JFAC approves licensing-and-certification transfer exemption and orders report on possible move to DOPL

The Joint Finance-Appropriations Committee approved language on Feb. 14 that (1) exempts the Department of Health and Welfare’s Licensing and Certification program from a restriction in the FY2025 maintenance bill that prohibited transfers of personnel funds to other expenditure classes and (2) requires the Department of Health and Welfare to work with the Division of Occupational and Professional Licenses (DOPL) and deliver a report to JFAC detailing what a transfer of the licensing-and-certification program to DOPL would look like, including draft legislation.

The language preserves the department’s ability to transfer personnel appropriations into operating to pay for contract nurses as historically practiced when personnel savings were used to supplement operating expenses. Committee members discussed the strength of the draft-legislation requirement; Senator Wintrow objected to unanimous consent in part because she raised concern about the phrasing that agencies “shall draft legislation.” The committee nonetheless adopted the language by recorded vote; the roll call recorded the committee combined total as 16 ayes, 2 nays, 2 absent/excused.

The motion carries a due-pass recommendation; the report and any subsequent statutory changes would be separate administrative or legislative actions beyond this committee’s appropriations vote.