MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Appropriations
By: Representatives Warren, Scott, Coleman (65th), Dedeaux, Eaton, Flaggs, Hamilton (109th), Hines, Holland, Malone, Middleton, Read, Reynolds, Stevens
AN ACT MAKING AN APPROPRIATION TO THE DEPARTMENT OF HUMAN SERVICES; AND FOR RELATED PURPOSES, FOR THE FISCAL YEAR 2012.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Human Services for the fiscal year beginning July 1, 2011, and ending June 30, 2012.... $ 126,000,000.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Department of Human Services which is comprised of special source funds collected by or otherwise available to the department for the support of the various divisions of the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2011, and ending June 30, 2012.........................................
.......................................... $ 742,175,756.00.
SECTION 3. None of the funds appropriated by this act shall be expended for any purpose that is not actually required or necessary for performing any of the powers or duties of the Department of Human Services that are authorized by the Mississippi Constitution of 1890, state or federal law, or rules or regulations that implement state or federal law.
SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 2, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............ 2,948
Part Time............ 1
Time-Limited: Full Time............ 791
Part Time............ 0
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
Notwithstanding the above language in this section, the Department of Human Services may restructure and reorganize the Division of Family and Children's Services in order to satisfy the requirements outlined in the settlement agreement, judicial mandates or court orders of the Olivia Y lawsuit.
SECTION 5. It is the intention of the Legislature that the Department of Human Services shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2011. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2013 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2012 budget request process.
SECTION 6. None of the funds appropriated under the provisions of Sections 1 and 2 shall be used to pay any contractor that is not a successful bidder for genetic paternity testing services bid by the Department of Human Services.
SECTION 7. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall be transferred to the Department of Health, Child Care Licensure Program from the Child Care Development Fund or other appropriate special fund. These funds are to be transferred to the Board of Health no later than July 31, 2011. The Department of Health shall make a complete accounting to the Department of Human Services detailing the uses of these funds in accordance with federal and state regulations.
SECTION 8. It is the intention of the Legislature that the Department of Human Services contract with the Department of Health to operate the School Nurse Teen Pregnancy Prevention Pilot Program as described in Section 41-79-5(5), Mississippi Code of 1972, in compliance with all applicable TANF federal and state regulations.
SECTION 9. None of the above funds shall be used to hire employees under Personal Service Contracts except for Personal Service Contracts for the Division of Early Childhood Care and Development - Child Care and Division of Early Childhood Care and Development - Child Care Managers.
SECTION 10. The department shall shift expenditures from the Temporary Assistance for Needy Families (TANF) portion of the Child Care Development Block Grant Funds (CCDF) to the CCDF matching grant portion for the continued funding of the Families First Resource Centers through the current federal fiscal year (September 30, 2011).
The department shall utilize TANF funds from the federal Fiscal Year 2012 allotment for the continued funding of the Families First Resource Centers through June 30, 2012.
SECTION 11. The department is authorized to escalate, budget and expend special and/or federal funds received from any source to carry out the duties of the department in an amount not to exceed Twenty Million Dollars ($20,000,000.00). Such funds are to be escalated in accordance with procedures for federal fund escalations as established in Section 27-104-21, Mississippi Code of 1972, and expended for the purposes of performing such duties as set forth by law in accordance with applicable rules and regulations of the State Fiscal Officer.
SECTION 12. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 13. The Department of Human Services is authorized to expend available funds on technology or equipment upgrades or replacements when it will generate savings through efficiency or when the savings generated from such upgrades or replacements exceed expenditures thereof.
SECTION 14. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state furnished housing shall include single-family and multi-family residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 15. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2012
Performance Measures Target
Support Services
Investigative Audits (Actions) 60
Special Investigations 51
Fraud Investigations (Actions) 796
Administrative Hearings 2,500
Subgrant Monitoring Visits 400
Aging & Adult Services
In-home Services (Persons) 17,391
Community Based Services (Persons) 15,118
Congregate Meals (Number of Meals) 4,046
Home-delivered Meals (Meals Delivered) 2,238,296
Boys & Girls Clubs
TANF Fds Provided to Boys
& Girls Clubs ($) 1,000,000
Child Support Enforcement
Number of Paternities Established 37,389
Number of Obligations Established 21,432
Total Collections ($) 286,696,080
Absent Parents Located (Individuals) 51,352
Community Services
Elderly Served by CSGB & LIHEAP 75,042
Number of Handicapped Served 42,749
Number of Household Achieving 1,243
Households Stabilized 18,727
Number of Households Weatherized 687
Early Childhood Care/development
Children & Youth Served (CCDGB) 46,342
Assistance Payments
Dollar Amount of Assistance 1,548,149.00
Food Assistance
Average Monthly Households 204,068
Dollar Value of Food Stamps
Issued ($) 620,709,665.00
TANF Work Program
TANF/Medicaid Households per Month 11,195
Work Program (Persons Served) 2,950
TANF Participation Rate (%) 50.00
Persons Employed 1,221
Family & Children's Services
Children in Agency Custody 3,560
Abuse & Neglect Investigations 22,008
Family Preservation - Child (Families) 332
Number of Licensed Foster Homes 2,051
Number of Finalized Adoptions 319
Social Services Block Grant
Clients Served, Family & Child Services 46,342
Clients Served, Youth Services 10,104
Clients Served, Mental Health Dept. 0
Clients Served, Aging & Adult Services 11,837
Youth Services
Community Services (Children Served) 12,000
Institutional Component (Children Served) 652
Number of Volunteers - Community Services 114
Children Placed in Alternative Placement 200
Children Diverted from Institutional 55
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2013.
SECTION 16. It is the intent of the Legislature that the Department of Human Services, Division of Child Support Enforcement, make a concentrated effort to increase collections of past due child support payments. On or before January 1, 2012, the Executive Director of the Department of Human Services shall submit a report to the Legislative Budget Office detailing year-to-date performance measures in the Child Support Enforcement Program compared with the prior year.
SECTION 17. It is the intention of the Legislature that the Department of Human Services shall have the authority to spend such additional funds as it shall receive from the federal government in incentives or the federal match on those incentives for the purpose of child support enforcement.
SECTION 18. Of the funds appropriated in Section 1, Two Hundred Fifty Thousand Dollars ($250,000.00) shall be transferred to the Juvenile Facility Monitoring Unit at the Department of Public Safety no later than July 31, 2011.
SECTION 19. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
SECTION 20. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
SECTION 21. No former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency's proper governing board or authority. Upon approval of such contracts, a written report shall be submitted detailing the cost and need of such contract services to the Chairmen and members of the Senate and House Appropriations Committees.
SECTION 22. Of the funds appropriated herein, an additional One Million Dollars ($1,000,000.00) of Special Funds to be transferred from the Division of Medicaid, are provided to fund the Home Delivered Meals Program in the Aging and Adult Services Division.
SECTION 23. Of the funds appropriated herein, One Million Dollars ($1,000,000.00) of any funds to the credit of the Department of Human Services shall be provided to the Boys and Girls Clubs.
SECTION 24. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 25. This act shall take effect and be in force from and after July 1, 2011.