MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Human Services
By: Representative Rosebud
AN ACT TO AMEND SECTION 43-1-2, MISSISSIPPI CODE OF 1972, TO CREATE A BOARD OF DIRECTORS FOR THE DEPARTMENT OF HUMAN SERVICES; TO PROVIDE THE MAKEUP OF THE BOARD; TO PROVIDE THAT THE BOARD OF DIRECTORS SHALL ASSIST AND OVERSEE THE EXECUTIVE DIRECTOR IN GOVERNING THE DEPARTMENT; TO REQUIRE THE EXECUTIVE DIRECTOR MEET WITH THE JOINT OVERSIGHT COMMITTEE OF THE DEPARTMENT AT ALL OF ITS MEETINGS AND PROVIDE SUCH INFORMATION AS REQUESTED AND ANSWER SUCH QUESTIONS AS PRESENTED BY THE COMMITTEE ABOUT THE DEPARTMENT; TO EXTEND THE DATE OF THE REPEALER ON THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-1-2, Mississippi Code of 1972, is amended as follows:
43-1-2. (1) There is created the Mississippi Department of Human Services, whose offices shall be located in Jackson, Mississippi, and which shall be under the policy direction of the Governor.
(2) The chief administrative officer of the department shall be the Executive Director of Human Services. The Governor shall appoint the Executive Director of Human Services with the advice and consent of the Senate, and he or she shall serve at the will and pleasure of the Governor, and until his or her successor is appointed and qualified. The Executive Director of Human Services shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance or accounting.
Those qualifications shall be certified by the State Personnel Board.
(3) (a) There shall be a Joint Oversight Committee of the Department of Human Services composed of the respective Chairmen of the Senate Public Health and Welfare Committee, the Senate Appropriations Committee, the House Public Health and Human Services Committee and the House Appropriations Committee, three (3) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and three (3) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and the House members, on May 1 of each year, with the Chairman of the Senate Public Health and Welfare Committee serving as chairman beginning in even-numbered years, and the Chairman of the House Public Health and Human Services Committee serving as chairman beginning in odd-numbered years.
(b) The
committee shall meet once each quarter, * * * and upon the call of the chairman at
such additional times as he or she deems necessary or advisable * * *. At all such meetings, the Executive Director
of Human Services shall meet with the committee and provide such information as
requested and answer such questions as presented by the committee about the operation
of the department, the programs of the department, the budget of the department,
and the expenditures of the department. The committee may make
recommendations to the Legislature pertaining to any matter within the
jurisdiction of the * * * Department of Human Services. The appointing
authorities may designate an alternate member from their respective houses to
serve when the regular designee is unable to attend such meetings of the
oversight committee.
(c) For attending meetings of the oversight committee, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the committee will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the oversight committee without prior approval of the proper committee in their respective houses.
(4) (a) From and after July 1, 2023, there is created the board of directors of the Department of Human Services, which shall consist of four (4) persons appointed by the Governor, and three (3) persons appointed by the Lieutenant Governor, each with the advice and consent of the Senate, and each of whom shall be a qualified elector of the State of Mississippi. Notwithstanding any other provision of law to the contrary, the board of directors of the Department of Human Services shall assist and oversee the Executive Director of Human Services in governing the department, and the executive director shall consult with the board of directors before making any major decisions affecting any program of the department or any policy of the department.
(b) Initial appointments shall be made by August 1, 2023. The Governor shall make initial appointments of two (2) members for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. The Lieutenant Governor shall make initial appointments of one (1) member for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. Thereafter, the terms of the members shall be for four (4) years and until their successors are appointed and qualified. In the event of a vacancy during the term of office of an incumbent, the appointing authority shall fill such vacancy for the unexpired portion of the term.
(c) The board of directors shall organize by selecting annually from its members a chair and a vice chair, and may do all things as necessary for carrying out the provisions of this chapter and the powers and duties of the department under the provisions of law. Each member of the board shall receive a per diem as provided in Section 25-3-69, plus travel and reasonable and necessary expenses incidental to the attendance at each meeting as provided in Section 25-3-41, including mileage.
( * * *5) The Department of Human Services
shall provide the services authorized by law to every individual determined to
be eligible therefor, and in carrying out the purposes of the department, the
executive director is authorized:
(a) To formulate the policy of the department regarding human services within the jurisdiction of the department;
(b) To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, all of which shall be binding upon the county departments of human services;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) Except as limited by Section 43-1-3, to enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and
(e) To discharge such other duties, responsibilities and powers as are necessary to implement the programs of the department.
( * * *6) The executive director shall
establish the organizational structure of the Mississippi Department of Human
Services, which shall include the creation of any units necessary to
implement the duties assigned to the department and consistent with specific
requirements of law, including, but not limited to:
(a) * * *
Office of Youth Services;
( * * *b) Office of Economic Assistance;
( * * *c) Office of Child Support
Enforcement; or
( * * *d) Office of Field Operations to
administer any state or county level programs under the purview of the
Mississippi Department of Human Services, with the exception of programs * * * that fall under * * * paragraph (a) * * * of this subsection.
( * * *7) The Executive Director of Human
Services shall appoint heads of offices, bureaus and divisions, as defined in
Section 7-17-11, who shall serve at the pleasure of the executive director.
The salary and compensation of such office, bureau and division heads shall be
subject to the rules and regulations adopted and promulgated by the State
Personnel Board as created under Section 25-9-101 et seq. The executive director
shall have the authority to organize offices as deemed appropriate to carry out
the responsibilities of the department. The organization charts of the
department shall be presented annually with the budget request of the Governor
for review by the Legislature.
( * * *8) This section shall stand repealed
on July 1, * * *
2026.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.