Senate Bill 2850

(As Passed the Senate)

AN ACT TO AMEND SECTION 37-33-157, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF REHABILITATION SERVICES TO PERFORM CRIMINAL RECORD BACKGROUND CHECKS OR OTHER NEGLECT CHECKS ON EMPLOYEES, VOLUNTEERS OR CONTRACT WORKERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 37-33-157, Mississippi Code of 1972, is amended as follows:

37-33-157. The Department of Rehabilitation Services shall provide the rehabilitation services authorized by law and by the rules, regulations and policies of the board to every individual determined to be eligible therefor, and in carrying out the purposes of this chapter the department is authorized, when consistent with the rules, regulations and policies of the State Board of Rehabilitation Services:

(a) To expend funds received either by appropriation or directly from federal or private sources;

(b) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable;

(c) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned;

(d) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals;

(e) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to rehabilitation;

(f) To contract with schools, hospitals and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation and other rehabilitation services;

(g) To take such action as may be necessary to enable the department to apply for, accept and receive for the state and its residents the full benefits available under the federal Vocational Rehabilitation Act, and any amendments thereto, and under any other federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services;

(h) To establish an Office on the Deaf and Hard of Hearing to provide services and activities authorized under Section 37-33-171;

(i) To own in the name of the State of Mississippi certain real property described in Section 7 of Chapter 512, Laws of 2005, and to construct, renovate or repair under the supervision of the Department of Finance and Administration any buildings on such property;

(j) To fingerprint and perform a current criminal record background check, child abuse registry check, sex offender registry check, vulnerable adults or neglect check on including, but not limited to, every employee, volunteer, contractual worker and independent contractor;

(k) To utilize results of such fingerprinting and background checks for the purposes of employment decisions and/or actions and service provision to consumers of the department's services;

(l) To be exempt from liability for any findings, recommendations or actions taken pursuant to this section; to include the department, its agents, officers, employees, attorneys and representatives.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.