Moscow council repeals local daycare licensing after state law preemption

The Moscow City Council voted 4-2 on May 5 to repeal the city’s daycare licensing ordinance (Moscow City Code Title 9, Chapter 10) to comply with recent state legislation that removes municipal authority to license day care facilities.

City staff told the council the legislature enacted House Bill 243 (and related amendments) this session; the bills remove local authority for daycare licensure and update statewide standards with an effective date of July 1, 2025. Staff recommended repealing the local ordinance so the municipal code would not conflict with the new state law.

For more than 30 years the city’s ordinance required annual facility licenses, annual inspections, 12 hours of annual training for employees, infant CPR and first aid certification for all staff and more restrictive criminal-background standards than those in the new state rules. Under the city code’s point system, for example, the infant (0–1) ratio differed from the new state ratios: city rules required one staff member per fewer infants than the state will allow under House Bill 243. The state’s amended ratios and changes to background-check frequency and license duration were described by staff during the meeting.

Councilors and several who participated in the discussion criticized the state action. Several said city standards were created following extended local stakeholder engagement and that the state changes reduced protections for the most vulnerable children. Others, including city staff, said leaving conflicting or unenforceable code on the books would confuse the public and create legal risk for the city because state law preempts conflicting municipal ordinances.

City staff said current facility licenses would be honored through the city’s licensing cycle and that the city planned to transition provider licensing to the state beginning June 1 to allow time for the state background-check process. Staff added that the state agency indicated it would reissue facility licenses automatically and at no fee during the transition.

Votes and next steps - Motion: repeal Moscow City Code Title 9, Chapter 10, daycare ordinance, under suspension of the rules (three readings). Tally: 4 ayes, 2 nays. Outcome: approved. The ordinance was numbered 2025-4 and will be effective July 1, 2025. - Staff direction: begin transition for provider background checks and licensing so providers can apply to the state; staff to coordinate timing to avoid gaps in licensing coverage.

Why it matters The city’s code had some stricter elements than the new state rules: more frequent background checks for employees, higher training requirements and a more restrictive list of permanently or temporarily disqualifying offenses. Repeal removes local licensure authority and leaves those matters to the state, though staff and councilors encouraged providers to continue to apply best-practice ratios voluntarily.

What the council did not change Staff and several councilors noted the state code does not prohibit providers from choosing to maintain stricter staff-to-child ratios or more frequent training; repeal means the city cannot legally require those stricter standards going forward.

Councilors expressed frustration about the loss of local control and urged constituents to raise the issue with state legislators if they want different rules.