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JFAC approves transfer exemption for Licensing and Certification; some members object to 'shall draft legislation' language
Summary
The committee approved language allowing the Department of Health and Welfare’s Licensing and Certification program to transfer personnel funds to operating for contract nurses and directed the department to report on a potential move to DOPL; Senator Wintrow objected to language that would require drafting legislation.
The Joint Finance‑Appropriations Committee approved intent language that exempts the Department of Health and Welfare’s Licensing and Certification program from personnel‑to‑operating transfer restrictions and directed the department to work with the Division of Occupational and Professional Licenses (DOPL) to report on a possible administrative transfer — language that drew an objection over a clause requiring the parties “shall draft legislation.”
Ms. Williamson, a budget analyst with the Legislative Services Office, explained the exemption would allow Licensing and Certification to transfer personnel funds into operating to pay contract nurses as needed, a practice used historically before a restriction in the FY2025 bill. For FY2025 the committee granted unanimous consent to accept the exemption language. For FY2026 the committee considered similar language plus a reporting requirement asking Health and Welfare and DOPL to prepare materials and draft legislation as part of a report to JFAC.
Senator Melissa Wintrow objected to the stronger drafting language. Wintrow said, "I don't feel like I can support that so I guess I'll have to object to the unanimous consent request ... I didn't realize that language of shall draft legislation was incorporated." The objection prevented unanimous consent; the committee then voted on a motion to accept the language. Representative Tanner moved acceptance; Senator Cook seconded. The motion passed on a recorded vote (16 ayes, 2 nays, 2 absent and excused).
The approved language does not itself move the Licensing and Certification program; it requires the Department of Health and Welfare to work with DOPL and to report back to JFAC with a draft plan and potential draft legislation by the date specified in the committee language. Committee members debated the scope of the directive and the difference between encouraging a study and directing legislation to be drafted. The motion record shows the committee chose to approve the report requirement despite objections.
The matter will return to committee if the department or the legislature pursues any statutory change based on the forthcoming report. No bills or statutes were altered by the vote; the committee recorded the language change and the required reporting.
