MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Accountability, Efficiency, Transparency
By: Representatives Felsher, Ford (54th)
AN ACT TO CREATE THE CREATING LOGIC FOR EFFICIENCY AND ACCOUNTABILITY REFORM (CLEAR) ACT; TO CREATE NEW SECTION 5-3-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PEER COMMITTEE TO ESTABLISH A PROGRAM OF REVIEWING SELECTED NEWLY ADOPTED STATE AGENCY ADMINISTRATIVE RULES; TO PROVIDE THAT SUCH REVIEWS SHALL PRODUCE A REPORT TO THE LEGISLATURE ON NEWLY ADOPTED STATE AGENCY ADMINISTRATIVE RULES AND THEIR CONFORMITY TO THE INTENT OF THE LAW AUTHORIZING THEM, AS WELL AS ANY OTHER MATTER THE COMMITTEE CONSIDERS APPROPRIATE; TO AMEND SECTION 47-5-579, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ALL PROGRAM WITHHOLDINGS FROM PARTICIPANTS OF THE PRISON INDUSTRIES CORPORATION'S WORK INITIATIVE PROGRAM SHALL BE CALCULATED BASED UPON PARTICIPANT WAGES AFTER MANDATORY DEDUCTIONS; TO REQUIRE ACCOUNTING OF ANY DEPENDENT SUPPORT PAYMENTS, FINES, RESTITUTIONS, FEES OR COSTS, AS ORDERED BY THE COURT, BE REPORTED FOR EACH WORK INITIATIVE PARTICIPANT; TO REQUIRE THAT THE REMAINING SENTENCE LENGTH OF SUCH PARTICIPANT BE COLLECTED, MAINTAINED AND REPORTED; AND TO REQUIRE THAT A FINANCIAL ACCOUNT CREATION DATE BE COLLECTED, MAINTAINED AND REPORTED FOR EACH PARTICIPANT; TO AMEND SECTION 1, CHAPTER 431, LAWS OF 2024, TO EXTEND THE OPERATION OF THE MISSISSIPPI K-12 AND POSTSECONDARY MENTAL HEALTH TASK FORCE FOR ONE ADDITIONAL YEAR; TO PROVIDE THAT THE TASK FORCE SHALL DEVELOP AND REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE MISSISSIPPI LEGISLATURE ON OR BEFORE OCTOBER 1, 2025; TO DISSOLVE THE TASK FORCE UPON PRESENTATION OF THE REPORT DUE ON OR BEFORE OCTOBER 1, 2025; TO ENACT THE "MISSISSIPPI K-12 AND POSTSECONDARY MENTAL HEALTH ACT OF 2025"; TO ESTABLISH AN EXECUTIVE COMMITTEE OF THE INTERAGENCY COORDINATING COUNCIL FOR CHILDREN AND YOUTH (ICCCY); TO PROVIDE FOR THE COMPOSITION OF THE EXECUTIVE COMMITTEE; TO SPECIFY THE EXECUTIVE COMMITTEE'S COORDINATING RESPONSIBILITIES RELATED TO THE GENERAL MENTAL HEALTH AND WELL-BEING OF CHILDREN AND ADOLESCENTS; TO PROVIDE FOR THE DISSEMINATION OF RECOMMENDATIONS AND INFORMATION COMPILED BY THE EXECUTIVE COMMITTEE; TO AMEND SECTION 43-13-1, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 43-14-3 AND 43-14-5, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO CREATE SECTION 5-3-70, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CIVIL ENFORCEMENT OF PEER COMMITTEE SUBPOENAS; TO AMEND SECTION 5-3-59, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR PERSONS WHO FAIL TO COMPLY WITH SUBPOENAS FROM THE PEER COMMITTEE; TO AMEND SECTIONS 5-1-23 AND 5-1-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THESE PROVISIONS ARE NOT APPLICABLE TO SUBPOENAS ISSUED BY THE PEER COMMITTEE; TO AMEND SECTION 5-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SERGEANT-AT-ARMS OF THE MISSISSIPPI STATE SENATE SHALL DELIVER TO DPS THE REQUEST TO SERVE SUBPOENAS ISSUED BY THE PEER COMMITTEE; TO AMEND SECTION 29-13-1, MISSISSIPPI CODE OF 1972, TO ALLOW FOR THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO ESTABLISH A SELF-INSURANCE FUND OR SELF-INSURANCE RESERVES, OR ANY COMBINATION THEREOF, TO INSURE STATE-OWNED BUILDINGS AND CONTENTS; TO REQUIRE THE MISSISSIPPI SELF-INSURANCE TASK FORCE TO REPORT ON THE COST BENEFITS OF SELF-INSURING BEFORE FUNDS ARE EXPENDED TO SELF-INSURE; TO CREATE THE MISSISSIPPI SELF-INSURANCE TASK FORCE TO STUDY, REPORT AND MAKE RECOMMENDATIONS REGARDING A SELF-INSURANCE PLAN; TO PROVIDE CERTAIN ITEMS FOR THE TASK FORCE TO STUDY, REPORT AND MAKE RECOMMENDATIONS ON; TO PROVIDE FOR THE MEMBERSHIP AND MEETING PROCEDURE OF THE TASK FORCE; TO REQUIRE THE TASK FORCE TO MAKE A REPORT OF ITS FINDINGS AND RECOMMENDATIONS, INCLUDING ANY RECOMMENDED LEGISLATION, TO THE LIEUTENANT GOVERNOR, SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE CHAIRS OF THE INSURANCE COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND SENATE ON OR BEFORE NOVEMBER 1, 2025, AT WHICH TIME THE TASK FORCE WILL BE DISSOLVED; TO AMEND SECTION 31-11-3, MISSISSIPPI CODE OF 1972, TO CONFORM; TO BRING FORWARD SECTIONS 37-29-67, 41-73-31, 37-7-303 AND 37-101-15, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The provisions of this act shall be known and may be cited as the "Creating Logic for Efficiency and Accountability Reform (CLEAR) Act."
SECTION 2. The following shall be codified as Section 5-3-77, Mississippi Code of 1972:
5-3-77. (1) In addition to other duties and responsibilities set out in this chapter, the PEER Committee is authorized to establish a program of reviewing selected newly adopted state agency administrative rules. Such reviews shall produce a report to the Legislature on newly adopted state agency administrative rules and their conformity to the intent of the law authorizing them, as well as any other matter the committee considers appropriate. Such reports shall also contain a recommendation for legislative action in cases where the committee believes that such is appropriate.
(2) From and after July 1, 2025, the committee may choose to select fifteen (15) rules adopted during the previous fiscal year for review. Reports on those rules shall be made to the Legislature no later than December 15, 2025. Thereafter, the committee may review up to thirty (30) newly adopted rules per year, with reports on those rules being made to the Legislature no later than December 15 of each year.
SECTION 3. Section 47-5-579, Mississippi Code of 1972, is amended as follows:
47-5-579. (1) (a) The corporation shall operate a work initiative at the Central Mississippi Correctional Facility, South Mississippi Correctional Institution, Mississippi State Penitentiary and the Mississippi Correctional Institute for Women, and is authorized, in its discretion, to create a work initiative at any other correctional facility listed in Section 47-5-539(d). In lieu of a work initiative created by the corporation, the warden or superintendent or sheriff at any regional and private facility listed in Section 47-5-539 is authorized to create a work initiative at their respective facility consistent with the provisions and requirements of this section. Each initiative shall be limited to no more than twenty-five (25) inmates in the state, regional or private facility at any given time.
(b) The department, with regard to a work initiative in an MDOC facility, shall:
(i) Have the ultimate authority for oversight of the administration of the initiative;
(ii) Delegate the administration of the initiative to the corporation; and
(iii) Oversee the selection of inmates for admission to the initiative.
(c) The sheriff, with regard to a work initiative at a regional facility, shall:
(i) Have the ultimate authority for oversight of the administration of the initiative;
(ii) Oversee the selection of inmates for admission to the initiative; and
(iii) Work with the department and the corporation to establish guidelines for the initiative and develop a report thereon.
(2) (a) An inmate is eligible for participation in the initiative if the inmate has:
(i) No more than two (2) years remaining on the inmate's sentence;
(ii) Not been convicted under Section 97-9-49 within the last five (5) years; and
(iii) Not been sentenced for a sex offense as defined in Section 45-33-23(h).
(b) Any inmate who meets the eligibility requirements of paragraph (a) may request assignment to a work initiative established under this section.
(3) (a) The commissioner, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, shall select inmates for admission to the program.
(b) An inmate currently participating in vocational training or a soft skills training program at a facility authorized to operate a work initiative shall have priority in admission to the program.
(4) (a) The chief executive officer, in the case of MDOC facilities, or the warden, superintendent, sheriff or similar leader in the case of regional and private facilities, may authorize the inmate to participate in educational or other rehabilitative programs designed to supplement his work initiative employment or to prepare the person for successful reentry.
(b) Before accepting any participants to the program, the corporation, in consultation with the department, shall adopt and publish rules and regulations to effectuate this section no later than six (6) months after the effective date of this section. These rules and regulations shall include all protection requirements for work release programs established pursuant to Sections 47-5-451 through 47-5-471.
(5) Participating employers shall pay no less than the prevailing wage for the position and shall under no circumstance pay less than the federal minimum wage.
(6) Any inmate assigned to the initiative who, without proper authority or just cause, leaves the area to which he has been assigned to work or attend educational or other rehabilitative programs, or leaves the vehicle or route of travel involved in his or her going to or returning from such place, will be guilty of escape as provided in Section 97-9-49. An offender who is convicted under Section 97-9-49 shall be ineligible for further participation in the work initiative during his or her current term of confinement.
(7) (a) The inmate shall maintain an account through a local financial institution and shall provide a copy of a check stub to the chief executive officer, the warden, the superintendent or the sheriff at a regional facility, as the case may be.
(b) The inmate shall be required:
(i) To pay twenty-five percent (25%) of the inmate's wages after mandatory deductions for the following purposes:
1. To pay support of dependents or to the Mississippi Department of Human Services on behalf of dependents as may be ordered by a judge of competent jurisdiction; and
2. To pay any fines, restitution, or costs as ordered by the court to include any fines and fees associated with obtaining a valid driver's license upon release.
(ii) To pay fifteen percent (15%) of the inmate's wages after mandatory deductions to the corporation for administrative expenses to include transportation costs to be remitted to the state, regional or private facility where the inmate is housed. In the case of state facilities, the administrative expense reimbursement shall be paid to the corporation; in the case of regional facilities, the administrative expense reimbursement shall be paid to the sheriff's department; in the case of private facilities the administrative expense reimbursement shall be paid to the contractor overseeing the facility.
(iii) To save fifty percent (50%) of the inmate's wages after mandatory reductions in the account required under paragraph (a) of this subsection. Monies under this subparagraph shall be made available to the inmate upon parole or release.
(c) The inmate shall have access to the remaining ten percent (10%) of the monies in the inmate's account to purchase incidental expenses.
(d) Any monies remaining under paragraph (a) of this subsection after all mandatory deductions are paid, shall be deposited in the inmate's account established under this subsection. Any monies remaining upon release in paragraph (c) of this subsection shall be released to the inmate.
(8) The chief executive officer of the corporation shall collect and maintain data which shall be shared semiannually with the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) and the Corrections and Criminal Justice Oversight Task Force in sortable electronic format. The first report shall be made on January 15, 2023, and in six-month intervals thereafter unless PEER establishes a different schedule. The data shall include:
(a) Total number of participants at the end of each month by race, gender, and offenses charged;
(b) Total number of participants who began the program in each month by race, gender, and offenses charged;
(c) Total number of participants who successfully completed the program in each month by race, gender, and offenses charged;
(d) Total number of participants who left the program in each month and reason for leaving by race, gender, and offenses charged;
(e) Total number of participants who were arrested for a new criminal offense while in the program in each month by race, gender and offenses charged;
(f) Total number of participants who were convicted of a new crime while in the program in each month by race, gender and offenses charged;
(g) Total number of participants who completed the program and were convicted of a new crime within three (3) years of completing the program;
(h) Total amount earned by participants and how the earnings were distributed in each month;
(i) Results of any initial risk and needs assessments conducted on each participant by race, gender, and offenses charged;
(j) List of participating employers;
(k) List of jobs acquired by participants;
(l) List of the hourly wage paid to each participant;
(m) Accounting of the
manner and use of the * * * fifteen percent (15%) of the wages paid to
the corporation by the inmate for administrative expenses;
(n) Total costs associated with program operations;
(o) List of participating financial institutions;
(p) * * *
Participating financial institutions, which must collect, maintain
and report the create date for financial accounts opened by work initiative
participants;
(q) The average hourly
wage earned in the program; * * *
(r) The accounting of any dependent support payments, fines, restitutions, fees or costs as ordered by the court for each work initiative participant;
(s) The collection, maintenance and reporting of the remaining sentence length of work initiative participants;
( * * *t) Any other data or information as
requested by the task force.
(9) The Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) shall conduct a review of the initiative, including any expansion of the initiative authorized under this section, and produce an annual report to the Legislature on their effectiveness by January 1 of each year. The PEER Committee shall seek the assistance of the Corrections and Criminal Justice Task Force and may seek assistance from any other criminal justice experts it deems necessary during its review.
SECTION 4. Section 1, Chapter 431, Laws of 2024, is amended as follows:
Section 1. (1) There is hereby established the "Mississippi K-12 and Postsecondary Mental Health Task Force," created to address growing concerns related to student mental health. The goal of the task force shall include, but not be limited to, drawing on available data to determine challenges in Mississippi as it relates to the mental health of students ranging from K-12 through the community college and university systems; assessing public and private resources currently available to students who need help managing mental health issues; assessing training and procedures in place for teachers, school district personnel and community college and university personnel; and determining where gaps exist in training and resources; exploring partnerships across communities to better serve students; and examining successful programs in Mississippi and across the nation. The task force shall develop recommendations to the Legislature on changes to policy and laws in Mississippi with a goal of better identifying students at all levels struggling with mental health issues; training school, community college and university personnel related to student mental health, and thus improving health outcomes and the probability of student success.
(2) The members of the task force shall be as follows:
(a) The Chairmen of the Education Committees of the Mississippi Senate and the Mississippi House of Representatives, or their designees from their respective committee membership;
(b) The Chairmen of the Medicaid Committees of the Mississippi Senate and the Mississippi House of Representatives, or their designees from their respective committee membership;
(c) The Chairmen of the Universities and Colleges Committees of the Mississippi Senate and the Mississippi House of Representatives, or their designees from their respective committee membership;
(d) The Superintendent of the Mississippi Department of Education, or his or her designee;
(e) The Executive Director of the Mississippi Department of Mental Health, or his or her designee;
(f) The Director of the Mississippi Division of Medicaid, or his or her designee;
(g) The State Health Officer of the Mississippi Department of Health, or his or her designee;
(h) One (1) psychiatrist with expertise in treating children to be appointed by the Governor;
(i) One (1) clinical psychologist with expertise in treating children appointed by the Lieutenant Governor;
(j) One (1) school psychologist employed or contracted by a Mississippi Public School District, to be named by the Mississippi Association of Psychologists in the Schools;
(k) One (1) public school teacher appointed by the Governor;
(l) One (1) employee of a university counseling center, or a person otherwise responsible for coordinating or providing student mental health services on campus, appointed by the Governor;
(m) One (1) public school counselor appointed by the Lieutenant Governor;
(n) One (1) employee of a community college counseling center, or a person responsible for coordinating or providing student mental health services on campus, appointed by the Lieutenant Governor;
(o) One (1) school nurse employed in a Mississippi public school to be appointed by the Superintendent of Education;
(p) One (1) employee of a nonprofit provider of mental and behavioral health services to youth, appointed by the Lieutenant Governor;
(q) One (1) employee
of a community mental health provider that provides services to a Mississippi
public school * * *,
appointed by the Governor;
(r) One (1) member of the Mississippi Youth Council, selected by the members of the council;
(s) One (1) family advocacy representative to be appointed by the Executive Director of the Mississippi Coalition for Citizens with Disabilities; and
(t) The Chairmen of the Public Health Committees of the Mississippi Senate and the Mississippi House of Representatives, or their designees from their respective committee membership.
(3) The task force shall meet within forty-five (45) days of the effective date of this act and shall evaluate the current data, resources, and laws and policies of the State of Mississippi. Specifically, the task force shall:
(a) Collect and analyze publicly available data and statistics related to the current state of student mental health, K-12 through the community college and university level;
(b) Explore the impact of trauma and mental health issues on student behavior, dropout and graduation rates, academic achievement, employment and related issues;
(c) Evaluate currently available resources for addressing student mental health including, but not limited to, partnerships with nonprofits or experts, telehealth opportunities, inpatient and outpatient resources;
(d) Review mental health training and professional development provided to K-12 school personnel and school personnel at community colleges and universities for classroom management, identification, referral, intervention and prevention;
(e) Evaluate successful strategies for addressing challenges in student mental health in Mississippi and across the nation;
(f) Review the current workforce landscapes as it relates to psychologists, nurses, counselors, behavior interventionists and others who work in schools, community colleges and universities, and consider strategies to recruit sufficient personnel if there are workforce strategies;
(g) Explore the effect of a multi-tiered wellness program that is conducive to growth, achievement, cultivating resilience, motivation and culturally sensitive personal development; and
(h) Review any other matters related to the above issues or student mental health in Mississippi.
(4) The task force may request the assistance of the Mississippi Department of Education, Mississippi Community College Board, Mississippi Institutions of Higher Learning, Mississippi Department of Health, the Mississippi Department of Mental Health,
the University of Mississippi School of Medicine; the Mississippi Division of Medicaid or any other related agency, entity or organization with expertise in student mental health issues and services.
(5) The Chairmen of the Education Committees in the Mississippi Senate and Mississippi House of Representatives shall call the first meeting. The members of the task force shall elect a chair from among the members at its first meeting. The task force shall develop and report its findings and recommendations to the Mississippi Legislature on or before October 1, 2024, and again on or before October 1, 2025. A majority of the membership shall be required to approve any final report and recommendation. Meetings of the task force shall be held at the State Capitol; however, if it is not feasible for the task force to hold an in-person meeting, the task force may convene utilizing an online meeting platform that is accessible for viewing by the public.
(6) The Joint Legislative Committee on Performance Evaluation and Expenditure Review shall provide necessary clerical support for the meetings of the task force and the preparation of the report.
(7) The task force shall be dissolved upon presentation of its report due on or before October 1, 2025.
SECTION 5. (1) This section shall be known and may be cited as the "Mississippi K-12 and Postsecondary Mental Health Act of 2025."
(2) There is hereby established an Executive Committee of the Interagency Coordinating Council for Children and Youth (ICCCY), which shall include the following executive directors or administrators, or their designees, with experience in mental health, student performance or other relevant areas, from the ICCCY as provided in Section 43-14-1:
(a) The State Superintendent of Public Education;
(b) The Commissioner of the State Institutions of Higher Learning;
(c) The Executive Director of the Mississippi Community College Board;
(d) The Executive Director of the Mississippi Department of Mental Health; and
(e) An employee of the Mississippi Department of Health, appointed by the State Health Officer, with relevant mental health experience.
(3) The ICCCY Executive Committee shall have the following coordinating responsibilities related to the general mental health and well-being of children and adolescents:
(a) Evaluating relevant personnel, including, but not limited to, school nurses, counselors and school psychologists, and examining the school's or district's relationship with its community mental health center or other private providers to recommend best practices for mental health resources and infrastructure for underperforming public schools or districts, as identified by the State Superintendent of Public Education;
(b) Identifying key public school and district personnel and community college and university personnel, including, but not limited to, teachers, healthcare providers, counselors and resident assistants, to receive mental health first aid training that is evidence-based and approved by the Department of Mental Health;
(c) Identifying and developing age-appropriate information and materials to distribute information regarding mental health and well-being at student orientations at public schools, universities and community colleges, or assemblies for parents and caretakers of students and other relevant members of the community who may interact with students;
(d) Developing guidance for public schools and districts, universities and community colleges regarding age-appropriate mental health screening resources and other information for students, including 988 suicide and crisis hotline information;
(e) Developing guidelines to help public schools and districts, universities and community colleges partner with community mental health centers, including crisis intervention teams, or private providers to provide services to students;
(f) Compiling a master report by October 1, 2025, of all partially or fully state-funded programs related to improving the mental health and well-being of children and adolescents. The ICCCY Executive Committee, working together with other relevant agencies and organizations, shall be responsible for updating the report annually by October 1 of each year. The report shall be transmitted to the Lieutenant Governor, the Speaker of the House, the Chair of the Senate Public Health and Welfare Committee, the Chair of the House Public Health and Human Services Committee, the Chair of the Senate Appropriations Committee, and the Chair of the House Appropriations "A" Committee by November 1 each year;
(g) Developing an Internet-based mental health resource guide for public schools by August 1, 2025. Beginning in the 2025-2026 school year, public school districts shall include a visible mental health resource navigation link on the home page of their website to include the resource guide developed by the ICCCY Executive Committee; and
(h) Engaging in other coordinated efforts from time to time in an effort to update resources and information related to mental health and well-being for students at public schools, universities and community colleges.
(4) (a) All recommendations and information compiled by the executive committee shall be provided to the State Board of Education, State Institutions of Higher Learning and Mississippi Community College Board, as appropriate, which shall disseminate such information to relevant employees in public school districts, universities and community colleges.
(b) All recommendations and information compiled by the executive committee shall also be provided to the ICCCY, Mississippi State Early Childhood Advisory Council, and any other agency, board, commission or council created by statute which the ICCCY Executive Committee identifies as relevant.
SECTION 6. Section 43-14-1, Mississippi Code of 1972, is amended as follows:
43-14-1. (1) The purpose of this chapter is to provide for the development, implementation and oversight of a coordinated interagency system of necessary services and care for children and youth, called the Mississippi Statewide System of Care, up to age twenty-one (21) with serious emotional/behavioral disorders including, but not limited to, conduct disorders, or mental illness who require services from a multiple services and multiple programs system, and who can be successfully diverted from inappropriate institutional placement. The Mississippi Statewide System of Care is to be conducted in the most fiscally responsible (cost-efficient) manner possible, based on an individualized plan of care which takes into account other available interagency programs, including, but not limited to, Early Intervention Act of Infants and Toddlers, Section 41-87-1 et seq., Early Periodic Screening Diagnosis and Treatment, Section 43-13-117(A)(5), waivered program for home- and community-based services for developmentally disabled people, Section 43-13-117(A)(29), and waivered program for targeted case management services for children with special needs, Section 43-13-117(A)(31), those children identified through the federal Individuals with Disabilities Education Act of 1997 as having a serious emotional disorder (EMD), the Mississippi Children's Health Insurance Program and waivered programs for children with serious emotional disturbances, Section 43-13-117(A)(46), and is tied to clinically and functionally appropriate outcomes. Some of the outcomes are to reduce the number of inappropriate out-of-home placements inclusive of those out-of-state and to reduce the number of inappropriate school suspensions and expulsions for this population of children. This coordinated interagency system of necessary services and care shall be named the Mississippi Statewide System of Care. Children to be served by this chapter who are eligible for Medicaid shall be screened through the Medicaid Early Periodic Screening Diagnosis and Treatment (EPSDT) and their needs for medically necessary services shall be certified through the EPSDT process. For purposes of this chapter, the Mississippi Statewide System of Care is defined as a coordinated network of agencies and providers working as a team to make a full range of mental health and other necessary services available as needed by children with mental health problems and their families. The Mississippi Statewide System of Care shall be:
(a) Child centered, family focused, family driven and youth guided;
(b) Community based;
(c) Culturally competent and responsive; and shall provide for:
(i) Service coordination or case management;
(ii) Prevention and early identification and intervention;
(iii) Smooth transitions among agencies and providers, and to the transition-age and adult service systems;
(iv) Human rights protection and advocacy;
(v) Nondiscrimination in access to services;
(vi) A comprehensive array of services composed of treatment and informal supports that are identified as best practices and/or evidence-based practices;
(vii) Individualized service planning that uses a strengths-based, wraparound process;
(viii) Services in the least restrictive environment;
(ix) Family participation in all aspects of planning, service delivery and evaluation; and
(x) Integrated services with coordinated planning across child-serving agencies.
Mississippi Statewide System of Care services shall be timely, intensive, coordinated and delivered in the community. Mississippi Statewide System of Care services shall include, but not be limited to, the following:
(a) Comprehensive crisis and emergency response services;
(b) Intensive case management;
(c) Day treatment;
(d) Alcohol and drug abuse group services for youth;
(e) Individual, group and family therapy;
(f) Respite services;
(g) Supported employment services for youth;
(h) Family education and support and family partners;
(i) Youth development and support and youth partners;
(j) Positive behavioral supports (PBIS) in schools;
(k) Transition-age supported and independent living services; and
(l) Vocational/technical education services for youth.
(2) There is established the Interagency Coordinating Council for Children and Youth (hereinafter referred to as the "ICCCY"). The ICCCY shall consist of the following membership: (a) The State Superintendent of Public Education;
(b) The Executive Director of the Mississippi Department of Mental Health;
(c) The Executive Director of the State Department of Health;
(d) The Executive Director of the Department of Human Services;
(e) The Executive Director of the Division of Medicaid, Office of the Governor;
(f) The Executive Director of the State Department of Rehabilitation Services;
(g) The Executive Director of Mississippi Families as Allies for Children's Mental Health, Inc.;
(h) The Commissioner of Child Protection Services;
(i) The Attorney General;
(j) A family member of a child or youth in the population named in this chapter designated by Mississippi Families as Allies;
(k) A youth or young adult in the population named in this chapter designated by Mississippi Families as Allies;
(l) A local MAP team coordinator designated by the Department of Mental Health;
(m) A child psychiatrist experienced in the public mental health system designated by the Mississippi Psychiatric Association;
(n) An individual with expertise and experience in early childhood education designated jointly by the Department of Mental Health and Mississippi Families as Allies;
(o) A representative
of an organization that advocates on behalf of disabled citizens in Mississippi
designated by the Department of Mental Health; * * *
(p) A faculty member
or dean from a Mississippi university specializing in training professionals
who work in the Mississippi Statewide System of Care designated by the Board of
Trustees of State Institutions of Higher Learning * * *;
(q) The Commissioner of the State Institutions of Higher Learning;
(r) The Executive Director of the Mississippi Community College Board; and
(s) An employee of the Mississippi Department of Health, appointed by the State Health Officer, with relevant mental health experience.
If a member of the council designates a representative to attend council meetings, the designee shall bring full decision-making authority of the member to the meeting. The council shall select a chairman, who shall serve for a one-year term and may not serve consecutive terms. The council shall adopt internal organizational procedures necessary for efficient operation of the council. Each member of the council shall designate necessary staff of their departments to assist the ICCCY in performing its duties and responsibilities. The ICCCY shall meet and conduct business at least twice annually. The chairman of the ICCCY shall notify all ICCCY members and all other persons who request such notice as to the date, time, place and draft agenda items for each meeting.
(3) The Interagency System of Care Council (ISCC) is created to serve as the state management team for the ICCCY, with the responsibility of collecting and analyzing data and funding strategies necessary to improve the operation of the Mississippi Statewide System of Care, and to make recommendations to the ICCCY and to the Legislature concerning such strategies on, at a minimum, an annual basis. The System of Care Council also has the responsibility of coordinating the local Multidisciplinary Assessment and Planning (MAP) teams and "A" teams and may apply for grants from public and private sources necessary to carry out its responsibilities. The Interagency System of Care Council shall be comprised of one (1) member from each of the appropriate child-serving divisions or sections of the State Department of Health, the Department of Human Services (Division of Youth Services), the Department of Child Protection Services, the State Department of Mental Health (Division of Children and Youth, Bureau of Alcohol and Drug Abuse, and Bureau of Intellectual and Developmental Disabilities), the State Department of Education (Office of Special Education and Office of Healthy Schools), the Division of Medicaid of the Governor's Office, the Department of Rehabilitation Services, and the Attorney General's office. Additional members shall include a family member of a child, youth or transition-age youth representing a family education and support 501(c)(3) organization, working with the population named in this chapter designated by Mississippi Families as Allies, an individual with expertise and experience in early childhood education designated jointly by the Department of Mental Health and Mississippi Families as Allies, a local MAP team representative and a local "A" team representative designated by the Department of Mental Health, a probation officer designated by the Department of Corrections, a family member and youth or young adult designated by Mississippi Families as Allies for Children's Mental Health, Inc., (MSFAA), and a family member other than a MSFAA representative to be designated by the Department of Mental Health and the Director of the Compulsory School Attendance Enforcement of the State Department of Education. Appointments to the Interagency System of Care Council shall be made within sixty (60) days after June 30, 2010. The council shall organize by selecting a chairman from its membership to serve on an annual basis, and the chairman may not serve consecutive terms.
(4) (a) As part of the Mississippi Statewide System of Care, there is established a statewide system of local Multidisciplinary Assessment, Planning and Resource (MAP) teams. The MAP teams shall be comprised of one (1) representative each at the county level from the major child-serving public agencies for education, human services, health, mental health and rehabilitative services approved by respective state agencies of the Department of Education, the Department of Human Services, the Department of Child Protection Services, the Department of Health, the Department of Mental Health and the Department of Rehabilitation Services. These agencies shall, by policy, contract or regulation require participation on MAP teams and "A" teams at the county level by the appropriate staff. Three (3) additional members may be added to each team, one (1) of which may be a representative of a family education/support 501(c)(3) organization with statewide recognition and specifically established for the population of children defined in Section 43-14-1. The remaining members will be representatives of significant community-level stakeholders with resources that can benefit the population of children defined in Section 43-14-1. The Department of Education shall assist in recruiting and identifying parents to participate on MAP teams and "A" teams.
(b) For each local existing MAP team that is established pursuant to paragraph (a) of this subsection, there
shall also be established an "A" (Adolescent) team which shall work with a MAP team. The "A" teams shall provide System of Care services for youthful offenders who have serious behavioral or emotional disorders. Each "A" team shall be comprised of, at a minimum, the following five (5) members:
(i) A school counselor, mental health therapist or social worker;
(ii) A community mental health professional;
(iii) A social services/child welfare professional;
(iv) A youth court counselor; and
(v) A parent who had a child in the juvenile justice system.
(c) The Interagency Coordinating Council for Children and Youth and the Interagency System of Care Council shall work to develop MAP teams statewide that will serve to become the single point of entry for children and youth about to be placed in out-of-home care for reasons other than parental abuse/neglect.
(5) The Interagency Coordinating Council for Children and Youth may provide input to one another and to the ISCC relative to how each agency utilizes its federal and state statutes, policy requirements and funding streams to identify and/or serve children and youth in the population defined in this section. The ICCCY shall support the implementation of the plans of the respective state agencies for comprehensive, community-based, multidisciplinary care, treatment and placement of these children.
(6) The ICCCY shall oversee a pool of state funds that may be contributed by each participating state agency and additional funds from the Mississippi Tobacco Health Care Expenditure Fund, subject to specific appropriation therefor by the Legislature. Part of this pool of funds shall be available for increasing the present funding levels by matching Medicaid funds in order to increase the existing resources available for necessary community-based services for Medicaid beneficiaries.
(7) The local interagency coordinating care MAP team or "A" team will facilitate the development of the individualized System of Care programs for the population targeted in this section.
(8) Each local MAP team and "A" team shall serve as the single point of entry and re-entry to ensure that comprehensive diagnosis and assessment occur and shall coordinate needed services through the local MAP team and "A" team members and local service providers for the children named in subsection (1). Local children in crisis shall have first priority for access to the MAP team and "A" team processes and local System of Care services.
(9) The Interagency Coordinating Council for Children and Youth shall facilitate monitoring of the performance of local MAP teams.
(10) Each ICCCY member named in subsection (2) of this section shall enter into a binding memorandum of understanding to participate in the further development and oversight of the Mississippi Statewide System of Care for the children and youth described in this section. The agreement shall outline the system responsibilities in all operational areas, including ensuring representation on MAP teams, funding, data collection, referral of children to MAP teams and "A" teams, and training. The agreement shall be signed and in effect by July 1 of each year.
SECTION 7. Section 43-14-3, Mississippi Code of 1972, is brought forward as follows:
43-14-3. In addition to the specific authority provided in Section 43-14-1, the powers and responsibilities of the Interagency Coordinating Council for Children and Youth shall be as follows:
(a) To serve in an advisory capacity and to provide state level leadership and oversight to the development of the Mississippi Statewide System of Care; and
(b) To insure the creation and availability of an annual pool of funds from each participating agency member of the ICCCY that includes the amount to be contributed by each agency and a process for utilization of those funds.
SECTION 8. Section 43-14-5, Mississippi Code of 1972, is brought forward as follows:
43-14-5. There is created in the State Treasury a special fund into which shall be deposited all funds contributed by the Department of Human Services, Department of Child Protection Services, State Department of Health, Department of Mental Health and State Department of Rehabilitation Services insofar as recipients are otherwise eligible under the Rehabilitation Act of 1973, as amended, and State Department of Education for the operation of a statewide System of Care by MAP teams and "A" teams utilizing such funds as may be made available to those MAP teams through a Request for Proposal (RFP) approved by the ICCCY.
SECTION 9. Section 25 of this act shall be codified in Chapter 14, Title 43, Mississippi Code of 1972.
SECTION 10. The following shall be codified as Section 5-3-70, Mississippi Code of 1972:
5-3-70. (1) (a) As an alternative to a criminal proceeding as provided in Section 5-3-59, in any instance wherein a witness fails to respond to the lawful subpoena of the PEER Committee at any time or, having responded, fails to answer all lawful inquiries or to turn over evidence that has been subpoenaed, the committee may seek judicial enforcement of the process as provided in paragraph (b) of this subsection.
(b) The chairman, in the name of the committee, may file a complaint before any chancery court of the state setting up such failure on the part of the witness. On the filing of such a complaint, the court shall take jurisdiction of the witness and the subject matter of the complaint and shall direct the witness to respond to all lawful questions and to produce all documentary evidence in the possession of the witness that is lawfully demanded. The failure of a witness to comply with the order of the court constitutes contempt of court and the court shall punish the witness as provided in Section 9-1-17.
(c) The PEER Committee may utilize the Office of the Attorney General to bring a civil enforcement action or may utilize contract counsel to commence an enforcement action authorized in this subsection.
(2) The provisions of this section are hereby declared to be supplemental to the powers of the Legislature and of the Senate and House of Representatives to punish for contempt, and the Legislature hereby reserves to itself and to the Senate and the House of Representatives all inherent and all constitutional powers to punish for contempt.
SECTION 11. Section 5-3-59, Mississippi Code of 1972, is amended as follows:
5-3-59. (1) The committee, while in the discharge of official duties, shall have the following additional powers:
(a) To subpoena and
examine witnesses; to require the appearance of any person and the production
of any paper or document; to order the appearance of any person for the purpose
of producing any paper or document; and to issue all process necessary to
compel such appearance or production. When such process has been served, the
committee may compel obedience thereto by the attachment of the person, papers or
records subpoenaed; and if any person shall willfully refuse to appear before
such committee or to produce any paper or record in obedience to any process
issued by the committee and served on that person, he or she shall be
guilty of contempt of the * * * committee, and shall be punished
by a fine of not more than One Thousand Dollars ($1,000.00), by imprisonment in
the county jail for not more than six (6) months, or both.
(b) To administer oaths to witnesses appearing before the committee when, by a majority vote, the committee deems the administration of an oath necessary and advisable as provided by law.
(c) To determine that a witness has perjured himself or herself by testifying falsely before the committee, and to institute penal proceedings as provided by law.
(2) (a) Whenever facts alleged to constitute contempt under subsection (1)(a) of this section arise, the chairman of the committee shall certify a statement to this effect to the Attorney General or to the appropriate county prosecuting attorney who shall institute and prosecute a criminal proceeding against the accused for contempt under the provisions of this section.
(b) Any offense defined in subsection (1)(a) of this section shall be deemed to have been committed in any of the following counties, and the trial for the offense may take place in any of such counties:
(i) In the county where the subpoena was issued;
(ii) In the county where the offender was served with the subpoena; or
(iii) In the county where the subpoena ordered the offender to give testimony or to produce papers or other evidence.
SECTION 12. Section 5-1-23, Mississippi Code of 1972, is amended as follows:
5-1-23. (1) If any witness neglects or refuses to obey a subpoena, or, appearing, refuses to testify, the senate or house may, by a resolution entered on its journal, commit him or her for contempt, the commitment not to extend beyond the final adjournment of the session; and any witness neglecting and refusing to attend in obedience to a subpoena may be arrested by the sergeant-at-arms and brought before the senate or house; and a copy of the resolution of the senate or house, signed by the presiding officer thereof, and attested by the secretary or clerk, shall be sufficient authority to authorize such arrest.
(2) The provisions of this section shall not apply to any subpoena or other process issued by the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) as provided for in Sections 1 and 2 of this act.
SECTION 13. Section 5-1-25, Mississippi Code of 1972, is amended as follows:
5-1-25. (1) A person sworn and examined as a witness before either house, without procurement or contrivance, on his or her part, shall not be held to answer criminally, or be subject to any penalty or forfeiture for any fact or act touching which he or she is required to testify; nor shall any statement made, or book, document, or paper produced by any such witness be competent evidence in any criminal proceeding against such witness other than for perjury in delivering his or her evidence; nor shall such witness refuse to testify to any fact or to produce any book, document, or paper touching which he or she is examined, on the ground that he or she thereby will criminate himself or herself, or that it will tend to disgrace him or her or render him or her infamous.
(2) The immunity conferred by subsection (1) of this section shall not apply to any person who testifies or produces any book, document, or paper required to comply with a subpoena of the Joint Legislative Committee on Performance Evaluation and Expenditure Review. The committee may, by a majority vote of the members of both houses, offer a person or persons such immunity.
SECTION 14. Section 5-1-35, Mississippi Code of 1972, is amended as follows:
5-1-35. (1) The Sergeant-at-Arms of the Senate shall give a general supervision, under the direction of the presiding officer. He or she shall attend the sittings thereof, preserve order, execute its commands and all process issued by its authority, and shall have control of the doorkeeper. He or she shall see that the hall of the senate and the committee rooms and the room of its presiding officer, the anterooms, lobbies and galleries thereof, are clean, comfortable and lighted at night during the sitting of the senate, and that all necessary conveniences are supplied to the members, officers and committees.
(2) The sergeant-at-arms shall, upon request of the Joint Legislative Committee on Performance Evaluation and Expenditure Review, deliver to the Department of Public Safety the request to serve any committee process provided for by this act.
SECTION 15. Section 29-13-1, Mississippi Code of 1972, is amended as follows:
29-13-1. (1) The Department of Finance and Administration ("department") shall purchase and maintain business property insurance and business personal property insurance, or allow for the establishment of a self-insurance fund or self-insurance reserves, or any combination thereof, on all state-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The department is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. No funds shall be expended for the establishment of any such self-insurance program until such time the Mississippi Self-Insurance Task Force has completed a report and the report reflects a cost benefit to the State of Mississippi. The administration and service of any such self-insurance program may be contracted to a third party and approved by the Commissioner of Insurance. The department is authorized to enter into agreements with other state agencies, local school districts, community/junior college districts, state institutions of higher learning and community hospitals to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(2) The Department of Finance and Administration is required to purchase and maintain flood insurance under the National Flood Insurance Program (42 USCS, Section 4001 et seq.) as required by federal law on state-owned buildings and/or contents. To meet the requirements of participation in such program, the department is further required to adopt floodplain management criteria and procedures in accordance with the rules and regulations of 24 CFR, Chapter X, Subchapter B (National Flood Insurance Program), established by the United States Department of Housing and Urban Development pursuant to the National Flood Insurance Act of 1968 (Public Law 90-448) as amended and by the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended, and any supplemental changes to such rules and regulations. The department shall adopt the floodplain management criteria set forth in 24 CFR, Chapter X, Section 1910.3, on an emergency basis immediately upon May 3, 1979, and until such time as final regulations and criteria are developed by the department. Final regulations, criteria and procedures shall be implemented by the department within ninety (90) days after May 3, 1979. Such criteria and procedures shall apply to any new construction or substantial improvement of state-owned buildings and other state-owned development located in floodplain areas as identified in conjunction with the National Flood Insurance Program. The department shall enforce the floodplain management criteria and procedures adopted by the department pursuant to this section.
(3) No state agency shall be authorized to expend any state, federal or special funds for the construction, renovation, repair or placement of any structure in a designated floodplain, floodway or coastal high hazard area, or to allow for the construction, renovation, repair or placement of any privately owned structure onto state-owned land in a designated floodplain, floodway or coastal high hazard area unless such agency has previously obtained the necessary permits required by the Department of Finance and Administration to comply with the regulations of the Federal Emergency Management Agency (FEMA), National Flood Insurance Program and the state's floodplain management regulations.
SECTION 16. (1) There is hereby created the "Mississippi Self-Insurance Task Force" to study, report and make recommendations on:
(a) The management of state facilities, including rental and owned facilities, and building construction for state facilities;
(b) The property and liability coverage for state facilities, building construction for state facilities, including reserves and solvency;
(c) The financial state of the State Tort Claims Plan, including current reserves and solvency;
(d) A comparison of the State property and liability insurance plans and State Tort Claims Plan in other southeastern states, including, but not limited to, their governance structures, benefits or services offered, solvency, reserves and rate structures and increases over time; and
(e) Any other information or recommendations related which may be relevant to achieving the goal of ensuring all state facilities and any state liabilities have sufficient levels of coverage at the best rates.
(2) The task force shall be composed of the following members:
(a) The Chairs of the Insurance Committees in the Mississippi House of Representatives and Mississippi Senate;
(b) The Chairs of the Public Property Committees in the Mississippi House of Representatives and Mississippi Senate;
(c) The Commissioner of Insurance, or his or her designee;
(d) The Commissioner of Higher Education, or his or her designee;
(e) The Executive Director of the Department of Finance and Administration, or his or her designee;
(f) An actuary appointed by the Governor;
(g) A reinsurance broker appointed by the Lieutenant Governor; and
(h) A property and casualty insurance agent appointed by the Speaker of the House of Representatives.
(3) Appointments shall be made no later than thirty (30) days after the effective date of this act. The Chairs of the Insurance Committees in the Senate and House of Representatives shall convene the members of the task force for an organizational meeting within thirty (30) days after the deadline for appointing members, at which time the members of the task force shall select a chairman and a vice chairman from its membership. The vice chairman shall also serve as secretary and be responsible for keeping all records of the task force. A majority of the members of the task force constitutes a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the task force shall be required to be recorded in the official minutes of the meeting in which the vote occurred. Meetings of the task force shall be held at the State Capitol; however, if it is not feasible for the task force to hold an in-person meeting, the task force may convene using an online meeting platform that is accessible for viewing by the public.
(4) The Department of Finance and Administration shall provide, using existing resources, administrative and clerical support to the task force. The Executive Director of the Department of Finance and Administration shall designate appropriate staff to assist the task force in carrying out its duties.
(5) Subject to appropriation, members of the task force who are not state employees may be compensated at the per diem rate authorized by Section 25-3-69 and reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. However, task force members may not incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the task force, which action must be recorded in the official minutes of the meeting. Per diem and expense payments made pursuant to this subsection may be paid from any funds made available to the task force for that purpose.
(6) The task force shall make a report of its findings and recommendations, including any recommended legislation, to the Lieutenant Governor, Speaker of the House of Representatives and the Chairs of the Insurance Committees of the House of Representatives and Senate on or before November 1, 2025, at which time the task force will be dissolved.
SECTION 17. Section 31-11-3, Mississippi Code of 1972, is amended as follows:
31-11-3. (1) The Department of Finance and Administration, for the purposes of carrying out the provisions of this chapter, in addition to all other rights and powers granted by law, shall have full power and authority to employ and compensate architects or other employees necessary for the purpose of making inspections, preparing plans and specifications, supervising the erection of any buildings, and making any repairs or additions as may be determined by the Department of Finance and Administration to be necessary, pursuant to the rules and regulations of the State Personnel Board. The department shall have entire control and supervision of, and determine what, if any, buildings, additions, repairs, demolitions or improvements are to be made under the provisions of this chapter, subject to the regulations adopted by the Public Procurement Review Board.
(2) The department shall have full power to erect buildings, make repairs, additions or improvements, demolitions, to grant or acquire easements or rights-of-way, and to buy materials, supplies and equipment for any of the institutions or departments of the state subject to the regulations adopted by the Public Procurement Review Board. In addition to other powers conferred, the department shall have full power and authority, as directed by the Legislature, or when funds have been appropriated for its use for these purposes, to:
(a) Build a state office building;
(b) Build suitable plants or buildings for the use and housing of any state schools or institutions, including the building of plants or buildings for new state schools or institutions, as provided for by the Legislature;
(c) Provide state aid for the construction of school buildings;
(d) Promote and develop the training of returned veterans of the United States in all sorts of educational and vocational learning to be supplied by the proper educational institution of the State of Mississippi, and in so doing allocate monies appropriated to it for these purposes to the Governor for use by him in setting up, maintaining and operating an office and employing a state director of on-the-job training for veterans and the personnel necessary in carrying out Public Law No. 346 of the United States;
(e) Build and equip a hospital and administration building at the Mississippi State Penitentiary;
(f) Build and equip additional buildings and wards at the Boswell Retardation Center;
(g) Construct a sewage disposal and treatment plant at the Mississippi State Hospital, and in so doing acquire additional land as may be necessary, and to exercise the right of eminent domain in the acquisition of this land;
(h) Build and equip the Mississippi central market and purchase or acquire by eminent domain, if necessary, any lands needed for this purpose;
(i) Build and equip suitable facilities for a training and employing center for the blind;
(j) Build and equip a gymnasium at Columbia Training School;
(k) Approve or disapprove the expenditure of any money appropriated by the Legislature when authorized by the bill making the appropriation;
(l) Expend monies appropriated to it in paying the state's part of the cost of any street paving;
(m) Sell and convey state lands when authorized by the Legislature, cause said lands to be properly surveyed and platted, execute all deeds or other legal instruments, and do any and all other things required to effectively carry out the purpose and intent of the Legislature. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(n) Collect and receive from educational institutions of the State of Mississippi monies required to be paid by these institutions to the state in carrying out any veterans' educational programs;
(o) Purchase lands for building sites, or as additions to building sites, for the erection of buildings and other facilities which the department is authorized to erect, and demolish and dispose of old buildings, when necessary for the proper construction of new buildings. Any transaction which involves state lands under the provisions of this paragraph shall be done in a manner consistent with the provisions of Section 29-1-1;
(p) Obtain business
property insurance, or allow for the establishment of a self-insurance fund
or self-insurance reserves, or any combination thereof, with a deductible
of not less than One Hundred Thousand Dollars ($100,000.00) on state-owned
buildings under the management and control of the department; * * *
(q) In consultation with
and approval by the Chairmen of the Public Property Committees of the Senate
and the House of Representatives, enter into contracts for the purpose of
providing parking spaces for state employees who work in the Woolfolk Building,
the Carroll Gartin Justice Building or the Walter Sillers Office Building * * *; and
(r) The department is hereby authorized to transfer up to One Million Dollars ($1,000,000.00) of available bond funds to each community college requesting to be exempt from department control and supervision relating to the repair, renovation and improvement of existing facilities owned by the community colleges, including utility infrastructure projects; heating and air conditioning systems; and the replacement of furniture and equipment. The community colleges shall abide by all applicable statutes related to the purchase of the repair, renovation and improvement of such existing facilities.
(3) The department shall survey state-owned and state-utilized buildings to establish an estimate of the costs of architectural alterations, pursuant to the Americans With Disabilities Act of 1990, 42 USCS, Section 12111 et seq. The department shall establish priorities for making the identified architectural alterations and shall make known to the Legislative Budget Office and to the Legislature the required cost to effectuate such alterations. To meet the requirements of this section, the department shall use standards of accessibility that are at least as stringent as any applicable federal requirements and may consider:
(a) Federal minimum guidelines and requirements issued by the United States Architectural and Transportation Barriers Compliance Board and standards issued by other federal agencies;
(b) The criteria contained in the American Standard Specifications for Making Buildings Accessible and Usable by the Physically Handicapped and any amendments thereto as approved by the American Standards Association, Incorporated (ANSI Standards);
(c) Design manuals;
(d) Applicable federal guidelines;
(e) Current literature in the field;
(f) Applicable safety standards; and
(g) Any applicable environmental impact statements.
(4) The department shall observe the provisions of Section 31-5-23 in letting contracts and shall use Mississippi products, including paint, varnish and lacquer which contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as a solvent or thinner, where these products are available at a cost not to exceed the cost of products grown, produced, prepared, made or manufactured outside of the State of Mississippi.
(5) The department shall have authority to accept grants, loans or donations from the United States government or from any other sources for the purpose of matching funds in carrying out the provisions of this chapter.
(6) The department shall build a wheelchair ramp at the War Memorial Building which complies with all applicable federal laws, regulations and specifications regarding wheelchair ramps.
(7) The department shall review and preapprove all architectural or engineering service contracts entered into by any state agency, institution, commission, board or authority, regardless of the source of funding used to defray the costs of the construction or renovation project, for which services are to be obtained to ensure compliance with purchasing regulations and to confirm that the contracts are procured by a competitive qualification-based selection process except where such appointment is for an emergency project or for a continuation of a previous appointment for a directly related project. The provisions of this subsection (7) shall not apply to:
(a) Any architectural or engineering contract fully paid for by self-generated funds of any of the state institutions of higher learning;
(b) Any architectural or engineering contract that is self-administered at a state institution of higher learning as provided under Section 27-104-7(2)(b) or 37-101-15(m);
(c) Community college projects that are fully funded from local funds or other nonstate sources which are outside the Department of Finance and Administration's appropriations or as directed by the Legislature;
(d) Any construction or design projects of the State Military Department that are fully or partially funded from federal funds or other nonstate sources; and
(e) Any project of the State Department of Transportation.
(8) (a) The department shall have the authority to obtain annually from the state institutions of higher learning, the state community colleges and junior colleges, the Department of Mental Health, the Department of Corrections and the Department of Wildlife, Fisheries and Parks information on all renovation and repair expenditures for buildings under their operation and control, including duties, responsibilities and costs of any architect or engineer hired by any such institutions, and shall annually report the same to the Legislative Budget Office, the Chairman of the House Public Property Committee and the Chairman of the Senate Public Property Committee before September 1.
(b) All state agencies, departments and institutions are required to cooperate with the Department of Finance and Administration in carrying out the provisions of this subsection.
(c) Expenditures shall not include those amounts expended for janitorial, landscaping or administrative support, but shall include expenditures from both state and nonstate sources.
(d) Expenditures shall not include amounts expended by the department on behalf of state agencies, departments and institutions through the Department of Finance and Administration administered contracts, but shall include amounts transferred to the Department of Finance and Administration for support of such contracts.
(9) As an alternative to other methods of awarding contracts as prescribed by law, the department may elect to use the method of contracting for construction projects set out in Sections 31-7-13.1 and 31-7-13.2; however, the design-build method of construction contracting authorized under Section 31-7-13.1 may be used only when the Legislature has specifically required or authorized the use of this method in the legislation authorizing a project.
(10) The department shall have the authority, for the purposes of carrying out the provisions of this chapter, and in addition to all other rights and powers granted by law, to create and maintain a list of suspended and debarred contractors and subcontractors. Consistent with this authority, the department may adopt regulations governing the suspension or debarment of contractors and subcontractors, which regulations shall be subject to the approval of the Public Procurement Review Board. A suspended or debarred contractor or subcontractor shall be disqualified from consideration for contracts with the department during the suspension or debarment period in accordance with the department's regulations.
(11) This section shall not apply to the Mississippi State Port Authority.
SECTION 18. Section 37-29-67, Mississippi Code of 1972, is brought forward as follows:
37-29-67. (1) The duties of the board of trustees shall be the general government of the community/junior college and directive of the administration thereof. Subject to the provisions of Sections 37-29-1 through 37-29-273, the board shall have full power to do all things necessary to the successful operation of the district and the college or colleges or attendance centers located therein to insure educational advantages and opportunities to all the enrollees within the district.
(2) The board of trustees shall be authorized to designate a personnel supervisor or other person employed by the district to recommend teachers and to transmit such recommendations to the board of trustees; however, this authorization shall be restricted to no more than two (2) positions for each employment period in the district.
(3) The delineation and enumeration of the powers and purposes set out in Sections 37-29-1 through 37-29-273 shall be deemed to be supplemental and additional, and shall not be construed to restrict the powers of the board of trustees of the district or of any college located therein so as to deny to the said district and the college or colleges therein the rights, privileges and powers previously authorized by statute.
(4) The board of trustees shall have the power to enter into an energy performance contract, energy services contract, a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.
(5) The board of trustees shall be authorized, with the approval of the Mississippi Community College Board, to change the name of the junior college to community college. The Mississippi Community College Board shall establish guidelines for the implementation of any junior college name change. Any reference to junior college district in this chapter shall hereinafter refer to the junior college district or its successor in name as changed by the board of trustees.
(6) The boards of trustees shall purchase and maintain business property insurance and business personal property insurance on all college-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to such buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The boards of trustees are authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The boards of trustees are authorized to enter into agreements with the Department of Finance and Administration, local school districts, other community/junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
SECTION 19. Section 41-73-31, Mississippi Code of 1972, is brought forward as follows:
41-73-31. In addition to the other powers and duties of the authority specified elsewhere in this act, the authority is specifically authorized to initiate a program of providing hospital equipment or hospital facilities located within the state to be operated by participating hospital institutions. In this regard, the authority shall be authorized to exercise the following powers:
(1) To establish eligibility standards for participating hospital institutions;
(2) To enter into an agreement with any entity securing the payment of bonds pursuant to Section 41-73-27(j) or (k) authorizing said entity to approve the participating hospital institutions that can finance or refinance hospital equipment or hospital facilities with proceeds from the bond issue secured by said entity;
(3) To lease to a participating hospital institution specific hospital facilities or items of hospital equipment upon such terms and conditions as the authority may deem proper, to charge and collect rents therefor, to terminate any such lease upon the failure of the lessee to comply with any of its obligations thereunder or otherwise as such lease may provide, to include in any such lease provisions that the lessee shall have the option to renew the term of the lease for such period or periods and at such rents as may be determined by the authority or to purchase any or all of the hospital facilities or hospital equipment to which such lease shall apply;
(4) To loan to a participating hospital institution under an installment purchase contract or loan agreement monies to finance or refinance the cost of specific items of hospital facilities or hospital equipment and to take back a secured or unsecured promissory note evidencing such loan and a mortgage or security interest in the hospital facilities or hospital equipment financed or refinanced with such loan, upon such terms and conditions as the authority may deem proper;
(5) To sell or otherwise dispose of any or all unneeded or obsolete hospital facilities or hospital equipment under terms and conditions as determined by the authority;
(6) To maintain, repair, replace and otherwise improve or cause to be maintained, repaired, replaced and otherwise improved any hospital facilities or hospital equipment owned by the authority;
(7) To obtain or aid in obtaining property insurance on all hospital facilities or hospital equipment owned or financed by the authority and to enter into any agreement, contract or other instrument with respect to any such insurance to accept payment in the event of damage to or destruction of any hospital equipment;
(8) To enter into any agreement, contract or other instrument with respect to any insurance or guarantee or letter of credit, accepting payment in such manner and form as provided therein in the event of default by a participating hospital institution, and to assign any such insurance or guarantee or letter of credit as security for bonds issued by the authority; and
(9) To purchase and maintain business property insurance and business personal property insurance on all hospital-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The authority is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The authority is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, state institutions of higher learning, other community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
SECTION 20. Section 37-7-303, Mississippi Code of 1972, is brought forward as follows:
37-7-303. (1) The school board of any school district may insure motor vehicles for any hazard that the board may choose, and shall insure the school buildings, equipment and other school property of the district against any and all hazards that the board may deem necessary to provide insurance against. In addition, the local school board of any school district shall purchase and maintain business property insurance and business personal property insurance on all school district-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The school district is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The school district is authorized to enter into agreements with the Department of Finance and Administration, other local school districts, community or junior college districts, state institutions of higher learning, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration. Such school board shall be authorized to contract for such insurance for a term of not exceeding five (5) years and to obligate the district for the payment of the premiums thereon. When necessary, the school board is authorized and empowered, in its discretion, to borrow money payable in annual installments for a period of not exceeding five (5) years at a rate of interest not exceeding eight percent (8%) per annum to provide funds to pay such insurance premiums. The money so borrowed and the interest thereon shall be payable from any school funds of the district other than the total funding formula funds provided for in Sections 37-151-200 through 37-151-215. The school boards of school districts are further authorized and empowered, in all cases where same may be necessary, to bring and maintain suits and other actions in any court of competent jurisdiction for the purpose of collecting the proceeds of insurance policies issued upon the property of such school district.
(2) Two (2) or more school districts, together with other educational entities or agencies, may agree to pool their liabilities to participate in a group workers' compensation program. The governing authorities of any school board or other educational entity or agency may authorize the organization and operation of, or the participation in such a group self-insurance program with other school boards and educational entities or agencies, subject to the requirements of Section 71-3-5. The Workers' Compensation Commission shall approve such group self-insurance programs subject to uniform rules and regulations as may be adopted by the commission applicable to all groups.
(3) The governing board of any county, municipality, municipal separate school district, other school district or community/junior college district, and the governing board or head of any other political subdivision or entity may negotiate for, secure and pool their risks under this section and may provide for the purchase of any one or more policies of property insurance, or the establishment of a self-insurance fund or self-insurance reserves, or any combination thereof. The governing board of any political subdivision or other entity set forth in this section is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The administration and service of any such self-insurance program shall be contracted to a third party and approved by the Commissioner of Insurance.
SECTION 21. Section 37-101-15, Mississippi Code of 1972, is brought forward as follows:
37-101-15. (a) The Board of Trustees of State Institutions of Higher Learning shall succeed to and continue to exercise control of all records, books, papers, equipment, and supplies, and all lands, buildings, and other real and personal property belonging to or assigned to the use and benefit of the board of trustees formerly supervising and controlling the institutions of higher learning named in Section 37-101-1. The board shall have and exercise control of the use, distribution and disbursement of all funds, appropriations and taxes, now and hereafter in possession, levied and collected, received, or appropriated for the use, benefit, support, and maintenance or capital outlay expenditures of the institutions of higher learning, including the authorization of employees to sign vouchers for the disbursement of funds for the various institutions, except where otherwise specifically provided by law.
(b) The board shall have general supervision of the affairs of all the institutions of higher learning, including the departments and the schools thereof. The board shall have the power in its discretion to determine who shall be privileged to enter, to remain in, or to graduate therefrom. The board shall have general supervision of the conduct of libraries and laboratories, the care of dormitories, buildings, and grounds; the business methods and arrangement of accounts and records; the organization of the administrative plan of each institution; and all other matters incident to the proper functioning of the institutions. The board shall have the authority to establish minimum standards of achievement as a prerequisite for entrance into any of the institutions under its jurisdiction, which standards need not be uniform between the various institutions and which may be based upon such criteria as the board may establish.
(c) The board shall exercise all the powers and prerogatives conferred upon it under the laws establishing and providing for the operation of the several institutions herein specified. The board shall adopt such bylaws and regulations from time to time as it deems expedient for the proper supervision and control of the several institutions of higher learning, insofar as such bylaws and regulations are not repugnant to the Constitution and laws, and not inconsistent with the object for which these institutions were established. The board shall have power and authority to prescribe rules and regulations for policing the campuses and all buildings of the respective institutions, to authorize the arrest of all persons violating on any campus any criminal law of the state, and to have such law violators turned over to the civil authorities.
(d) For all institutions specified herein, the board shall provide a uniform system of recording and of accounting approved by the State Department of Audit. The board shall annually prepare, or cause to be prepared, a budget for each institution of higher learning for the succeeding year which must be prepared and in readiness for at least thirty (30) days before the convening of the regular session of the Legislature. All relationships and negotiations between the State Legislature and its various committees and the institutions named herein shall be carried on through the board of trustees. No official, employee or agent representing any of the separate institutions shall appear before the Legislature or any committee thereof except upon the written order of the board or upon the request of the Legislature or a committee thereof.
(e) For all institutions specified herein, the board shall prepare an annual report to the Legislature setting forth the disbursements of all monies appropriated to the respective institutions. Each report to the Legislature shall show how the money appropriated to the several institutions has been expended, beginning and ending with the fiscal years of the institutions, showing the name of each teacher, officer, and employee, and the salary paid each, and an itemized statement of each and every item of receipts and expenditures. Each report must be balanced, and must begin with the former balance. If any property belonging to the state or the institution is used for profit, the reports shall show the expense incurred in managing the property and the amount received therefrom. The reports shall also show a summary of the gross receipts and gross disbursements for each year and shall show the money on hand at the beginning of the fiscal period of the institution next preceding each session of the Legislature and the necessary amount of expense to be incurred from said date to January 1 following. The board shall keep the annual expenditures of each institution herein mentioned within the income derived from legislative appropriations and other sources, but in case of emergency arising from acts of providence, epidemics, fire or storm with the written approval of the Governor and by written consent of a majority of the senators and of the representatives it may exceed the income. The board shall require a surety bond in a surety company authorized to do business in this state of every employee who is the custodian of funds belonging to one or more of the institutions mentioned herein, which bond shall be in a sum to be fixed by the board in an amount that will properly safeguard the said funds, the premium for which shall be paid out of the funds appropriated for said institutions.
(f) The board shall have the power and authority to elect the heads of the various institutions of higher learning and to contract with all deans, professors, and other members of the teaching staff, and all administrative employees of said institutions for a term not exceeding four (4) years. The board shall have the power and authority to terminate any such contract at any time for malfeasance, inefficiency, or contumacious conduct, but never for political reasons. It shall be the policy of the board to permit the executive head of each institution to nominate for election by the board all subordinate employees of the institution over which he presides. It shall be the policy of the board to elect all officials for a definite tenure of service and to reelect during the period of satisfactory service. The board shall have the power to make any adjustments it thinks necessary between the various departments and schools of any institution or between the different institutions.
(g) The board shall keep complete minutes and records of all proceedings which shall be open for inspection by any citizen of the state.
(h) The board shall have the power to enter into an energy performance contract, energy services contract, on a shared-savings, lease or lease-purchase basis, for energy efficiency services and/or equipment as prescribed in Section 31-7-14.
(i) The Board of Trustees of State Institutions of Higher Learning, for and on behalf of Jackson State University, is hereby authorized to convey by donation or otherwise easements across portions of certain real estate located in the City of Jackson, Hinds County, Mississippi, for right-of-way required for the Metro Parkway Project.
(j) In connection with any international contract between the board or one (1) of the state's institutions of higher learning and any party outside of the United States, the board or institution that is the party to the international contract is hereby authorized and empowered to include in the contract a provision for the resolution by arbitration of any controversy between the parties to the contract relating to such contract or the failure or refusal to perform any part of the contract. Such provision shall be valid, enforceable and irrevocable without regard to the justiciable character of the controversy. Provided, however, that in the event either party to such contract initiates litigation against the other with respect to the contract, the arbitration provision shall be deemed waived unless asserted as a defense on or before the responding party is required to answer such litigation.
(k) The Board of Trustees of State Institutions of Higher Learning ("board"), on behalf of any institution under its jurisdiction, shall purchase and maintain business property insurance and business personal property insurance on all university-owned buildings and/or contents as required by federal law and regulations of the Federal Emergency Management Agency (FEMA) as is necessary for receiving public assistance or reimbursement for repair, reconstruction, replacement or other damage to those buildings and/or contents caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The board is authorized to expend funds from any available source for the purpose of obtaining and maintaining that property insurance. The board is authorized to enter into agreements with the Department of Finance and Administration, local school districts, community/junior college districts, community hospitals and/or other state agencies to pool their liabilities to participate in a group business property and/or business personal property insurance program, subject to uniform rules and regulations as may be adopted by the Department of Finance and Administration.
(l) The Board of Trustees of State Institutions of Higher Learning, or its designee, may approve the payment or reimbursement of reasonable travel expenses incurred by candidates for open positions at the board's executive office or at any of the state institutions of higher learning, when the job candidate has incurred expenses in traveling to a job interview at the request of the board, the Commissioner of Higher Education or a state institution of higher learning administrator.
(m) (i) The Board of Trustees of State Institutions of Higher Learning is authorized to administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are paid for with self-generated funds.
(ii) Additionally, the board is authorized to oversee, administer and approve contracts for the construction and maintenance of buildings and other facilities of the state institutions of higher learning, including related contracts for architectural and engineering services, which are funded in whole or in part by general obligation bonds of the State of Mississippi at institutions designated annually by the board as being capable to procure and administer all such contracts. Prior to the disbursement of funds, an agreement for each project between the institution and the Department of Finance and Administration shall be executed. The approval and execution of the agreement shall not be withheld by either party unless the withholding party provides a written, detailed explanation of the basis for withholding to the other party. The agreement shall stipulate the responsibilities of each party, applicable procurement regulations, documentation and reporting requirements, conditions prior to, and schedule of, disbursement of general obligation bond funds to the institution and provisions concerning handling any remaining general obligation bonds at the completion of the project. Such agreement shall not include provisions that constitute additional qualifications or criteria that act to invalidate the designation of an institution as capable of procuring and administering such project. Inclusion of any such provisions may be appealed to the Public Procurement Review Board. This paragraph (ii) shall stand repealed from and after July 1, 2025.
(n) The Board of Trustees of State Institutions of Higher Learning ("board") shall require all on-campus faculty and staff employed by, and all students attending, any of the state institutions of higher learning identified in Section 37-101-1 to be issued an identification badge in physical or electronic format. Any identification card issued or renewed pursuant to this section, whether physical or in an electronic format, shall include the words "Crisis Lifeline - Dial or Text 988, or chat 988lifeline.org" or like language for formatting purposes.
SECTION 22. This act shall take effect and be in force from and after July 1, 2025.