MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Representatives Warren, Scott, Coleman (65th), Dedeaux, Eaton, Flaggs, Hamilton (109th), Hines, Holland, Malone, Middleton, Read, Reynolds, Stevens
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2011.
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, 2010, and ending June 30, 2011.... $ 114,314,991.00.
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, 2010, and ending June 30, 2011.........................................
.......................................... $ 724,111,995.00.
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. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
DIVISION OF YOUTH SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 14,592,349.00
Travel and Subsistence............ 91,534.00
Contractual Services................... 1,937,597.00
Commodities............................ 774,856.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 35,170.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 5,964,654.00
Total............................ $ 23,396,160.00
FUNDING:
General Funds......................... $ 11,335,933.00
Special Funds.......................... 12,060,227.00
Total............................ $ 23,396,160.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 346
Part Time............ 3
Time-Limited: Full Time............ 47
Part Time............ 0
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.
DIVISION OF FAMILY AND CHILDREN'S SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 46,700,316.00
Travel and Subsistence............ 6,024,712.00
Contractual Services................... 18,119,735.00
Commodities............................ 877,003.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 1,511,222.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 84,729,908.00
Total............................ $ 157,962,896.00
FUNDING:
General Funds......................... $ 47,435,510.00
Special Funds.......................... 110,527,386.00
Total............................ $ 157,962,896.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 938
Part Time............ 0
Time-Limited: Full Time............ 266
Part Time............ 0
DIVISION OF AGING AND ADULT SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 1,280,859.00
Travel and Subsistence............ 45,611.00
Contractual Services................... 250,896.00
Commodities............................ 38,200.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 4,340.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 18,501,870.00
Total............................ $ 20,121,776.00
FUNDING:
General Funds......................... $ 1,194,686.00
Special Funds.......................... 18,927,090.00
Total............................ $ 20,121,776.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 20
Part Time............ 0
Time-Limited: Full Time............ 8
Part Time............ 0
DIVISION OF ECONOMIC ASSISTANCE/TEMPORARY ASSISTANCE
FOR NEEDY FAMILIES (TANF)
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 43,701,971.00
Travel and Subsistence............ 447,711.00
Contractual Services................... 20,008,243.00
Commodities............................ 659,374.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 386,516.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 408,499,838.00
Total............................ $ 473,703,653.00
FUNDING:
General Funds......................... $ 37,212,444.00
Special Funds.......................... 436,491,209.00
Total............................ $ 473,703,653.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 978
Part Time............ 0
Time-Limited: Full Time............ 148
Part Time............ 0
DIVISION OF CHILD SUPPORT ENFORCEMENT
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 19,697,868.00
Travel and Subsistence............ 331,625.00
Contractual Services................... 6,248,707.00
Commodities............................ 269,450.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 88,700.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 9,481,199.00
Total............................ $ 36,117,549.00
FUNDING:
General Funds......................... $ 5,463,705.00
Special Funds.......................... 30,653,844.00
Total............................ $ 36,117,549.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 268
Part Time............ 0
Time-Limited: Full Time............ 210
Part Time............ 0
DIVISION OF COMMUNITY SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 909,278.00
Travel and Subsistence............ 29,303.00
Contractual Services................... 294,123.00
Commodities............................ 77,425.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 8,000.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 27,195,000.00
Total............................ $ 28,513,129.00
FUNDING:
General Funds......................... $ 0.00
Special Funds.......................... 28,513,129.00
Total............................ $ 28,513,129.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 6
Part Time............ 0
Time-Limited: Full Time............ 13
Part Time............ 0
DIVISION OF SUPPORT SERVICES
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 9,858,956.00
Travel and Subsistence............ 46,525.00
Contractual Services................... 1,992,875.00
Commodities............................ 97,307.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 91,136.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 64,400.00
Total............................ $ 12,151,199.00
FUNDING:
General Funds......................... $ 3,482,215.00
Special Funds.......................... 8,668,984.00
Total............................ $ 12,151,199.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 169
Part Time............ 0
Time-Limited: Full Time............ 23
Part Time............ 0
SOCIAL SERVICES BLOCK GRANT PROGRAM
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 220,977.00
Travel and Subsistence............ 4,000.00
Contractual Services................... 79,793.00
Commodities............................ 2,800.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 3,690.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 5,508,000.00
Total............................ $ 5,819,260.00
FUNDING:
General Funds......................... $ 0.00
Special Funds.......................... 5,819,260.00
Total............................ $ 5,819,260.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 1
Part Time............ 0
Time-Limited: Full Time............ 3
Part Time............ 0
OFFICE FOR CHILDREN AND YOUTH
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits............... $ 704,980.00
Travel and Subsistence............ 12,421.00
Contractual Services................... 858,152.00
Commodities............................ 33,500.00
Capital Outlay:
Other Than Equipment.............. 0.00
Equipment......................... 29,450.00
Vehicles.......................... 0.00
Wireless Communication Devices.... 0.00
Subsidies, Loans and Grants............ 79,002,861.00
Total............................ $ 80,641,364.00
FUNDING:
General Funds......................... $ 8,190,498.00
Special Funds.......................... 72,450,866.00
Total............................ $ 80,641,364.00
AUTHORIZED POSITIONS:
Permanent: Full Time............ 9
Part Time............ 0
Time-Limited: Full Time............ 4
Part Time............ 0
All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.
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.
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 2010. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2012 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 2011 budget request process.
SECTION 6. 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 7. 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, 2010. 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 8. 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 Section 41-79-5(5), Mississippi Code of 1972, in compliance with all applicable TANF federal and state regulations.
SECTION 9. 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 or any other available funds shall be subgranted to 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; not more than Two Million Dollars ($2,000,000.00) shall be allocated to the State Coalition of Young Men's Christian Association (YMCA).
SECTION 10. 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 11. 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, 2010).
The department shall utilize TANF funds from the federal Fiscal Year 2011 allotment for the continued funding of the Families First Resource Centers through June 30, 2011.
SECTION 12. 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 13. It is the intention of the Legislature that the Executive Director of the Department of Human Services may authorize increases in major objects of expenditure in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 14. It is the intention of the Legislature that the Executive Director of the Department of Human Services may transfer between the various offices authorized herein General Funds, Special Funds and spending authority not to exceed twenty-five percent (25%) of the receiving office in addition to any other transfers or escalations made in accordance with Section 27-104-17(3), Mississippi Code of 1972. However, the budget category of "Salaries, Wages and Fringe Benefits" shall not be changed.
The Executive Director of the Department of Human Services shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various offices as set forth in the original appropriations made under this act.
SECTION 15. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 16. The Department of Human Services is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.
SECTION 17. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 18. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2011
Performance Measures Target
Youth Services
Community Services (Children Served) 12,000
Institutional Component (Children Served) 700
Number of Volunteers - Community Services 125
Children Placed in Alternative Placement 250
Children Diverted from Institutional Care (%) 60.00
Child Support Enforcement
Number of Paternities Established 37,466
Number of Obligations Established 20,573
Total Collections ($) 303,897,845.00
Absent Parents Located (Individuals) 52,000
Family & Children's Services
Children in Agency Custody 3,400
Abuse & Neglect Investigations 22,500
Family Preservation - Child (Families) 441
Number of Licensed Foster Homes 2,075
Number of Finalized Adoptions 324
Support Services
Investigative Audits (Actions) 60
Special Investigations 65
Fraud Investigations (Actions) 1,200
Administrative Hearings 2,500
Subgrant Monitoring Visits 400
Community Services
Elderly Served by CSGB & LIHEAP 89,370
Number of Handicapped Served 62,362
Number of Household Achieving Self-Sufficient 1,855
Households Stabilized 27,682
Number of Households Weatherized 2,925
Children & Youth
Children & Youth Served (CCDGB) 47,733
Social Services Block Grant
Clients Served, Family & Child Services Div 46,862
Clients Served, Youth Services Div 13,695
Clients Served, Mental Health Dept 2,470
Clients Served, Aging & Adult Services Div 15,020
Aging & Adult Services
In-home Services (Persons) 17,391
Community Based Services (Persons) 15,118
Congregate Meals (Number of Meals) 460,948
Home-delivered Meals (Meals Delivered) 2,238,296
Assistance Payments
Dollar Amount of Assistance 1,550,000
Food Assistance
Average Monthly Households 225,000
Dollar Value of Food Stamps Issued 792,000,000
TANF Work Program
TANF/Medicaid Households per Month 11,300
Work Program (Persons Served) 2,950
TANF Participation Rate (%) 50.00
Persons Employed 1,250
SECTION 19. In accordance with Section 43-15-17(3), Mississippi Code of 1972, of the funds provided in Sections 1 and 2, an amount not to exceed Six Million Two Hundred Fifty Thousand Three Hundred Forty-three Dollars ($6,250,343.00) is provided for Kinship Care payments. This is necessary by law to allow "kinship payments" which was funded as part of the Olivia Y. lawsuit settlement in the Foster Care Program.
SECTION 20. It is the intent of the Legislature that the Department of Human Services, Division of Child Support Enforcement, make a concentrated effort to increase collections of past due Child Support payments. On or before January 1, 2011, the Executive Director of the Department of Human Services shall submit a report to the Legislative Budget Office detailing year-to-date performance measures in the Child Support Enforcement Program compared with the prior year.
SECTION 21. It is the intention of the Legislature that the Department of Human Services shall have the authority to spend such additional funds as it shall receive from the federal government in incentives or the federal match on those incentives for the purpose of child support enforcement.
SECTION 22. Of the funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be transferred to the Juvenile Facility Monitoring Unit at the Department of Public Safety no later than July 31, 2010.
SECTION 23. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
SECTION 24. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
SECTION 25. It is the intention of the Legislature that this agency shall have the authority to receive, budget and expend funds from any source that may become available to them as a result of the passage of the American Recovery and Reinvestment Act of 2009 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
The Executive Director of the Department of Finance and Administration shall have the authority to approve escalations of funds and employee positions using funds from any source available due to the passage of the American Recovery and Reinvestment Act of 2009.
The Executive Director of the Department of Finance and Administration shall immediately send notice of the approval of such budget escalation to the House of Representatives Appropriations Committee, the Senate Appropriations Committee and the Legislative Budget Office. Within fifteen (15) days of such approval, the Executive Director of the Department of Finance and Administration shall ensure that the Legislative Budget Office receives detailed and accurate information about the amount and use of federal and special source funds by state agencies as a result of the passage of the American Recovery and Reinvestment Act of 2009.
SECTION 26. No former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency’s proper governing board or authority. Upon approval of such contracts, a written report shall be submitted detailing the cost and need of such contract services to the Chairmen and members of the Senate and House Appropriations Committees.
SECTION 27. Of the funds appropriated under the provisions of Section 2, Two Million Two Hundred Thirty-four Thousand Dollars ($2,234,000.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972.
SECTION 28. 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 29. This act shall take effect and be in force from and after July 1, 2010.