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JFAC directs Health and Welfare, DOPL to draft potential legislation and report on Licensing & Certification transfer; some members object
Summary
The committee approved language exempting Licensing & Certification from personnel‑to‑operating transfer restrictions and directed the Department of Health and Welfare to work with the Division of Occupational and Professional Licenses to draft possible legislation and report to JFAC by January. Senator Wintrow objected to mandatory 'shall draft'
The Joint Finance‑Appropriations Committee approved intent language that exempts the Department of Health and Welfare’s Licensing & Certification program from a restriction on transferring personnel funds to operating expenditures and directed the department to work with the Division of Occupational and Professional Licenses (DOPL) on a report and potential draft legislation.
The exemption addresses a recurring practice in Licensing & Certification of using unused personnel funds to contract nurses paid from operating expenditures. The motion covers both fiscal year 2025 and fiscal year 2026 and includes a report requirement: the Department of Health and Welfare is to collaborate with DOPL and provide a report to JFAC (including draft legislation if appropriate) by January of the next session.
Senator Wintrow voiced concern about the wording that requires drafting legislation, saying she was uncomfortable with mandatory language that might commit the committee to a statutory change. “I thought the discussion of the group was we would encourage that discussion to happen, maybe they'll report back to us, but I'm a little concerned about the language of shall draft legislation,” Wintrow said. After objections were voiced, Representative Tanner moved to adopt the language as shown and Senator Cook seconded the motion. The measure carried with a recorded vote of 16 ayes, 2 nays and 2 absent/excused.
Committee staff emphasized the vote does not itself transfer Licensing & Certification to DOPL; it only requires the two agencies to study logistics and produce a report and possible draft legislation. The language also clarified conditions and limitations tying appropriations for Licensing & Certification to adherence to the intent language.
The committee recorded the vote totals after roll call and accepted the language; members who opposed the wording cited concerns about making a statutory drafting requirement mandatory rather than advisory.
