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JFAC orders Licensing & Certification report and draft legislation language after objection; exempts transfers for contract nurses
Summary
Boise — JFAC approved language allowing Licensing & Certification to transfer personnel funds to operating to pay contract nurses for FY2025 and required a report to JFAC, after objections to phrasing that would require draft legislation.
Boise — The Joint Finance-Appropriations Committee on Feb. 14 approved intent language exempting the Department of Health and Welfare’s Licensing & Certification program from a statutory restriction on transferring personnel funds to operating costs for fiscal year 2025 and required a joint report with the Division of Occupational and Professional Licenses (DOPL) about a potential administrative transfer.
The committee’s language permits Licensing & Certification to shift personnel dollars to operating where necessary to pay contract nurses — a historic practice the department says it has used when personnel vacancies prevented staff nurses from filling shifts.
Why this matters: Licensing & Certification oversees staffing, inspections and certification that affect long-term care facilities and other regulated providers. The language directs the department to work with DOPL on the logistics of a possible program move and to provide a written report and draft legislation to JFAC by January. That requirement drew objection during a unanimous-consent request because at least one lawmaker objected to the directive phrased as “shall draft legislation.”
What members said: Senator Wintrow objected during the unanimous-consent request and asked for further clarification; she said she was concerned about the strength of the “shall draft legislation” phrasing and stated she could not support the unanimous-consent request on that basis. Representative Tanner moved the language and Senator Cook seconded the motion; after a recorded vote the motion passed 16–2 with two absences.
Committee direction: The motion does not itself move Licensing & Certification out of the Department of Health & Welfare; it requires the department and DOPL to evaluate the transition, outline statutory changes that might be needed and report back to the committee. The committee tied the appropriation to adherence to that intent language.
Process note: Because unanimous consent was objected to, members recorded their positions. The committee recorded 16 ayes, 2 nays and 2 absences on the language. The committee’s staff advised the members that the report should include draft legislation options should the agencies recommend statutory changes.
