MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Appropriations

By: Representatives Moody, Warren, Comans, Hamilton, Holland, Read, Stevens, Stringer, Watson

AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2000.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Human Services for the fiscal year beginning July 1, 1999, and ending June 30, 2000 $ 94,659,102.00.

Of the funds appropriated under the provisions of this act, no funds shall be expended to expand, establish or otherwise prepare for any expansion of the privatization of the Child Support Program beyond Hinds and Warren Counties.

Of the funds appropriated under the provisions of this act, not more than a total of Two Million Four Hundred Thousand Dollars ($2,400,000.00) from General Funds and federal matching funds for those General Funds shall be expended for the direct or indirect support of the child support privatization program of MAXIMUS, Inc., in Hinds and Warren Counties. However, any additional funds generated for the Department of Human Services through a revenue maximization program designed and implemented on behalf of the department may be used by the department to pay additional costs of MAXIMUS in implementing the child support privatization program in Hinds and Warren Counties.

Of the funds appropriated under the provisions of this act, no funds shall be transferred from any division or program of the Department of Human Services into the major object of expenditure "Contractual Services" of the Division of Child Support Enforcement.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Human Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various divisions of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 1999, and ending June 30, 2000

$ 347,734,987.00.

SECTION 3. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Department of Human Services that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.

SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

DIVISION OF FAMILY AND CHILDREN'S SERVICES

OFFICE OF YOUTH SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 17,746,298.00

Travel and Subsistence 190,133.00

Contractual Services 1,812,433.00

Commodities 1,920,798.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 544,158.00

Subsidies, Loans and Grants 1,751,533.00

Total $ 23,965,353.00

FUNDING:

General Funds $ 17,308,733.00

Special Funds 6,656,620.00

Total $ 23,965,353.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 682

Part Time. . . . . . . . . 8

Time-Limited: Full Time. . . . . . . . . 20

Part Time. . . . . . . . . 1

Any person within the Office of Youth Services classified as Youth Services Counselor Aide I, Youth Services Counselor Aide II, Youth Services Counselor Aide III, Security Officer I, Security Officer II, Security Officer III, Recreation Supervisor, General Services Employee I, General Services Employee II, Youth Services Counselor I, Youth Services Counselor II, and Youth Services Counselor III, who must work on a statutory holiday or any holiday proclaimed by the Governor, may at the discretion of the superintendents of the institutions and the Executive Director of the Office of Youth Services and within available personnel funds, be paid "call back pay" in lieu of "compensatory time credit."

It is the intent of the Legislature that the Office of Youth Services shall have the authority to accept from any source including, but not limited to, proceeds from sale of vehicles, equipment or any other property which becomes obsolete or is no longer needed. It is the intent that such funds will be approved for allocation and expenditure in a manner consistent with the rules and regulations of the Department of Finance and Administration.

OFFICE OF SOCIAL SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 25,629,262.00

Travel and Subsistence 1,800,000.00

Contractual Services 11,578,026.00

Commodities 325,087.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 1,615,100.00

Subsidies, Loans and Grants 18,895,800.00

Total $ 59,843,275.00

FUNDING:

General Funds $ 12,982,071.00

Special Funds 46,861,204.00

Total $ 59,843,275.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 633

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 62

Part Time. . . . . . . . . 0

DIVISION OF AGING AND ADULT SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 652,779.00

Travel and Subsistence 22,422.00

Contractual Services 267,901.00

Commodities 21,800.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 14,500.00

Subsidies, Loans and Grants 18,353,000.00

Total $ 19,332,402.00

FUNDING:

General Funds $ 578,646.00

Special Funds 18,753,756.00

Total $ 19,332,402.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 7

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 7

Part Time. . . . . . . . . 0

DIVISION OF ECONOMIC ASSISTANCE/TEMPORARY ASSISTANCE

FOR NEEDY FAMILIES (TANF)

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 57,483,268.00

Travel and Subsistence 957,899.00

Contractual Services 17,653,447.00

Commodities 1,022,845.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 8,738,245.00

Subsidies, Loans and Grants 100,655,435.00

Total $ 186,511,139.00

FUNDING:

General Funds $ 49,919,889.00

Special Funds 136,591,250.00

Total $ 186,511,139.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 1,650

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 163

Part Time. . . . . . . . . 0

Division of Economic Assistance/Temporary Assistance for Needy Families (TANF) includes budgets previously known as Division of Economic Assistance, Division of Food Stamp Employment and Training, Job Opportunities and Basic Skills Training Program and Welfare Restructuring Program.

DIVISION OF CHILD SUPPORT ENFORCEMENT

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 18,527,022.00

Travel and Subsistence 383,961.00

Contractual Services 11,473,482.00

Commodities 292,500.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 1,167,389.00

Subsidies, Loans and Grants 9,718,222.00

Total $ 41,562,576.00

FUNDING:

General Funds $ 5,213,274.00

Special Funds 36,349,302.00

Total $ 41,562,576.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 330

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 278

Part Time. . . . . . . . . 0

DIVISION OF COMMUNITY SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 556,588.00

Travel and Subsistence 29,427.00

Contractual Services 353,522.00

Commodities 39,812.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 7,360.00

Subsidies, Loans and Grants 16,357,783.00

Total $ 17,344,492.00

FUNDING:

General Funds $ 0.00

Special Funds 17,344,492.00

Total $ 17,344,492.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 11

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 3

Part Time. . . . . . . . . 0

DIVISION OF SUPPORT SERVICES

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 10,232,632.00

Travel and Subsistence 215,393.00

Contractual Services 3,700,236.00

Commodities 359,400.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 600,386.00

Subsidies, Loans and Grants 37,276.00

Total $ 15,145,323.00

FUNDING:

General Funds $ 4,749,934.00

Special Funds 10,395,389.00

Total $ 15,145,323.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 235

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 31

Part Time. . . . . . . . . 0

SOCIAL SERVICES BLOCK GRANT PROGRAM

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 120,643.00

Travel and Subsistence 10,000.00

Contractual Services 172,375.00

Commodities 4,200.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 500.00

Subsidies, Loans and Grants 25,483,891.00

Total $ 25,791,609.00

FUNDING:

General Funds $ 0.00

Special Funds 25,791,609.00

Total $ 25,791,609.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 2

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 1

Part Time. . . . . . . . . 0

Of the funds authorized herein to be expended from the Subsidies, Loans and Grants Major Object of Expenditure of the Social Services Block Grant Program, a minimum of Two Million Dollars ($2,000,000.00) shall be allocated to the Office of Youth Services to be used in the Community Services Program.

OFFICE FOR CHILDREN AND YOUTH

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 1,008,560.00

Travel and Subsistence 34,032.00

Contractual Services 1,825,163.00

Commodities 934,798.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 538,839.00

Subsidies, Loans and Grants 46,469,845.00

Total $ 50,811,237.00

FUNDING:

General Funds $ 3,906,555.00

Special Funds 46,904,682.00

Total $ 50,811,237.00

AUTHORIZED POSITIONS:

Permanent: Full Time. . . . . . . . . 14

Part Time. . . . . . . . . 0

Time-Limited: Full Time. . . . . . . . . 11

Part Time. . . . . . . . . 0

From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:

(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein.

(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full-time employees with at least six (6) months of continuous current service, as of June 30, 1999, receive an increase of One Thousand Five Hundred Dollars ($1,500.00). Funds are provided to adjust critical job classes up to an additional One Thousand Dollars ($1,000.00).

(c) If an employee is currently at or above the end salary for his or her job classification, then the increase shall be built into the employee's base salary. To be eligible for any increase authorized in this section, employees may not have a current performance rating below "meets expectations" as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 2000 shall receive the salary increase effective the date of the rating.

It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2001 do not exceed Fiscal Year 2000 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.

It is the intention of the Legislature that the Executive Director of the Department of Human Services may transfer between the various divisions authorized herein both funds and positions not to exceed five percent (5%) of the receiving division consistent with the provisions of Section 1 of this act. Provided, however, that no county office positions shall be transferred to any regional office or to the state office. The Executive Director of the Department of Human Services shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth of the month prior to the effective date of the transfer. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various divisions or offices as set forth in the original appropriations made under this act.

Any transfers within major object of expenditure within each specific budget or escalations shall be made in accordance with the terms, conditions and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

Unless expressly authorized herein by the Legislature, no funds appropriated to be expended for travel and subsistence shall be expended to pay expenses incurred by more than six (6) employees or other representatives of the agency for attending the same out-of-state conference, seminar or workshop; however, such funds may be expended for expenses incurred by more than six (6) employees or other representatives for attendance at the same conference, seminar or workshop (a) if attendance is required in order to maintain professional certification or licensure, which certification or licensure is required by the employees' job descriptions or by law, or (b) if such expenditure has received the prior written approval of the Department of Finance and Administration.

SECTION 5. Of the funds appropriated in Section 2, Two Million Eighty-six Thousand Six Hundred Eighty-three ($2,086,683.00) is provided for the support of a contract with the Department of Education, Industrial Training Program for the training of TANF clients.

These funds shall be transferred to the Mississippi Department of Education Industrial Training budget and shall be expended in accordance with Sections 37-31-103 through 37-31-111, Mississippi Code of 1972. Training will be conducted in the areas outlined in Section 37-31-103 (2) for TANF recipients. The terms and provisions for program operation will be established through a nonfinancial agreement between the Mississippi Department of Education and the Mississippi Department of Human Services. This nonfinancial agreement will be initiated by the Mississippi Department of Education, Office of Vocational and Technical Education in accordance with current laws, rules and regulations as approved by the Mississippi State Board of Education.

Identification, eligibility, certification, enrollment, follow-up, performance standards and sanction liabilities of the TANF clients will be the sole responsibility of the Department of Human Services.

SECTION 6. It is the intention of the Legislature that the Executive Director of the Department of Human Services shall make a complete report to the Joint Legislative Budget Committee and the Department of Finance and Administration no later than October 15, 1999, concerning the distribution of the funds provided in the Social Services Block Grant. This report shall contain data from the two (2) previous fiscal years for comparison purposes. The two previous fiscal years along with new distribution of funds shall be presented side by side with a column showing the differences between the previous fiscal year and the new distribution of funds.

SECTION 7. Of the funds appropriated in Section 2 and allocated in Section 4 in the Contractual Services major object of expenditure of the Division of Child Support Enforcement that are derived from child support collection incentive payments actually received by the state from the federal government that are attributable to child support collections in Hinds and Warren Counties, the Department of Human Services shall make bonus payments to MAXIMUS for child support collection, which shall be calculated as follows:

(a) At the end of each quarter of Fiscal Year 2000, the total amount of child support collections made by MAXIMUS in Hinds and Warren Counties for that quarter shall be determined, based on actual bank deposits made by MAXIMUS during that quarter.

(b) From the amount determined under paragraph (a) for each quarter of Fiscal Year 2000, there shall be subtracted the total amount of child support collections made by MAXIMUS in Hinds and Warren Counties during the same quarter of Fiscal Year 1998, based on actual bank deposits made by MAXIMUS during that quarter.

(c) The amount determined under paragraph (b) shall be reduced by ten percent (10%).

(d) The resulting amount determined under paragraph (c) in any quarter of Fiscal Year 2000, or the amount of child support collection incentive payments actually received by the state from the federal government that are attributable to child support collections in Hinds and Warren Counties during that quarter, whichever is less, shall be the amount of the bonus payment made to MAXIMUS for that quarter.

(e) If the amount determined under paragraph (b) is zero (0) or less in any quarter of Fiscal Year 2000, then no bonus payment shall be made to MAXIMUS for that quarter.

SECTION 8. If MAXIMUS, Inc., notifies the Department of Human Services that the proposed contract modification presented to MAXIMUS by the Department of Human Services for Fiscal Year 2000 is unacceptable, such action shall be deemed to constitute a termination of the contract by MAXIMUS, and the Executive Director of the Department of Human Services shall immediately request new bids or proposals for the operation of its child support collection programs in Hinds and Warren Counties for Fiscal Year 2000 based upon the proposed contract. Such request for proposals and the awarding of any new contract shall be in compliance with applicable public bid requirements. Any contract entered into by the Department of Human Services for the operation of its child support program in Hinds and Warren Counties shall be for a period of not more than one (1) year beginning on July 1, 1999. Such contract shall be awarded to the lowest and best bidder, and if no satisfactory bids are received, then the Executive Director of the Department of Human Services shall have the authority effective July 1, 1999, to transfer an amount not to exceed Six Million Six Hundred Thousand Dollars ($6,600,000.00) from the funds allocated to the Contractual Services major object of expenditure of the Division of Child Support Enforcement to any major object of expenditure within the Division of Child Support Enforcement, and to escalate positions not to exceed ninety (90) permanent full-time positions.

SECTION 9. Of the funds appropriated under the provisions of Sections 1 and 2, and authorized for expenditure in Section 3, the amount of One Hundred Thousand Dollars ($100,000.00) is provided for the support of the Jackson State University - Continuing Education Learning Center.

SECTION 10. None of the funds appropriated under the provisions of Sections 1 and 2 shall be used to pay any contractor that is not a successful bidder for genetic paternity testing services bid by the Department of Human Services.

SECTION 11. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall be transferred to the Department of Health, Child Care Licensure Program from the Child Care Development Fund or other appropriate special fund. These funds are to be transferred to the Board of Health no later than July 31, 1999. The Department of Health shall make a complete accounting to the Department of Human Services detailing the uses of these funds in accordance with federal and state regulations.

SECTION 12. It is the intention of the Legislature that the Department of Human Services contract with the Department of Health to operate the School Nurse Teen Pregnancy Prevention Pilot Program as described in House Bill No. 766 of the 1997 Legislative Session, in compliance with all applicable TANF federal and state regulations.

SECTION 13. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 14. This act shall take effect and be in force from and after July 1, 1999, with the exception of Section 8, which shall take effect and be in force from and after the passage of this act.