House Bill 911

(As Sent to Governor)

AN ACT TO AMEND SECTION 43-1-4, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO CONDUCT BACKGROUND INVESTIGATIONS ON PERSONS WHO ARE IN A POSITION WITH ACCESS TO FEDERAL TAX INFORMATION OR WHO ARE OTHERWISE REQUIRED BY FEDERAL LAW OR REGULATIONS TO UNDERGO A BACKGROUND INVESTIGATION; TO AUTHORIZE THE DEPARTMENT TO CONDUCT BACKGROUND INVESTIGATIONS ON CONTRACTORS AND SUBCONTRACTORS AS WELL AS EMPLOYEES AND VOLUNTEERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-1-4, Mississippi Code of 1972, is amended as follows:

43-1-4. The Department of Human Services shall have the following powers and duties:

(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families.

(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.

(c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.

(d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.

(e) To fingerprint and * * *~~perform a criminal history record check~~ conduct a background investigation on every employee * * * or, contractor, subcontractor and volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, * * *or (ii) who is in a position of fiduciary responsibility, (iii) who is in a position with access to Federal Tax Information (FTI), or (iv) who is otherwise required by federal law or regulations to undergo a background investigation. Every such employee, contractor, subcontractor and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the * * *~~criminal history record check~~ background investigation for determination as to good moral character and to ensure that no person placed in any position referenced in this paragraph has a felony conviction that would prevent employment or access to Federal Tax Information according to department policy. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a fingerprint-based national criminal history record check. The department shall be the recipient of the results of any background investigation and/or criminal history record check performed in accordance with this paragraph.

SECTION 2. This act shall take effect and be in force from and after July 1, 2018.