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Sen. Shippey files RS 32137 to move child-support license-exemption rules into statute; committee sends to print
Summary
A proposed statutory change would move an existing administrative rule on 'good cause' exemptions for driver and occupational license suspensions in child-support enforcement into law and remove TANF as a listed exemption. The Senate Health and Welfare Committee voted to send the request to print.
Sen. Brandon Shippey introduced RS 32137 to the Senate Health and Welfare Committee, proposing to move section 302 of IDAPA 16.03.03 (Child Support Services) from administrative rule into statute and to codify the list of "good cause" exemptions that prevent suspension of a driver's or occupational license for failure to pay child support. "It is time to move these chapters into code and to return law making to the lawmakers," Shippey said during his presentation.
The bill as drafted would carry forward longstanding exemptions currently found in the administrative rule but removes eligibility tied to Temporary Assistance for Needy Families (TANF) as a permitted good-cause exemption. Shippey told the committee the department worked with him on the draft and that he would reserve detailed justification for the full hearing.
Committee members asked clarifying questions about the origin of the rules and the reason for the specific change. Senator Wintrow asked whether the provisions had been reviewed previously as rules; Shippey confirmed that the department had been involved in preparing the language and that the only substantive change in the RS was the elimination of TANF as an exemption.
The committee voted to send RS 32137 to print. The motion was made from the floor and recorded in the committee transcript as moved by Senator Zetterfeld and seconded by Senator Keiser; the committee chair called the voice vote and members responded "aye." The bill will proceed to a public hearing at a later date where the committee said it will take more detailed testimony and consider the change from administrative rule to statute.
Why it matters: moving long-standing administrative exemptions into statute changes which body — the department or the Legislature — controls the rule's future revisions and could make subsequent changes subject to statutory amendment rather than rulemaking. The draft retained most existing language but explicitly removed TANF as a statutory exemption; Senator Shippey said he would present fuller rationale at the printed bill hearing.
Next steps: RS 32137 was ordered printed for introduction; the committee will set a public hearing. No further committee action on the substance was taken at this meeting.
