Bill Text: MS SB2492 | 2015 | Regular Session | Introduced
Bill Title: Office Against Interpersonal Violence; clarify responsibilities.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2015-02-03 - Died In Committee [SB2492 Detail]
Download: Mississippi-2015-SB2492-Introduced.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Judiciary, Division B; Appropriations
By: Senator(s) Doty
Senate Bill 2492
AN ACT TO AMEND SECTION 93-21-121, MISSISSIPPI CODE OF 1972, TO CLARIFY THE FUNCTIONS OF THE OFFICE AGAINST INTERPERSONAL VIOLENCE; TO AMEND SECTION 93-21-123, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE OFFICE AGAINST INTERPERSONAL VIOLENCE AS THE STATE AGENCY RESPONSIBLE FOR CERTAIN GRANTS CURRENTLY ADMINISTERED BY THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY AND TO REQUIRE THE COOPERATION OF THE OFFICE AGAINST INTERPERSONAL VIOLENCE AND THE DEPARTMENT OF PUBLIC SAFETY IN THE ORDERLY, EFFICIENT AND EFFECTIVE TRANSITION OF ADMINISTRATIVE AUTHORITY OF THESE GRANTS; TO AMEND SECTION 93-21-117, MISSISSIPPI CODE OF 1972, TO CLARIFY WHAT FUNDS ARE ELIGIBLE FOR DEPOSIT INTO THE VICTIMS OF DOMESTIC VIOLENCE FUND; TO REPEAL SECTION 93-21-111, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THAT DOMESTIC VIOLENCE SHELTERS RECEIVING CERTAIN FUNDING MUST FILE AN ANNUAL REPORT WITH THE DEPARTMENT OF FINANCE AND ADMINISTRATION AND VARIOUS LEGISLATIVE COMMITTEES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-21-121, Mississippi Code of 1972, is amended as follows:
93-21-121. (1) The Office Against Interpersonal Violence shall have authority to:
(a) Receive state
and federal funds * * * related to prevention, services for
victims and survivors, and other strategies to address the incidence of
interpersonal violence when those funds are not directed elsewhere;
(b) Administer funds received from any source and establish procedures for the disbursement of funds to certified agencies for the delivery of shelter and other services for victims of interpersonal violence;
(c) Cooperate with the Attorney General's office for the certification of any programs receiving funding;
(d) Study the subject
of interpersonal violence and related matters, and regularly report to the
Legislature on the need for legislative revisions and initiatives in those
areas; * * *
(e) Develop a
strategic plan for the delivery of services for victims of interpersonal
violence * * *;
and
(f) Other such duties as may be deemed necessary for the benefit of victims of interpersonal violence.
(2) The Mississippi Department of Health shall seek appropriations authority on behalf of the OAIV to expend any funds it receives from any source, and shall comply with all statutes and regulations of the state pertaining to fiscal management of public funds.
(3) The OAIV shall have the authority, with the assistance of the Advisory Board, to develop performance standards, financial audit standards, and other necessary standards to insure that all the grantees are managing their facilities and services consistent with the purposes of the grant. From and after July 1, 2016, only agencies meeting the standards developed by the OAIV shall be eligible to receive funding administered by the OAIV.
(4) The OAIV shall submit an annual report to the Legislature detailing the activities of the office. The report shall include any statistical information available related to the number of programs funded by the OAIV, the types of programs funded, the numbers and types of individuals served or otherwise affected by those programs, numbers and types of referrals made, and any other information deemed relevant by the OAIV. No information contained in the report shall include any individual identifying information.
SECTION 2. Section 93-21-123, Mississippi Code of 1972, is amended as follows:
93-21-123. (1) * * * The
Mississippi State Department of Health, through its Office Against
Interpersonal Violence, shall be the designated state agency having authority,
on behalf of the State of Mississippi, to seek, receive and administer
noncompetitive formula grants made available to each state from federal
sources, when the purpose of those grants is for the provision of services and
assistance to victims of interpersonal violence, to offer training and
resources on interpersonal violence, or to provide primary prevention education
and resources on interpersonal violence. This designation shall specifically
extend to grants made available to the state pursuant to the Victims of Crime
Act of 1984 (VOCA) and the Violence Against Women Act of 1994 (VAWA), which are
administered by and through the Mississippi Department of Public Safety,
Division of Public Safety Planning, before the effective date of this act.
This designation shall be effective upon the effective date of this act, and
the full transfer of existing funds, grants and duties shall occur no later
than December 31, 2015. Nothing in this section shall preclude nongovernmental
organizations and other state agencies from seeking, receiving and
administering discretionary competitive grants or grants for which that agency
is the designated authority.
(2) * * * The Mississippi State
Department of Health shall have the authority to contract with any other agency
of the state to perform duties related to seeking, receiving and administering
grant funds and to ensure the orderly transition of the programs.
(3) * * * The Mississippi
State Department of Health shall be authorized to expend funds necessary to
perform the duties related to administration of the VOCA and VAWA programs, as
well as obtain and maintain sufficient levels of staff to perform those
duties. Authority to expend funds and hire staff related to the administration
of these programs shall be transferred from the Mississippi Department of
Public Safety to the Mississippi State Department of Health.
(4) To facilitate the orderly, effective and efficient transfer of authority for the administration of VOCA and VAWA funds, the Mississippi State Department of Health and the Mississippi Department of Public Safety shall work cooperatively to:
(a) Complete and submit any necessary applications for funding to the appropriate federal funding source or sources;
(b) Work with federal funding sources to ensure full compliance with federal regulations; and
(c) Plan all other necessary aspects of management to ensure efficient transition of funds to minimize risk of delay in either the state's receipt of funds, or the state's distribution of funds to subgrantees.
(5) The Mississippi State Department of Health, Office Against Interpersonal Violence, shall have the authority to seek grants from any other sources to support and further the activities of the office.
SECTION 3. Section 93-21-117, Mississippi Code of 1972, is amended as follows:
93-21-117. (1) There is hereby created in the State Treasury a special fund to be known as the "Victims of Domestic Violence Fund." The fund shall be a continuing fund, not subject to fiscal-year limitations, and shall consist of:
(a) Monies appropriated by the Legislature;
(b) The interest accruing to the fund;
(c) Monies received under the provisions of Section 99-19-73;
(d) Monies received from the federal government to the extent permitted by state or federal law or federal regulations;
(e) Donations to the Victims of Domestic Violence Fund;
(f) Assessments collected pursuant to Section 83-39-31; and
(g) Monies received from such other sources as may be provided by law.
(2) The circuit clerks of the state shall deposit in the fund on a monthly basis the additional fee charged and collected for marriage licenses under the provisions of Section 25-7-13, Mississippi Code of 1972.
(3) All other monies received by the state from every source for the support of the program for victims of domestic violence, established by Sections 93-21-101 through 93-21-113, shall be deposited in the "Victims of Domestic Violence Fund." The monies in the fund shall be used by the State Department of Health solely for funding and administering domestic violence shelters under the provisions of Sections 93-21-101 through 93-21-113, in such amounts as the Legislature may appropriate to the department for the program for victims of domestic violence established by Sections 93-21-101 through 93-21-113. Not more than ten percent (10%) of the monies in the "Victims of Domestic Violence Fund" shall be appropriated to the State Department of Health for the administration of domestic violence shelters.
(4) From and after July 1, 2014, the Office Against Interpersonal Violence is granted all powers and duties with respect to the management of funds in the Victims of Domestic Violence Fund. Any reference to the Department of Health in this article pertaining to the management of the Victims of Domestic Violence Fund means the Office Against Interpersonal Violence within the Department of Health. In addition to the ten percent (10%) set aside in subsection (3), from and after July 1, 2014, the OAIV is authorized to utilize no more than an additional five percent (5%) of the monies in the Victims of Domestic Violence Fund at its discretion for transition expenses and expense related to statewide projects of the OAIV.
(5) Nothing in this chapter shall be construed to limit the ability of a domestic violence shelter or other domestic violence program to solicit private donations or community support. Any funds raised by a shelter or program from private donations or community support are not subject to the provisions of this chapter.
SECTION 4. Section 93-21-111, Mississippi Code of 1972, which requires that domestic violence shelters receiving certain funding must file an annual report with the Department of Finance and Administration and various legislative committees, is repealed.
SECTION 5. This act shall take effect and be in force from and after its passage.
