JFAC directs DHW and DOPL to study licensing transfer and to draft potential legislation; language passes after objection

BOISE — The Joint Finance-Appropriations Committee on Friday adopted language asking the Department of Health and Welfare (DHW) to work with the Division of Occupational and Professional Licenses (DOPL) to study and report on a potential transfer of the licensing and certification program and to provide draft legislative language if needed.

The committee approved an FY2025 transfer exemption for licensing and certification by unanimous consent. When the committee considered FY2026 language that included a requirement that DHW and DOPL "shall draft legislation" as part of the report, Senator Wintrow and others raised concerns and a roll-call vote was requested. Representative Tanner moved to accept the language as shown on the screen; Senator Cook seconded the motion. The FY2026 motion passed on a roll call with the Senate 8 ayes, 2 nays and the House 8 ayes, 0 nays, 2 absent; the combined tally recorded as 16 ayes, 2 nays, 2 absent/excused.

What the language does

- Exempts the licensing and certification program from the FY2025/26 statutory restriction that otherwise prevents agencies from transferring personnel-appropriation dollars to operating expenditures; the exemption is intended to allow DHW to use personnel savings to pay contract nurses when needed.

- Requires DHW to coordinate with DOPL to produce a report to JFAC by January outlining what a transfer of the licensing and certification program from DHW to another administrative home (DOPL) would look like, what logistics and draft legislation might be required, and other implementation considerations. The FY2026 version of the adopted language uses mandatory phrasing about drafting legislation.

Discussion and objections

Senator Wintrow said she was concerned about the mandatory language to "shall draft legislation," noting she had supported encouraging the agencies to discuss a transfer and perhaps report back but had not expected a requirement to draft legislation. After debate, the unanimous-consent request for the FY2026 language failed because at least one member objected; the language was then adopted by motion and roll-call vote.

Why it matters

The directive does not itself change law or move the licensing program; rather, it requires agencies to study options and produce a written report and potential draft legislation for JFAC consideration. That report — with any draft legislative language — will be the committee's basis for deciding whether to pursue statutory changes in a future session. The motion's passage reflects committee interest in exploring administrative restructuring for licensing and certification, but the recorded nays reflect reservations among some members about the strength of the directive.

Next steps

Per the motion, DHW and DOPL must prepare a report and any draft legislation described in the language and submit it to JFAC by the January deadline specified in the packet. Any legislative changes would require separate bills and votes in future committee hearings and on the floor.

Ending

The committee adopted the transfer-exemption language for FY2025 by unanimous consent and approved the FY2026 reporting and draft-legislation requirement by roll-call after objection.