MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Simmons

AN ACT TO CREATE THE MISSISSIPPI WORKS INITIATIVE; TO ENSURE THAT ALL AVAILABLE STATE GOVERNMENT RESOURCES ARE USED TO HELP TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) RECIPIENTS AS WELL AS THOSE INDIVIDUALS AT RISK OF BECOMING DEPENDENT ON PUBLIC ASSISTANCE TO ACHIEVE SELF-SUFFICIENCY THROUGH WORKFORCE DEVELOPMENT AND TRAINING; TO ESTABLISH THE MISSISSIPPI WORKS INTERAGENCY TASK FORCE TO OVERSEE THE COORDINATION AND DELIVERY OF WORKFORCE TRAINING FOR TANF RECIPIENTS AS WELL AS THOSE INDIVIDUALS AT RISK OF BECOMING DEPENDENT ON PUBLIC ASSISTANCE; TO PROVIDE FOR THE APPOINTMENT OF THE MEMBERS OF THE MISSISSIPPI WORKS COMMISSION; TO ALLOCATE FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) DOLLARS FOR WORKFORCE DEVELOPMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. This act may be cited as the "Mississippi Works Initiative."

SECTION 2. Purpose and goal.

(1) The purpose of the Mississippi Works Initiative is to insure coordinated delivery of services and training for targeted employment opportunities primarily for Temporary Assistance for Needy Families (TANF) recipients as well as those individuals at risk of becoming dependent on public assistance.

(2) The goal of the Mississippi Works Initiative is to help primarily TANF recipients as well as those individuals at risk of becoming dependent on public assistance receive education and training leading to a job which allows them to become and remain independent of financial assistance provided by the state.

SECTION 3. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(a) "Commission" means the Mississippi Works Initiative Commission.

(b) "Community-Based Organization (CBO)" means a private nonprofit organization that is representative of a community or a significant segment of a community and that provides education, vocational education or rehabilitation, job training, or internship services or programs. The term includes a neighborhood group or corporation, union-related organization, employer-related organization, faith-based organization, tribal government, or organization serving Native Americans. The CBO must be certified as a 501(c)(3) nonprofit organization under the IRS Code of 1986, as amended. A CBO providing services, which are regulated by the state, must provide evidence of required certification, license or registration.

(c) "Customized Job Training Project" means a project designed by a prospective private partner or trade union in partnership with a public community or technical college, extension service, or community-based organization for the purpose of providing specialized workforce training to prospective employees of the prospective private partner or members of the trade union with the intent of expanding the workforce.

(d) "Employment and Training Services" means any services provided under the Mississippi Works Initiative that assist a Mississippi Works participant to upgrade skills, identify, or obtain employment leading to self-sufficiency.

(e) "Extension service" means a higher education agency and service established by the Department of Higher Education.

(f) "Individual at risk of becoming dependent on public assistance" means an individual who is a member of the food stamp household or whose family income is at or below two hundred percent (200%) of federal poverty guidelines.

(g) "Local Workforce Investment Board (board)" means a local Workforce Investment Board as created under the Workforce Investment Act of 1998 and certified by the Governor. In a local workforce development area for which a board has not been certified, the commission or an entity operating a career center in that area may assume the responsibilities of a board under this chapter.

(h) "Low-income individual" means any individual whose household income is at or below two hundred percent (200%) of federally established poverty guidelines.

(i) "Mississippi works participant" means any low-income individual that receives employment and training services in conjunction with the Mississippi Works Initiative. This may also include individuals without a high school diploma or GED who seek skills upgrades.

(j) "Prospective private partner" means a person, sole proprietorship, partnership, corporation, association, consortium, or private organization which submits a joint proposal for a customized job training project in partnership with a public community or technical college, a community-based organization, or extension service.

(k) "Provider of services" means a public community college, community-based organization, extension service, or private entity which provides training

(l) "Public community college" means a state funded two-year educational institution primarily serving its local taxing district and service area in Mississippi and offering vocational, technical and academic courses for certification or associate degrees.

(m) "Self-sufficiency" means employment with wages reasonably calculated to make the employee independent of financial assistance under state TANF guidelines.

(n) "TANF recipient" means a person who receives financial assistance under the State Division of Economic Assistance.

(o) "Training provider" means a public community or technical college, community-based organization, extension service, or private entity which provides training.

SECTION 4. Project administration.

(1) The objectives of the Mississippi Works Initiative are:

(a) To insure that all available state government resources are used to help Temporary Assistance for Needy Families (TANF) recipients as well as those individuals at risk of becoming dependent on public assistance to achieve self-sufficiency through workforce development and training;

(b) To the extent practicable to provide coordinated employment and training services for low-income individuals in all areas of the state;

(c) To assist the state in its efforts to meet TANF statewide participation rates and assist individuals receiving public assistance in entering the workforce; and

(d) To insure the coordinated delivery of additional services including, but not limited to, child care assistance, Child Health Insurance Program, transportation assistance that support the entry and stability of low-income individuals in the workforce.

(2) The following state agencies and organizations shall be required to work with the Department of Human Services in providing employment and training services:

(a) The Mississippi Employment Security Commission;

(b) The Mississippi Development Authority;

(c) The Department of Health;

(d) The Division of Medicaid;

(e) The Department of Higher Education including the Institutions of Higher Learning including the eight universities, the State Board for Community and Junior Colleges including the fifteen community colleges;

(f) The Department of Education;

(g) The Mississippi Division of Finance and Administration;

(h) The Department of Rehabilitative Services;

(i) The Division of Vital Statistics;

(j) The Mississippi State Highway and Transportation Department;

(k) The Mississippi State Workforce Investment Board; and

(l) Other state agencies as directed by the Governor or as directed by the Legislature.

(3) The Mississippi Works Commission shall be administered as follows:

(a) There is created a Mississippi Works Commission which shall be composed of the following members:

(i) The Director of the Department of Human Services;

(ii) The Director of the Mississippi Employment Security Commission;

(iii) The Director of the Mississippi Development Authority, Employment Training Division;

(iv) The Director of the Mississippi Department of Rehabilitation Services;

(v) The Superintendent of Education;

(vi) The Director of the Community College Board;

(vii) The Commissioner of the Institutions of Higher Learning;

(viii) One (1) representative of the Governor's Office;

(ix) Three (3) members appointed by the Governor;

(x) Six (6) members from each of the six (6) local Workforce Investment Boards;

(xi) One (1) member from the state Workforce Investment Board.

(4) (a) (i) The appointed members of the Mississippi Works Commission shall serve four-year staggered terms.

(ii) At least one (1) of the appointed members by the Governor shall represent the private sector;

(iii) Initial appointed members of the Commission shall draw lots to determine the length of their terms;

(iv) The Director of the Department of Human Services shall call the first meeting of the Commission within thirty (30) calendar days of their appointment and the Governor, in consultation with the Senate and House chairs of the Public Health and Welfare Committees shall select a chairperson from among the appointed members.

(v) Ten (10) members of the commission shall constitute a quorum.

(vi) No member may authorize a designee to vote on his or her behalf.

(vii) The commission shall meet with the Governor every six (6) months or as frequently as it deems necessary upon request of the chairperson; and

(b) The Governor may remove an appointed member for cause. An absence from three (3) consecutive meetings results in automatic removal unless the member is excused by the chairperson. Vacancies occurring on the Commission by reason of death or resignation shall be filled in the same manner as a regular appointment for the remainder of the unexpired term.

(c) The members of the Commission shall not be entitled to compensation for their services but may receive expense reimbursement in accordance with state guidelines.

(5) The Mississippi Works Commission shall:

(a) Review, recommend and approve Mississippi Works regulations to be promulgated by the Department of Human services.

(b) Oversee the operation of the Mississippi Works program and progress toward the Mississippi Works outcomes, including activities coordinated with local workforce investment boards and all state agencies involved in the Mississippi works program.

(c) Coordinate the activities of all state agencies involved in the Mississippi Works program, including moderating disagreements among those state agencies about their respective responsibilities in the Mississippi Works Initiative and facilitating their active collaboration.

(d) Employ necessary staff to assist with the range and diversity of its charge.

(e) Review, recommend and approve annually updates of the state's Mississippi works plan by December 1 of each year, for the next year, and report on the updated plan to the governor and the House and Senate Committees on Public Health, Welfare and Labor.

(f) Review, recommend and approve charters, re-charters or dissolutions of local Mississippi Works service providers recommended by the department;

(g) Review, recommend and approve department guidelines to local Mississippi works service providers regarding annual plan development;

(h) Review, recommend and approve guidelines for the funding of local Mississippi Works service providers utilizing state TANF funds;

(i) Review, recommend and approve all requests for proposals using Mississippi Works program monies and state-controlled welfare-to-work monies;

(j) Initiate activities to foster multi-county collaboration, including establishing incentives for local service providers with small caseloads to combine and become multi-county service providers;

(k) Respond to and report on citizens' concerns about the implementation and administration of the Mississippi works program;

(l) Review, recommend and approve standards of eligibility for assistance developed by the department;

(m) Review the department's plan for bonus awards and employee incentives focused on achieving Mississippi works outcomes;

(n) Submit biannual reports to the House and Senate Committees on Public Health, Welfare and Labor and to the Governor;

(o) Require that, prior to approval, each local service provider's implementation plan describe a method by which the corresponding regional Workforce Investment Board will support the Mississippi works implementation plan;

(p) Contract for an independent evaluation of the Mississippi Works program;

(q) Review, recommend and approve a plan developed by the department to provide services and information to former Mississippi works participants to help them stay employed and achieve progressively higher wages and earnings; and

(r) Review, recommend and approve a plan developed by the department for pilot projects to provide employment training, job search services and parenting education to non-custodial parents of children in Mississippi Works families that cannot pay child support because of unemployment or low earnings.

(6) All agencies of the state and local governments providing employment and training services to TANF recipients and low-income families shall work cooperatively with and provide any necessary assistance to the Mississippi Works Commission and shall furnish, in a timely manner, complete and accurate information regarding the Mississippi Works Initiative to legislative committees and the Commission upon request.

SECTION 5. Project implementation and accountability.

(1) The Legislature shall assess the status of the Mississippi Works program and shall determine whether the responsibility for administering the program should be transferred to another state agency or board.

(2) There shall be no liability on the part of and no cause of action of any nature shall arise against any member of the board or its agents or employees, the association or its agents or employees, for any action or omission by them in the performance of their powers and duties under this chapter.

(3) The Mississippi Works Commission is designed to be an agent of change and challenge to the existing federal, state and local agency service delivery mechanisms. The challenge shall be to insure that low-income individuals are getting the assistance, the information and the services needed to help them become self-sufficient.

(4) The administration of the Mississippi Works program shall focus on promoting the following outcomes for TANF recipients and poor families in Mississippi:

(a) Increase the percentage of needy families that receive workforce assistance;

(b) Decrease the number of families who need cash assistance;

(c) Decrease spending on TANF cash assistance;

(d) Increase the percentage of families receiving TANF cash assistance who participate in work activities for the required number of hours;

(e) Increase the percentage of TANF recipients and low-income individuals who receive services necessary for them to participate in work activities, including education and training, and to move toward self-sufficiency;

(f) Increase the percentage of TANF recipients and low-income individuals facing barriers of substance abuse, domestic violence, physical or mental disabilities or limited education and work experience who receive services necessary for them to participate in work activities and to move toward self sufficiency;

(g) Increase the number of families who leave TANF for work;

(h) Increase the hourly wages and monthly earnings of families that leave TANF for work;

(i) Decrease the number of families who leave TANF and face hardship or deprivation;

(j) Increase the percentage of families who leave TANF for work who stay employed;

(k) Increase the percentage of families who leave TANF for work who achieve progressively higher wages and earnings; and

(l) Increase the percentage of families who leave TANF cash assistance who move out of poverty.

(5) To implement Mississippi Works statewide, the Mississippi Works Commission shall:

(a) Review, recommend and approve a statewide implementation plan for ensuring the cooperation of state agencies and local agencies and encouraging the cooperation of private entities, especially those receiving state funds, in the coordination and implementation of Mississippi Works; and

(b) Ensure that Mississippi Works participants throughout the state including those in rural areas have comparable access to Mississippi Works benefits.

(c) At a minimum the Mississippi Works implementation plan shall include:

(i) Performance standards and measurement criteria for state and county offices of the Department of Human Services and all service providers under Mississippi Works;

(ii) Contract guidelines for contract service providers under the Mississippi works Initiative;

(iii) Guidelines for training Mississippi Works service providers, whether state employees or contract providers;

(iv) Functions to be performed by each state agency in helping recipients make the transition from welfare to work;

(v) Guidelines for clarifying, or if necessary, modifying the rules of the state agencies charged with implementing the Mississippi works Initiative so that all unnecessary duplication is eliminated;

(vi) Guidelines for establishing joint Mississippi Works benefit and employment offices in every county of the state, which shall function as common service centers for the delivery of Mississippi Works program services to applicants and recipients of food stamps and Mississippi Works benefits;

(vii) Guidelines for modifying compensation and incentive programs for state employees in order to achieve the performance outcomes necessary for successful implementation of the Mississippi Works Initiative;

(viii) Guidelines for timely assessments for each participant that leads to an individual personal responsibility agreement that identifies the strengths of the participant and the barriers faced in obtaining a job and reaching self-sufficiency, and the services to be provided to assist the participant to find and keep work and to move toward self-sufficiency;

(ix) Guidelines for timely provision of needed support services as specified in the individual personal responsibility agreement. These guidelines shall include procedures for evaluating the quality and value of assessments and the provision of support services;

(x) Guidelines governing job search requirements for Mississippi Works applicants;

(xi) Guidelines governing the provision of support services to Mississippi Works participants and former Mississippi Works participants to assist them in retaining employment and earning higher wages and career advancement.

(xii) Guidelines governing the combining of work with education and training;

(xiii) Guidelines for the independent evaluation of all cases closed due to sanctions or time limits;

(xiv) A micro-lending program and an individual development trust account (IDA) demonstration project for Mississippi Works participants;

(xv) One (1) or more employment opportunity districts and job development, child care, and transportation strategies for each district;

(xvi) Application guidelines and requirements for chartering local Workforce Investment Boards to plan and coordinate the delivery of services under the Mississippi Works Initiative at the local level;

(xvii) Criteria for relocation of Mississippi Works participants, which take into account factors, including but not limited to, job availability, availability of support services, and proximity of relocation area to current residence;

(xviii) Criteria for the approval of the implementation plans submitted by local Workforce Investment Boards coalitions;

(xix) Criteria for allocating Mississippi Works Initiative resources to local Workforce Investment Boards;

(xx) Criteria for prioritizing work activities of Mississippi Works participants in the event that funds are projected to be insufficient to support full-time work activities of Mississippi Works participants. The criteria may include, but not be limited to, priorities based on the following:

1. At least one (1) adult in each two-parent family shall be assigned priority for full-time work activities;

2. Among single-parent families, a family that has older preschool children or school-age children shall be assigned priority for work activities;

3. A recipient who has access to nonsubsidized child care may be assigned priority for work activities;

4. Priority may be assigned based on the amount of time remaining until the recipient reaches the applicable time limit for receipt of TANF benefits or may be based on requirements of a personal responsibility agreement; and

5. The development of a performance-based payment structure to be used for all Mississippi Works program services, which takes into account the degree of difficulty associated with placing a Mississippi Works participant in a job, the quality of placement with regard to salary, benefits, and opportunities for advancement, and the recipient's retention of the placement. The payment structure should, if appropriate, provide bonus payments to providers that experience notable success in achieving long-term job retention with Mississippi Works participants.

(d) The department shall prepare an annual Mississippi Works implementation plan. The plan shall be subject to review, recommendation and approval by the board. The board shall submit quarterly progress reports to the Governor and the House and Senate Committees on Public Health and Welfare and House and Senate Committees on Labor. The annual updated plan shall contain proposals for measuring and making progress toward the Mississippi Works outcomes during the succeeding three-year period. The quarterly progress reports to the Governor and the House and Senate Committees on Public Health and Welfare and House and Senate Committees on Labor shall include all information which the commission deems necessary for determining progress in achieving the Mississippi Works outcomes. Information shall be provided for the state, each employment opportunity district and each county. The report shall also include all information requested by resolution of the Public Health, Welfare and Labor committees of the House and Senate. The report shall include the following:

(i) Total number of cases;

(ii) Number of Mississippi Works participants who signed the personal responsibility agreement;

(iii) Number of persons getting a diversion from assistance;

(iv) Number of Mississippi Works program dropouts, and to the extent possible, the reason they have dropped out, where they are living, if they are working, and any other pertinent information;

(v) The number of persons who reapplied for and received TANF benefits after having dropped out;

(vi) The types of assistance and support services utilized by Mississippi Works participants;

(vii) Number of births to Mississippi Works participants;

(viii) Percentage of Mississippi Works children complying with compulsory school attendance;

(ix) Percentage of Mississippi Works children immunized;

(x) Number of cases of reported child abuse and neglect cases among Mississippi Works participants and dropouts;

(xi) Number of cases deferred from TANF work requirements and time limitations and the number and reasons for all exemptions and deferrals;

(xii) Types and percentages of child care placements;

(xiii) Percentage of Mississippi Works participants in allowable work activities;

(xiv) Number of Mississippi Works participants in each allowable work activity;

(xv) Length of time Mississippi Works participants have spent in each allowable work activity;

(xvi) Number of Mississippi Works participants employed by state agencies and contract service providers compared to the ten percent (10%) target goals;

(xvii) Occupation types of Mississippi Works participants;

(xviii) Estimated earnings for employed Mississippi Works participants;

(xix) Number of hours worked by Mississippi Works participants;

(xx) Percent of Mississippi Works-employed persons with continued employment continuing into the next quarter;

(xxi) The number of Mississippi works case closures, by reasons for case closure;

(xxii) The number of Mississippi Works applications, the number denied and the reasons for applications denial;

(xxiii) The amount of state and federal funds budgeted for Mississippi Works-related activities, by purpose or activity type and actual Mississippi Works expenditures, by purpose or activity type;

(xxiv) Education levels of families, including highest grade completed and educational credentials, functional math and reading levels, buy number of participants;

(xxv) Work-related skills levels of families, by type of skill and number of participants;

(xxvi) Work experience levels, by number of participants and type of work experience;

(xxvii) Health and disability levels of families, by type and number of participants;

(xxviii) Transportation needs and availability, by number of participants and by type;

(xxix) Child care needs and availability, by number of participants and by type;

(xxx) Other barriers to work and self-sufficiency, including domestic violence, inadequate housing, substance abuse, parental skills and budgeting and home management;

(xxxi) Participants' characteristics, by age, race and sex;

(xxxii) Number of families diverted from Mississippi Works who receive food stamps and Medicaid;

(xxxiii) Number of closed Mississippi Works cases which continue to receive food stamps and Medicaid; and

(xxxiv) Any other data agreed to by the department, the board and the house and Senate Committees on Public Health and Welfare and House and Senate Committees on Labor.

(6) Independent evaluator:

(a) By January 1, 2002, the Mississippi Works Commission shall contract with a professional consultant for an ongoing independent evaluation of the Mississippi works initiative and program development. The independent evaluator shall submit biannual reports to the Governor and the House and Senate Committees on Public Health and Welfare and House and Senate Committees on Labor, which assess:

(i) How effective the Mississippi Works Initiative is in addressing the Mississippi Works outcomes and any measures that might be taken to improve its performance;

(ii) How effectively performance standards and measurement criteria in the statewide implementation plan are being met;

(iii) How effectively state agencies are cooperating in the implementation of the Mississippi Works Initiative;

(iv) How effectively various funding sources are being integrated into the support of the Mississippi Works Initiative;

(v) How effectively local workforce Investment Boards are serving the needs of their local Mississippi works population;

(vi) The effects of the Mississippi Works Initiative on participants and their children; to include at least the following:

1. Changes in family income and child poverty;

2. Impact on child welfare;

3. Impact on child hunger;

4. Impact on housing conditions, family living arrangements and homelessness;

5. Impact on health care coverage and health status of children;

6. Changes in family expenditure patterns;

7. Births to unwed parents, teen pregnancies and changes in family structure;

8. Impact on child care patterns and youth supervision;

9. The work history and employment patterns of adults, including whether they are working, the types of employment held, job retention and their wages or earnings;

10. Impact on substance abuse and substance abuse treatment;

11. Educational and skill attainment;

12. Effectiveness of training received by Mississippi Works participants;

13. Effectiveness of incentives designed to promote business participation in the Mississippi Works initiative;

14. How effectively Mississippi Works supportive services are being delivered and the extent to which they meet client needs in making the transition from welfare to work and achieving long-term economic self-sufficiency;

15. Mississippi works participant usage of other forms of public assistance, including at least, food stamps, Medicaid and CHIP and usage of non-governmental forms of community services; and

16. Any other information deemed by the independent evaluator or the Mississippi Works Commission to be helpful in assisting the Governor and the Legislature in evaluating the impact and effectiveness of the Mississippi Works program.

(b) All agencies of the state and local government providing Mississippi works program services shall work cooperatively with and provide any necessary assistance to the independent evaluator and shall furnish in a timely manner, complete and accurate information to the independent evaluator upon request.

(c) The independent evaluation shall include a survey of families that have left the Mississippi Works program to examine their work experience, their sources of financial support, the barriers that affect their ability to work, the well-being of families and children, including whether adults face hardships in providing food, shelter or other basic necessities for their families, and their perceptions of the Mississippi Works program and their life after welfare.

(d) The study shall utilize professionally recognized techniques for research on families leaving welfare, including statistical sampling and telephone and in-person surveys with rigorous follow-up to insure adequate response rates.

SECTION 6. Program funding.

(1) The state shall set aside a no less than fifteen percent (15%) of its annual TANF block grant allocation to support the Mississippi Works Initiative.

(2) In accordance with the activities of the Commission, additional funds may be raised from the Workforce Investment Act and Department budgets to support the Mississippi Works Initiative.

SECTION 7. This act shall take effect and be in force from and after its passage.