JFAC approves transfer exemption for licensing and orders report on possible move to DOPL after objection

The Joint Finance-Appropriations Committee on Feb. 14 approved language that exempts the Department of Health and Welfare—s licensing and certification program from a personnel-to-operating transfer restriction so the program can use personnel savings to pay contract nurses, and directed the department to work with the Division of Occupational and Professional Licenses to produce a report and draft legislation exploring a transfer of the program.

The move drew an objection during a unanimous-consent request because of a clause that says the departments "shall draft legislation." Senator Maryanne Wintrow said she could not support that phrasing and objected, but the committee later approved the language by a recorded vote.

The language approved includes: a narrow exemption for FY2025 and FY2026 that allows transfers from personnel to operating when necessary to pay contract nurses; a requirement that the Department of Health and Welfare consult with DOPL to develop a draft legislative approach and submit a report to JFAC by January (the next calendar year); and clear intent language tying the appropriation to following those conditions.

Miss Williamson, a legislative budget analyst, told the committee the FY2025 request lacked a dollar enhancement and instead sought the transfer exemption specifically so licensing and certification could use unused personnel funds to pay contract nurses when needed. She said the second provision asks the department and DOPL to work through logistics and deliver a report; it does not itself move the program.

Senator Wintrow said she supported discussion of a transfer but objected to the mandatory drafting language. "I don't feel like I can support that so I guess I'll have to object to the unanimous consent request — I didn't realize that language of 'shall draft legislation' was incorporated," she said during consideration. After the objection, Representative Tanner moved to accept the language as shown on the screen; Senator Cook seconded the motion.

On a roll call, the committee approved the motion 16 ayes, 2 nays, 2 absent/excused. The committee recorded both chambers' votes and the motion carried a due-pass recommendation.

The measure creates a reporting requirement but does not itself reassign the licensing and certification program. If the departments produce draft legislation, any actual transfer would require separate legislation and a future vote of the Legislature.

Details recorded in the committee minutes tie the vote to the language in the JFAC packet; committee staff noted the provision is intended to allow temporary use of personnel savings for contract nurses and to provide JFAC a planning report if the departments determine a transfer is feasible.