House Bill 312 — New mandates and restrictions on daycare facilities

Parrish Miller 2020 House bill ratings Leave a Comment

Bill description: HB 312 imposes a number of new mandates and restrictions on daycare facilities, their operators, and their employees

Rating: -7

Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

HB 312 mandates that a person who wishes to operate a day care facility must submit a document known as a “disaster and emergency plan” to the Department of Health and Welfare. This plan must include “evacuation, relocation, shelter-in-place, and lockdown procedures” and include procedures for “emergency preparedness training and practice drills.”

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HB 312 imposes an “annual unannounced health inspection” on daycare facilities.

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HB 312 requires that infants up to twelve (12) months of age be placed in a safe sleep environment “consistent with recommendations by the American academy of pediatrics.” This language potentially forces daycares to violate the wishes of parents regarding sleeping standards, and it incorporates a changeable standard from an industry grade group into Idaho law, removing oversight from the Idaho Legislature.

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Does it increase barriers to entry into the market? Examples include occupational licensure, the minimum wage, and restrictions on home businesses. Conversely, does it remove barriers to entry into the market?

HB 312 expands the number of day care employees who are required to be certified in pediatric rescue breathing and first aid treatment from “at least one” employee who is on the premises when children are present to all employees. No grandfather provision exists to prevent current day care workers from losing their jobs because they lack this certification. 

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HB 312 triples the annual number of hours of continuing education (from 4 to 12) required by all employees of a day care center.

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Does it violate the principles of federalism by increasing federal authority, yielding to federal blandishments, or incorporating changeable federal laws into Idaho statutes or rules? Examples include citing federal code without noting as it is written on a certain date, using state resources to enforce federal law, and refusing to support and uphold the Tenth Amendment. Conversely, does it restore or uphold the principles of federalism?

HB 312 says that criminal history checks for owners, operators, and employees of day care centers “must be completed according to 45 CFR 98.43,” which is a federal law over which the Idaho Legislature has no oversight. RS27245 also states that a license may be denied, suspended, or revoked by the Department of Health and Welfare if the department finds that the applicant or licensee does not comply with the provisions of 45 CFR 98.43.

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HB 312 requires that the Department of Health and Welfare make available a hotline or similar reporting process “per 45 CFR 98.32. and 98.33” to give people access to information regarding parental complaints and consumer education topics. This is an incorporation of federal law over which the Idaho Legislature has no oversight.

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