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Senate advances bill clarifying residency restriction near locally approved daycares
Summary
Sponsor Tammy Nichols told the committee SB1239 makes a technical correction to Idaho Code 18-8329 so locally zoned or approved daycares count the same as state-licensed daycares for the 500-foot residency restriction; the bill was sent to the Senate floor with a due-pass recommendation.
Senator Tammy Nichols, sponsor of Senate Bill 12 39, explained to the Judiciary & Rules Committee that the bill is a narrow technical clarification to Idaho Code 18-8329 concerning residency restrictions for registered offenders near facilities serving children.
Nichols said current law applies the 500-foot residency restriction to state-licensed daycares but that Idaho law allows some daycares to operate legally without state licensing if they are zoned, permitted or approved by a city or county. SB1239 would clarify that those locally permitted daycares are treated the same as licensed facilities under the residency restriction; Nichols emphasized the change is prospective and not retroactive.
Senator Wintrow asked whether the change could force existing residents to move if a new locally approved daycare opened nearby; Nichols replied the bill is not retroactive and would not require someone who already lived in a location to move. With no public testimony recorded, Senator Foreman moved to send SB12 39 to the floor with a due-pass recommendation; the motion was seconded and the committee approved it by voice vote.
