MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Holland

AN ACT TO AMEND SECTION 43-1-2, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE BOARD OF HUMAN SERVICES TO PROVIDE THE POLICY DIRECTION FOR THE DEPARTMENT OF HUMAN SERVICES; TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS OF THE BOARD; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF HUMAN SERVICES SHALL BE APPOINTED BY THE GOVERNOR FROM THREE NOMINEES SUBMITTED BY THE BOARD; TO AUTHORIZE THE JOINT OVERSIGHT COMMITTEE OF THE DEPARTMENT AND INDIVIDUAL MEMBERS OF THE COMMITTEE TO ATTEND ANY MEETING OF THE BOARD AND TO PARTICIPATE IN ANY BOARD DISCUSSIONS; TO AMEND SECTIONS 43-1-1, 43-1-3, 43-1-4, 43-1-5, 43-1-9, 43-1-11, 43-1-13, 43-1-15, 43-1-17 AND 43-1-21, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS AND TO UPDATE REFERENCES TO THE STATE AND COUNTY DEPARTMENTS OF HUMAN SERVICES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-1-2, Mississippi Code of 1972, is amended as follows:

43-1-2. (1) There is created the State Department of Human Services, whose offices shall be located in Jackson, Mississippi, and which shall be under the policy direction of the State Board of Human Services created in subsection (2) of this section.

(2) (a) There is created the State Board of Human Services, which shall consist of seven (7) members appointed by the Governor, with the advice and consent of the Senate. One (1) member of the board shall be appointed from each congressional district as constituted on July 1, 2000, and two (2) members of the board shall be appointed from the state at large. No board member shall be an employee or elected official of the State of Mississippi or a political subdivision of the state. The board shall be composed of persons with extensive knowledge of or practical experience in at least one (1) of the matters under the jurisdiction of the board.

(b) The initial members of the board shall be appointed for staggered terms, as follows: Two (2) members shall be appointed for terms that end on June 30, 2002; three (3) members shall be appointed for terms that end on June 30, 2004; and two (2) members shall be appointed for terms that end on June 30, 2006. All subsequent appointments to the board shall be for terms of four (4) years from the expiration date of the previous term. No person shall be appointed to the board for more than two (2) consecutive terms. Any vacancy on the board shall be filled by appointment of the Governor, with the advice and consent of the Senate, and the person appointed to fill the vacancy shall serve for the remainder of the unexpired term. The members of the board shall select one (1) member to serve as chairman of the board. The board shall select a chairman once every two (2) years, and any person who has previously served as chairman may be reelected as chairman.

(c) Four (4) members of the board shall constitute a quorum for the transaction of any business. The board shall hold regular monthly meetings, and other meetings as may be necessary for the purpose of conducting such business as may be required. Members of the board shall receive the per diem authorized under Section 25-3-69 for each day spent actually discharging their official duties, and shall receive reimbursement for mileage and necessary travel expenses incurred as provided in Section 25-3-41.

(3) (a) The chief administrative officer of the department shall be the Executive Director of Human Services. The State Board of Human Services shall submit to the Governor three (3) nominees for the position of Executive Director of Human Services, and the Governor shall appoint the executive director from the list of nominees submitted, with the advice and consent of the Senate. Each nominee for the position of executive director, and the person appointed by the Governor as executive director, shall possess the following qualifications, which shall be certified by the State Personnel Board:

(i) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or

(ii) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance or accounting.

(b) The executive director shall serve as secretary and executive officer of the board, and he shall serve at the will and pleasure of the Governor. The executive director's salary shall be set by the Legislature and shall be provided for out of any funds made available for that purpose by the Legislature, the federal government, or other gifts or grants. The executive director shall be responsible to the board for the proper administration of the programs under the jurisdiction of the board in conformity with the policies adopted by the board, and shall be responsible for appointing heads of offices, bureaus and divisions, as defined in Section 7-17-11, and any necessary supervisors, assistants and employees. The salary and compensation of those employees shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board.

(4) There shall be a Joint Oversight Committee of the Department of Human Services composed of the respective chairmen of the Senate Public Health and Welfare Committee, the Senate Appropriations Committee, the House Public Health and Welfare Committee and the House Appropriations Committee, two (2) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and two (2) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and the House members, with the Chairman of the Senate Public Health and Welfare Committee serving as the first chairman. The committee shall meet once each month, or upon the call of the chairman at such times as he deems necessary or advisable. The committee or any individual member of the committee may attend any meeting of the State Board of Human Services, and may participate in any discussion occurring among the board members at the meetings. The committee may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the * * * Department of Human Services. The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend the meetings of the * * * committee. For attending meetings of the * * * committee, those legislators shall receive per diem and expenses, which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the committee will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the * * * committee without prior approval of the proper committee in their respective houses.

(5) The * * * Department of Human Services, under the direction of the State Board of Human Services, shall provide the services authorized by law to every individual determined to be eligible therefor, and in carrying out the purposes of the department, the board is authorized:

(a) To formulate the policy of the department regarding human services within the jurisdiction of the department;

(b) To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, all of which shall be binding upon the county departments of human services;

(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;

(d) Except as limited by Section 43-1-3, to enter into, and to authorize the executive director to execute, with the approval of the board, contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and

(e) To discharge such other duties, responsibilities and powers as are necessary to implement the programs of the department.

(6) The executive director shall establish the organizational structure of the * * * Department of Human Services, which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law, including but not limited to:

(a) Office of Family and Children's Services;

(b) Office of Youth Services;

(c) Office of Economic Assistance;

(d) Office of Child Support.

(7) The executive director * * * shall appoint heads of offices, bureaus and divisions, as defined in Section 7-17-11, who shall serve at the pleasure of the executive director. The salary and compensation of those office, bureau and division heads shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board * * *. The executive director may organize offices as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the department for review by the Legislature.

(8) This section shall stand repealed on July 1, 2001.

SECTION 2. Section 43-1-1, Mississippi Code of 1972, is amended as follows:

43-1-1. (1) The Department of Human Services shall be the State Department of Public Welfare and shall retain all powers and duties as granted to the State Department of Public Welfare. The State Board of Human Services shall be the State Board of Public Welfare and shall retain all powers and duties as granted to the State Board of Public Welfare. Wherever the term "State Department of Public Welfare" or "State Board of Public Welfare" appears in any law, the term shall mean the Department of Human Services or the State Board of Human Services, respectively. The Executive Director of the Department of Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.

(2) This section shall stand repealed on July 1, 2001.

SECTION 3. Section 43-1-3, Mississippi Code of 1972, is amended as follows:

43-1-3. Notwithstanding the authority granted under subsection (5) (d) of Section 43-1-2, the State Board of Human Services, the Department of Human Services or the Executive Director of Human Services shall not be authorized to delegate, privatize or otherwise enter into a contract with a private entity for the operation of any office, bureau or division of the department, as defined in Section 7-17-11, without specific authority to do so by general act of the Legislature. However, nothing in this section shall be construed to invalidate (i) any contract of the department that is in place and operational before January 1, 1994; or (ii) the continued renewal of any such contract with the same entity upon the expiration of the contract; or (iii) the execution of a contract with another legal entity as a replacement of any such contract that is expiring, provided that the replacement contract is substantially the same as the expiring contract. Notwithstanding any other provision of this section, the board and the department shall be authorized to continue the operation of its child support collection program with a private entity on a pilot program basis in Hinds and Warren Counties in Mississippi, and the department and the private entity shall specifically be prohibited from expanding the pilot program to any counties other than Hinds and Warren Counties without specific authority to do so by amendment to this section by general act of the Legislature. Before December 15, 1994, the department shall provide a detailed report to the Joint Oversight Committee established by Section 43-1-2 and to the Legislature that describes the results of the pilot program for the privatization of the department's child support collection program as of December 1, 1994, including an evaluation of whether there has been substantial compliance with the performance standards specified in the contract for the private entity in conducting the pilot program.

This section shall stand repealed on July 1, 2001.

SECTION 4. Section 43-1-4, Mississippi Code of 1972, is amended as follows:

43-1-4. The Department of Human Services, under the direction of the State Board of Human Services, shall have the following powers and duties:

(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families.

(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.

(c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. * * *

(d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.

SECTION 5. Section 43-1-5, Mississippi Code of 1972, is amended as follows:

43-1-5. It shall be the duty of the Department of Human Services to:

(1) Establish and maintain programs not inconsistent with the terms of this chapter and the rules, regulations and policies of the State Board of Human Services, and publish the rules and regulations of the board pertaining to those programs.

(2) Make such reports in such form and containing such information as the federal government may, from time to time, require, and comply with such provisions as the federal government may, from time to time, find necessary to assure the correctness and verification of those reports.

(3) Within ninety (90) days after the end of each fiscal year, and at each regular session of the Legislature, make and publish one (1) report to the Governor and to the Legislature, showing for the period of time covered, in each county and for the state as a whole:

(a) The total number of recipients;

(b) The total amount paid to them in cash;

(c) The maximum and the minimum amount paid to any recipients in any one (1) month;

(d) The total number of applications;

(e) The number granted;

(f) The number denied;

(g) The number cancelled;

(h) The amount expended for administration of the provisions of this chapter;

(i) The amount of money received from the federal government, if any;

(j) The amount of money received from recipients of assistance and from their estates and the disposition of same;

(k) Such other information and recommendations as the Governor may require or the department * * * deems advisable, or as the Legislature may request;

(l) The number of state-owned automobiles purchased and operated during the year by the department, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile and depreciation estimate on each automobile;

(m) The cost per mile and total number of miles traveled by department employees in privately-owned automobiles, for which reimbursement is made out of state funds;

(n) Each association, convention or meeting attended by any department employees, the purposes thereof, the names of the employees attending and the total cost to the state of such convention, association or meeting;

(o) How the money appropriated to the institutions under the jurisdiction of the department has been expended during the preceding year, beginning and ending with the fiscal year of each institution, exhibiting the salaries paid to officers and employees of the institutions, and each and every item of receipt and expenditure;

(p) The activities of each office within the Department of Human Services and recommendations for improvement of the services to be performed by each office;

(q) In order of authority, the twenty (20) highest paid employees in the department receiving an annual salary in excess of Forty Thousand Dollars ($40,000.00), by P.I.N. number, job title, job description and annual salary.

Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year, and if any property belonging to the state or the institution is used for profit the report shall show the expenses incurred in managing the property and the amount received from the same. Those reports shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each office and institution of the department.

This section shall stand repealed on July 1, 2001.

SECTION 6. Section 43-1-9, Mississippi Code of 1972, is amended as follows:

43-1-9. There shall be created in each county of the state a county department of human services, which shall consist of a county director of human services, and such other personnel as may be necessary for the efficient performance of the duties of the county department. It shall be the duty of the board of supervisors of each county to provide office space for the county department.

County director. The Executive Director of Human Services shall designate, in accordance with the rules and regulations of the State Personnel Board, * * * a county director of human services who shall serve as the executive and administrative officer of the county department and shall be responsible to the state department for its management. The director shall be a resident citizen of the county and shall not hold any political office of the state, county, municipality or subdivision thereof. However, in cases of emergency, the Executive Director of Human Services may appoint a director of human services who is a nonresident of that county, to serve during the period of emergency only.

The county department of human services shall administer within the county all forms of public assistance and welfare services. The county department shall comply with such regulations and submit such reports as may be established or required by the state department. Subject to the approval of the state department, the county department may cooperate with other departments, agencies and institutions, state and local, when so requested, in performing services in conformity with the provisions of this chapter.

In counties having two (2) judicial districts, the Executive Director of Human Services may create and establish in each of the judicial districts a separate county department of human services, which shall consist of a director of human services and such other personnel as may be necessary for the efficient performance of the duties of the department thus established. In those cases the two (2) departments so established shall be dealt with as though each is a separate and distinct county department of human services, and each of the departments and each of the directors shall operate and have jurisdiction coextensive with the boundaries of the judicial district in which it is established; in addition, in those cases the words "county" and "director of human services" when used in this chapter shall, where applicable, mean each judicial district, and the director of human services appointed therefor; and where the board of supervisors is authorized to appropriate funds or provide office space or like assistance for one (1) county * * * department or director of human services, the board may, as the case may be, appropriate the amount specified by law or render the assistance required by law to each of the departments or directors. * * * However, * * * the Executive Director of Human Services shall not create and establish a separate county department of human services under this paragraph in any county in which the separate county department of human services is not in existence on January 1, 1983. In addition, in any county having two (2) county departments of human services on January 1, 1983, but only one (1) county director of human services on that date, the Executive Director of Human Services shall not authorize and establish the second position of county director of human services in that county.

In any county not having two (2) judicial districts that is greater than fifty (50) miles in length, the Executive Director of Human Services may establish one (1) branch office of the county department of human services, which shall be staffed with existing employees and administrative staff of the county department for not less than four (4) days per week.

SECTION 7. Section 43-1-11, Mississippi Code of 1972, is amended as follows:

43-1-11. The boards of supervisors of the various counties of this state may, in their discretion, * * * expend and appropriate such sums as they deem necessary out of any available county funds for the purpose of providing office space for the local county department of human services. This includes, but is not limited to, adequate office space for the efficient conduct of business, as well as providing for payment of electricity, water, gas, maintenance and repair of the building, and janitorial services and supplies.

SECTION 8. Section 43-1-13, Mississippi Code of 1972, is amended as follows:

43-1-13. It shall be unlawful for a member of the State Board of Human Services or any other employee of the State Department of Human Services or the county * * * departments of human services to take an active part in any political campaign. For violation of this provision the offending party shall be removed from office and in addition thereto, upon conviction, shall be guilty of a misdemeanor, subject to a fine of not more than two hundred dollars ($200.00).

SECTION 9. Section 43-1-15, Mississippi Code of 1972, is amended as follows:

43-1-15. The Department of Finance and Administration shall furnish office space for the State Department of Human Services in the City of Jackson and may rent suitable quarters in the city if there is not sufficient room in one of the state office buildings. In case it is necessary to rent those quarters, the cost of the rental, janitorial service, fuel and janitor's supplies shall not be counted in determining the administrative cost limitation of Section 43-9-37.

SECTION 10. Section 43-1-17, Mississippi Code of 1972, is amended as follows:

43-1-17. The State Department of Human Services shall cooperate with the federal government, its agencies and instrumentalities, in carrying out the provisions of any federal acts concerning public welfare, and in other matters of mutual concern pertaining to public welfare, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of plans for public assistance and welfare services in accordance with the provisions of the federal Social Security Act, as amended. It shall also cooperate with other departments, agencies and institutions, federal, state and local or private, when so requested, in performing services in conformity with the provisions of this chapter and chapter 9 of this title.

SECTION 11. Section 43-1-21, Mississippi Code of 1972, is amended as follows:

43-1-21. The State Board of Human Services may, in its discretion, destroy or cause to be destroyed, or otherwise disposed of, any and all abandoned applications, closed case files, communications, information, memoranda, records, reports, paid checks, and files, in the office of the State Department of Human Services when and as they become three (3) or more completed fiscal years old and which, in the opinion of the * * * board  * * *, are no longer useful or necessary.

SECTION 12. This act shall take effect and be in force from and after July 1, 2000.