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JFAC approves study and draft‑legislation requirement for Licensing and Certification after objection to unanimous consent

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Summary

JFAC directed the Department of Health and Welfare and the Division of Occupational and Professional Licenses (DOPL) to collaborate on a report and to provide draft legislation by January describing how the Licensing and Certification program might be transferred, after members voted on language following an objection to unanimous consent.

The Joint Finance‑Appropriations Committee adopted legislative‑intent language that asks the Department of Health and Welfare to collaborate with the Division of Occupational and Professional Licenses (DOPL) and provide JFAC a report and draft legislation by January describing what a transfer of the Licensing and Certification program would look like.

Background and debate: Licensing and Certification historically used personnel transfers to fund contract nurses. For FY2025 the committee approved restrictive language limiting transfers of personnel costs to other expense classes; the language under consideration would create an exemption so the program can transfer personnel funds to operating when contract nurses are needed.

Senator Wintrow objected to a unanimous‑consent request to adopt the FY2026 language because she said she was uncomfortable with the strength of the directive. In her remarks she said she had intended to encourage the discussion but not to require drafting legislation: “I didn’t realize that language of shall draft legislation was incorporated,” she said, and added, “I don’t feel like I can support that so I guess I’ll have to object to the unanimous consent request.” The objection led the committee to take a roll‑call vote on a motion to accept the language; the motion carried on the roll call.

What the language requires - An exemption to the FY2025 transfer restriction for Licensing and Certification to permit transferring personnel costs to operating to pay for contract nurses as needed. - A joint Department of Health and Welfare and DOPL report to JFAC, with an accompanying draft of any recommended legislation, due in January (the motion specified a January deadline).

Roll call and outcome: After objection to unanimous consent, the committee voted on the motion to accept the language by roll call. The combined roll call result recorded 16 ayes, 2 nays and 2 absent; the motion passed and will carry a due‑pass recommendation.

Administrative limits and clarity: Analysts noted the language “does not facilitate that move” and instead asks agencies to study the logistics and return to JFAC with findings and draft legislative language. The committee’s action does not itself move the Licensing and Certification program; it creates a requirement to report options and potential draft statutory language.

Speakers: Ms. Williamson (Legislative Services analyst) explained the packet language and the two elements (transfer exemption and study/report). Senator Wintrow objected to unanimous consent on grounds that the language was stronger than she had expected. Representative Tanner moved the motion to adopt the language after the objection; Senator Cook seconded it. The roll call followed and the motion passed.

Next steps: The Department of Health and Welfare and DOPL must compile the study and draft legislation described in the committee motion and deliver it to JFAC as required. Any statutory changes would require future legislative action; the committee’s action only requires the agencies to report and propose draft language.