said.

Several senators, including Senator Blaylock and Senator Berkey, said the bill does not dictate a specific locking device and noted the bill retains a broader requirement that hazardous materials and other items not be accessible to children; one senator suggested firearms fall under that existing language. Shippey said he supports recommending secure storage in appropriate situations and said he found the separate-location requirement unreasonable.

Senator Harris moved the committee report. The motion to send SB 1034 to the floor with a due-pass recommendation was seconded by Senator Blaylock and carried on a voice vote after discussion; Senator Wintrow announced she would register a "no" vote on the motion. A substitute motion from Senator Puntro to send the bill to the fourteenth order for possible amendments died for lack of a second.

The bill’s sponsor told the committee the statutory language otherwise preserves existing requirements for foster homes (toilets, sinks, hot water and other basic habitability items) and that Department rules and training will be used to provide gun-safety education in the future.

No members of the public testified on the bill at the committee hearing.

Votes at a glance Moved: Senator Harris; Second: Senator Blaylock. Outcome: Committee recommends SB 1034 be reported to the Senate floor with a due-pass recommendation. Senator Wintrow stated she would vote no in committee. (Final roll-call tally not recorded in the transcript.)

What the bill changes - Removes provisions from administrative rules (identified in committee as sections 230, 232 and 233 of the Administrative Procedures Act as cited during testimony) and places the licensing language in statute; - Removes a previously worded requirement that firearms and ammunition be locked in separate locations; - Leaves habitability requirements (toilet, sink, warm water) unchanged; sponsor and Department staff said an educational video on firearm safety will be developed for foster-parent orientation.

Committee next steps The committee voted the bill out with a due-pass recommendation to the Senate floor. Committee members discussed but did not adopt a written amendment during the hearing.

(Reporting note: The committee’s discussion and vote were recorded on the Health and Welfare Committee transcript. The transcript records a voice vote; only one named negative vote (Senator Wintrow) is explicitly stated in the record.)