2004 Regular Session
By: Representative Brown, Warren, Eaton, Flaggs, Gadd, Gibbs, Hamilton (109th), Holland, Middleton, Read, Stevens, Scott
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES, FOR THE FISCAL YEARS 2004 AND 2005.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Human Services for the fiscal year beginning July 1, 2004, and ending June 30, 2005........................ $ 74,510,786.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Human Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various divisions of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2004, and ending June 30, 2005
............................................ $ 376,826,506.00.
SECTION 3. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Department of Human Services that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.
SECTION 4. With the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:
Permanent: Full Time........... 2,816
Part Time........... 8
Time-Limited:Full Time........... 655
Part Time........... 3
Any person within the Office of Youth Services classified as Youth Services Counselor Aide I, Youth Services Counselor Aide II, Youth Services Counselor Aide III, Security Officer I, Security Officer II, Security Officer III, Recreation Supervisor, General Services Employee I, General Services Employee II, Youth Services Counselor I, Youth Services Counselor II, and Youth Services Counselor III, who must work on a statutory holiday or any holiday proclaimed by the Governor, may at the discretion of the superintendents of the institutions and the Executive Director of the Office of Youth Services and within available personnel funds, be paid "call back pay" in lieu of "compensatory time credit."
It is the intention of the Legislature that the Office of Youth Services shall have the authority to accept from any source including, but not limited to, proceeds from sale of vehicles, equipment or any other property which becomes obsolete or is no longer needed. It is the intent that such funds will be approved for allocation and expenditure in a manner consistent with the rules and regulations of the Department of Finance and Administration.
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
The agency shall not take any action to award salary increases through reallocation, reclassification, realignment, education benchmark or career ladder, except for the award of teacher pay increases.
SECTION 5. It is the intention of the Legislature that the Department of Human Services shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.
SECTION 6. Of the funds appropriated in Section 2, Two Million Eighty-six Thousand Six Hundred Eighty-three Dollars
($2,086,683.00) is provided for the support of a contract with the State Board of Community and Junior Colleges Industrial Training Program for the training of TANF clients.
These funds shall be transferred to the State Board of Community and Junior Colleges Industrial Training budget and shall be expended in accordance with Sections 37-31-103 through 37-31-111, Mississippi Code of 1972. Training will be conducted in the areas outlined in Section 37-31-103(2) for TANF recipients. The terms and provisions for program operation will be established through a nonfinancial agreement between the State Board of Community and Junior Colleges and the Mississippi Department of Human Services. This nonfinancial agreement will be initiated by the State Board of Community and Junior Colleges in accordance with current laws, rules and regulations as approved by the State Board of Community and Junior Colleges.
Identification, eligibility, certification, enrollment, follow-up, performance standards and sanction liabilities of the TANF clients will be the sole responsibility of the Department of Human Services.
SECTION 7. None of the funds appropriated under the provisions of Sections 1 and 2 shall be used to pay any contractor that is not a successful bidder for genetic paternity testing services bid by the Department of Human Services.
SECTION 8. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall be transferred to the Department of Health, Child Care Licensure Program from the Child Care Development Fund or other appropriate special fund. These funds are to be transferred to the Board of Health no later than July 31, 2004. The Department of Health shall make a complete accounting to the Department of Human Services detailing the uses of these funds in accordance with federal and state regulations.
SECTION 9. It is the intention of the Legislature that the Department of Human Services contract with the Department of Health to operate the School Nurse Teen Pregnancy Prevention Pilot Program as described in House Bill No. 766 of the 1997 Legislative Session, in compliance with all applicable TANF federal and state regulations.
SECTION 10. Of the funds appropriated in Section 2, Four Million Five Hundred Thousand Dollars ($4,500,000.00) of TANF (Temporary Assistance for Needy Families) federal funds shall be transferred to the Office of the Attorney General for the purpose of subgranting with entities which will develop and implement programs that serve unmet needs of "at risk" youth in the state, including, but not being limited to, Boys and Girls Clubs, Big Brothers Big Sisters of America, Communities in Schools, and the State Coalition of Young Men's Christian Association (YMCA). Of the funds authorized in this section, not more than Two Million Five Hundred Thousand Dollars ($2,500,000.00) shall be allocated among Boys and Girls Clubs, Big Brothers Big Sisters of America, and Communities in Schools, and not more than Two Million Dollars ($2,000,000.00) shall be allocated to the State Coalition of Young Men's Christian Association (YMCA). The Attorney General shall administer the transferred TANF funds.
SECTION 11. None of the above funds shall be used to hire employees under Personal Service Contracts except for Personal Service Contracts for the Office for Children and Youth - Child Care and Office for Children and Youth - Child Care Managers.
SECTION 12. From the funds provided herein, the department shall have the authority to adjust salaries of academic teachers and speech pathologists to be commensurate to the teacher's salary scale as provided in the Mississippi Teacher Opportunity Program for the 2004-2005 school year, as outlined in Section 37-19-7, Mississippi Code of 1972.
SECTION 13. Of the funds appropriated in Section 2, Three Million Five Hundred Thousand Dollars ($3,500,000.00) shall be derived from the Budget Contingency Fund, created in Section 27-103-301, Mississippi Code of 1972, for the purpose of matching federal Child Care Development Funds. Two Million Six Hundred Thousand Dollars ($2,600,000.00) shall be available to the Department from and after passage of this act and through June 30, 2005. The remaining Nine Hundred Thousand Dollars ($900,000.00) shall be available to the department on or after October 1, 2004, and shall be available through June 30, 2005.
SECTION 14. Of the funds appropriated under the provisions of Section 2, Eight Million Three Hundred Thousand Dollars ($8,300,000.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi Code of 1972, for the purpose of defraying the cost of operations of the Department of Human Services.
SECTION 15. The Department shall shift expenditures from the Temporary Assistance for Needy Families (TANF) portion of the Child Care Development Block Grant Funds (CCDF) to the CCDF matching grant portion for the continued funding of the Families First Resource Centers through the current federal fiscal year (September 30, 2004).
The department shall utilize TANF funds from the federal Fiscal Year 2005 allotment for the continued funding of the Families First Resource Centers through June 30, 2005.
SECTION 16. The department is authorized to escalate, budget and expend special and/or federal funds received from any source to carry out the duties of the department in an amount not to exceed Twenty Million Dollars ($20,000,000.00). Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.
SECTION 17. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 18. This act shall take effect and be in force from and after July 1, 2004, except for Section 13 which shall take effect and be in force from and after its passage.