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Committee approves transfer-exemption language and orders study of moving licensing and certification to DOPL; some members object to drafting mandate
Summary
JFAC approved language to exempt the Department of Health and Welfare’s Licensing and Certification program from a personnel-to-operating transfer restriction and ordered a collaboration with DOPL to draft and report possible legislation on moving the program.
The Joint Finance-Appropriations Committee on Feb. 14 approved language that exempts the Department of Health and Welfare's Licensing and Certification program from a statutory restriction on transferring personnel funds to operating for FY2025 and FY2026 and directed the department to work with the Division of Occupational and Professional Licenses (DOPL) to draft legislation and report back to JFAC on a possible program transfer.
Ms. Williamson, a Legislative Services staff member, told the committee the requested language would allow Licensing and Certification to use personnel funds to pay contract nurses when needed—reversing a restriction added last year that prevents transfers of personnel costs to other expense classes.
Senator Cook moved unanimous consent to adopt the language; no objections were raised for the FY2025 exemption. For fiscal 2026 the packet also contained language requiring the Department of Health and Welfare to work with DOPL on "what it might look like" to move the licensing and certification program and to produce a written report and draft legislation for JFAC by January. Senator Wintrow objected to the phrase "shall draft legislation," saying she was comfortable with a study and report but not a mandatory drafting requirement. The committee proceeded to a vote after Representative Tanner moved to adopt the language; the motion passed on roll call (Senate 8–2 Nay reported in parts of the transcript; the combined committee total recorded in the transcript was 16 ayes, 2 nays, 2 absent/ excused).
What the language does and does not do - It does not itself move the licensing and certification program between departments. It requires the Department of Health and Welfare and DOPL to collaborate on a draft legislative approach and report findings to JFAC. - It exempts Licensing and Certification from the FY2025–FY2026 restriction on transfers of personnel costs to operating expenditures so the program can continue paying contract nurses from personnel-authorized funds as needed.
Why some members objected Senator Wintrow said she supported encouraging a discussion and a report but objected to mandatory "shall draft legislation" language. The transcript records her objection during the unanimous consent request for the FY2026 language; after that objection the committee voted and approved the language without unanimous consent.
Timing and reporting The committee’s language requires the department to provide a report and draft legislation to JFAC; the packet and screen language specify a January report timeline for committee consideration in the next budget cycle.
Speakers on the record about this item included Ms. Williamson, Senator Cook (who moved unanimous consent earlier for FY2025 language), Senator Wintrow (who objected to mandatory drafting language), and Representative Tanner (who moved the FY2026 language).
