Senate Bill 2614

AN ACT TO AUTHORIZE AND DIRECT THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION TO SUPERVISE AND CONTRACT FOR INSPECTION OF MIGRANT FARM LABOR AND NONFARM LABOR TEMPORARY HOUSING LIVING CONDITIONS, AND TO COORDINATE FEDERAL AND OTHER PROGRAMS RELATING THERETO; TO AUTHORIZE THE COMMISSION TO ACCEPT AND EXPEND FUNDS FROM ANY SOURCE RELATING TO SUCH MIGRANT LABOR PROGRAMS; TO ESTABLISH A MISSISSIPPI MIGRANT AND SEASONAL FARM WORKERS ADVISORY COUNCIL TO PROVIDE ASSISTANCE TO THE COMMISSION IN THE SUPERVISION AND COORDINATION OF SUCH MIGRANT LABOR PROGRAMS; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Mississippi Employment Security Commission, established and empowered under Section 71-5-101, Mississippi Code of 1972, with the assistance of the Mississippi Migrant and Seasonal Farm Workers Advisory Council established in this section, is hereby authorized, empowered and directed to do the following relating to the temporary housing conditions of migrant farm labor and migrant nonfarm labor in Mississippi:

(a) To maintain a continuing consultative examination and supervision of the migrant farm labor and nonfarm labor programs relating to living conditions; health, housing inspection and sanitation; labor laws; education; transportation safety; public assistance; and coordination of federal, state and local programs relating thereto;

(b) To cooperate with other state agencies of this state in developing improvements in existing programs in order to discover and establish better coordination of migrant labor programs;

(c) To cooperate with commissions, agencies and committees of other states having similar responsibilities, whereby migrant labor programs shall have a continuing administration, application and effectiveness from state to state;

(d) To develop a comprehensive plan to permit the operation in this state and cooperatively in participating states of improving the living and working conditions for migrant labor;

(e) To accept and expend funds from federal and any other source made available for improvement of living conditions and housing accommodations for migrant farm and nonfarm workers;

(f) To develop an accurate statewide census of migrant and seasonal farm and nonfarm workers and determine the cost of supportive programs associated with such workers; and

(g) To make an annual report of its findings, recommendations and any proposed legislation to the Legislature.

(2) If adequate federal or state funds are available the Mississippi Employment Security Commission shall contract to provide a pre-occupancy housing inspection program and shall report the results of any inspections to the Mississippi Migrant and Seasonal Farm/Nonfarm Workers Advisory Council before October first of each year. The members of the commission and advisory council are immune from liability for any action that may be brought in connection with the inspection program.

(3) There is hereby created the Mississippi Migrant and Seasonal Farm and Nonfarm Workers Advisory Council to advise the Mississippi Employment Security Commission in carrying out its duties and responsibilities under this section. The membership of the advisory council shall consist of five (5) appointed and three (3) ex officio members, as follows: (a) three (3) farmers whose principle source of income is derived from farming and who contract for migrant or seasonal farm workers, or both, and one (1) nonfarmer who contracts for migrant or seasonal farm workers, or both, such individuals to be appointed by the Governor, with the advice and consent of the Senate, with one (1) to be appointed from each of the current four (4) Mississippi Congressional districts; (b) one (1) member to represent the interests of migrant or seasonal farm or nonfarm workers; and the Executive Director of the Mississippi Employment Security Commission, or his designee; the Executive Director of the State Board of Health, or his designee; and the State Superintendent of Education, or his designee. Terms of office of appointed members are commensurate with that of the Governor and until a successor is appointed and qualifies. The advisory council shall elect a chairman and such other officers as it deems necessary. The advisory council shall meet at least once in each quarter and at such other times as may be necessary upon the call of the chairman. Members who are not public employees shall receive mileage and expense reimbursement as paid state employees when on official business, if funds are made available for such purpose from federal sources or otherwise. The Mississippi Employment Security Commission is designated as the administrative agency of the advisory council.

(4) Any state agency or private service agency which receives state or federal funds to provide services to migrant or seasonal farm or nonfarm workers shall file an annual written report with the advisory council describing the amount of state and federal funds received, inspection activities, the services offered, the number of migrant and seasonal workers and their family members served, and all other pertinent information requested by the commission or the advisory council.

SECTION 2. This act shall take effect and be in force from and after July 1, 2003.