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JFAC orders report and draft legislation on licensing and certification transfer; members debate "shall draft legislation" language
Summary
The committee approved intent language directing the Department of Health and Welfare to work with the Division of Occupational and Professional Licenses on a report and draft legislation to explore moving the Licensing & Certification program; Senator Wintrow objected to the mandatory drafting language and the measure passed with some dissent.
The Joint Finance‑Appropriations Committee approved language asking the Department of Health and Welfare to work with the Division of Occupational and Professional Licenses (DOPL) to prepare a report and draft legislation about transferring the Licensing & Certification program out of the Department of Health and Welfare and into DOPL.
The language does not itself move the program. Instead, it requires the department and DOPL to analyze logistics and, if appropriate, prepare draft legislation describing how a transfer would work and what statutory changes might be required. "This language does not facilitate that move. It just asks the department to work with DOPL on coming up with a report for JFAC by next January on what that might look like," a staff member explained during the discussion.
Why it matters: Licensing & Certification oversees provider licensing and the certification processes for care providers; the program historically used unused personnel dollars to hire contract nurses. Committee members said the report will clarify whether the program’s administrative home or resourcing should change and how to handle personnel and operating transfers.
What the language does - Exempts the Licensing & Certification budget from a restriction in the FY2025 appropriation that prevents transfers from personnel to other expense classes, allowing the program to move personnel‑class money into operating to pay contract nurses when needed. (No dollar amount was attached to the request.) - Directs the Department of Health and Welfare to work with DOPL on a report for JFAC by next January and to draft potential legislation that would describe the mechanics of moving the program, if appropriate.
Debate and vote Senator Wintrow objected to the clause that requires agencies to "shall draft legislation," saying she was uncomfortable making drafting mandatory if the review concluded that a statutory change was not appropriate. "I didn't realize that language of shall draft legislation was incorporated," she said when registering her objection. Because the unanimous‑consent request was objected to, the committee proceeded to a roll‑call motion and the measure passed with recorded opposition.
Vote tally (motion to accept language as shown on screen): Senate 8 ayes, 2 nays; House 8 ayes, 0 nays, 2 absent/excused — combined total 16 ayes, 2 nays, 2 absent/excused.
Context and next steps Committee members said the directive is intended to produce an analysis that will help the committee and the Legislature decide whether a move of the program is justified. The staff member who described the items emphasized the language is preparatory: the report and any draft legislation would come back to JFAC for review and would still require normal legislative votes to take effect.
No dollar amounts or personnel changes were enacted by this language; it is a direction to study and report findings. If draft legislation results from the work, that would be a separate bill subject to full committee and floor consideration.
