MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare

By: Senator(s) Mettetal

AN ACT TO AMEND SECTION 43-1-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES TO PROVIDE WRITTEN NOTICE TO THE BOARD OF SUPERVISORS OF THE RESPECTIVE COUNTY WHENEVER THE COUNTY DIRECTOR POSITION IS VACANT; AND FOR RELATED PURPOSES.

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

SECTION 1. 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 the Mississippi Department of Human Services shall designate, in accordance with the rules and regulations of the State Personnel Board, with the approval of the Governor, 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. Such 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 commissioner may appoint a director of human services who is a nonresident of such county, to serve during the period of emergency only. Before making the designation of county director, the Executive Director of the Mississippi Department of Human Services shall provide written notice to the board of supervisors of the respective county that the county director position is vacant.

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 the Mississippi Department 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 such 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; and, also, in such 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 human services department or director, such 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. Provided, however, that the Executive Director of the Mississippi Department of Human Services shall not create and establish a separate county department of human services pursuant to this paragraph in any county in which such separate county department of human services is not in existence on January 1, 1983. Provided further, that 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 said date, the Executive Director of the Mississippi Department of Human Services shall not authorize and establish the second position of county director of human services in such county.

In any county not having two (2) judicial districts which is greater than fifty (50) miles in length, the Executive Director of the Mississippi Department 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 such county department for not less than four (4) days per week.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.