Bill Text: MS SB2607 | 2020 | Regular Session | Introduced
Bill Title: Mississippi Board of Human Services; establish to provide policy direction for the Department of Human Services.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2020-03-03 - Died In Committee [SB2607 Detail]
Download: Mississippi-2020-SB2607-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Blackmon
Senate Bill 2607
AN ACT TO AMEND SECTIONS 43-1-1, 43-1-2, 43-1-3, 43-1-4 AND 43-1-5, MISSISSIPPI CODE OF 1972, TO REESTABLISH THE MISSISSIPPI BOARD OF HUMAN SERVICES AND PRESCRIBE ITS MEMBERSHIP, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES SHALL BE UNDER THE POLICY DIRECTION OF THE BOARD OF HUMAN SERVICES, TO PROVIDE FOR THE APPOINTMENT OF THE EXECUTIVE DIRECTOR OF HUMAN SERVICES BY THE BOARD OF HUMAN SERVICES AND PRESCRIBE HIS QUALIFICATIONS AND RESPONSIBILITIES, AND IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-1-1, Mississippi Code of 1972, is amended as follows:
43-1-1. (1) The Department
of Human Services shall be the State Department of Public Welfare and shall
retain all powers and duties as granted to the State Department of Public
Welfare. Wherever the term "State Department of Public Welfare" or
"State Board of Public Welfare" or "State Board of Human
Services" appears in any law, the same shall mean the Department of
Human Services. * * *
(2) There is created the Mississippi Board of Human Services, which shall consist of ten (10) members, four (4) to be appointed by the Governor, with one (1) from each congressional district; three (3) to be appointed by the Lieutenant Governor; and three (3) to be appointed by the Speaker of the House. All initial and later appointments to the board shall be confirmed by the Senate.
(a) The board shall be composed of persons with extensive knowledge of or practical experience with the Department of Human Services. No board member shall be an elected official of the State of Mississippi or a political subdivision of the state. One (1) of these members shall be an individual who has received services from the Department of Human Services in the past, one (1) shall have knowledge of federal and state-funding issues, one (1) shall have experience with the federal CCDF program, and one (1) shall have knowledge of TANF and SNAP programs. Three (3) of these members must hold a current or past license as a master's level social worker and have some experience with vulnerable adults and children; one (1) shall be an attorney with background in human services issues.
(b) The initial members of the board shall be appointed for staggered terms. No person shall be appointed to the board for more than two (2) consecutive terms.
(c) Any vacancy on the board before the expiration of a term shall be filled by appointment of the Governor and shall be confirmed by the Senate. The person appointed to fill the vacancy shall serve for the remainder of the unexpired term and must fulfill the requirements in paragraph (b) of this subsection.
(d) The members of the board shall select one (1) member to serve as chairperson of the board at the first meeting. The board shall select a chairperson once every two (2) years, and any person who has previously served as chairperson may be reelected as chairperson, but not for more than two (2) consecutive terms.
(e) Six (6) members of the board shall constitute a quorum for the transaction of any business of the board. The board shall hold regular monthly meetings, and other meetings as may be necessary for the purpose of conducting such business as may be required. All meetings shall be called by the chairperson or by a majority of the members of the board, except the first meeting, which shall be called by the Governor. Any member who does not attend three (3) consecutive regular meetings of the board, except for illness, shall be subject to removal by a majority vote of the members of the board.
(f) Members of the board shall receive the per diem authorized under Section 25-3-69 for each day spent actually discharging their official duties, and shall receive reimbursement for mileage and necessary travel expenses incurred as provided in Section 25-3-41.
( * * *3) This section shall stand repealed
on July 1, 2023.
SECTION 2. 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 * * *
State Board of Human Services.
(2) The chief
administrative officer of the department shall be the Executive Director of
Human Services. * * *
The executive director shall be appointed by the board and shall be
confirmed by the Senate. The executive director shall serve at the will and
pleasure of the board.
(a) * * * The executive director
shall possess the following qualifications, which shall be certified by the
State Personnel Board: (i) strong administrative ability; (ii) knowledge
related to the fields of services provided by the department; (iii)
understanding of the legislative process; and (iv) knowledge of state- and
federal-funding streams.
Those qualifications shall be certified by the State Personnel Board.
(b) * * * The Executive
Director shall serve as secretary and executive officer of the board. The
Executive Director shall be vested with all the authority of the board when it
is not in session, and shall be subject to such rules and regulations as may be
prescribed by the board. The Executive Director shall be responsible to the
board for the proper administration of all programs under the jurisdiction of
the department. Whenever the Executive Director is given any duty or authority
by law, the Executive Director shall exercise that duty or authority in accordance
with the rules, regulations and policies adopted by the board.
(c) The salary of the Executive Director shall be set by the board, subject to the approval of the State Personnel Board.
(3) 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. The committee shall meet once each quarter, or upon the call of the chairman at such times as he deems necessary or advisable, and may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the Mississippi 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. 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) The Department of Human Services with the approval of the State Board 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.
(5) The Executive Director with the approval of the State Board of Human Services 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 Family Children's Services;
(b) Office of Youth Services;
(c) Office of Economic Assistance;
(d) Office of Child Support Enforcement; or
(e) 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 which fall under paragraphs (a) and (b) above.
(6) The Executive Director of Human Services with the approval of the State Board 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.
(7) This section shall stand repealed on July 1, 2023.
SECTION 3. Section 43-1-3, Mississippi Code of 1972, is amended as follows:
43-1-3. Notwithstanding the authority granted under subsection (4)(d) of Section 43-1-2, the Department of Human Services, the State Board of Human Services or the Executive Director of Human Services shall not be authorized to delegate, privatize or otherwise enter into a contract with a private entity for the operation of any office, bureau or division of the department, as defined in Section 7-17-11, without specific authority to do so by general act of the Legislature. However, nothing in this section shall be construed to invalidate (a) any contract of the department that is in place and operational before January 1, 1994; or (b) the continued renewal of any such contract with the same entity upon the expiration of the contract; or (c) the execution of a contract with another legal entity as a replacement of any such contract that is expiring, provided that the replacement contract is substantially the same as the expiring contract. Nothing in this section shall prohibit the Department of Human Services or the Executive Director of Human Services from entering into any contract with vendors or contractors intended to improve performance, reduce costs or increase efficiency, so long as the contract remains under the supervision or control of an office, bureau or division of the department, and provided that no county office of the department may be closed unless the Legislature specifically authorizes its closure in advance of the closure.
This section shall stand repealed on July 1, 2023.
SECTION 4. Section 43-1-4, Mississippi Code of 1972, is amended as follows:
43-1-4. The Department of Human Services with the approval of the State Board 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 conduct a background investigation on every employee, contractor, subcontractor and volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, (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 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 5. Section 43-1-5, Mississippi Code of 1972, is amended as follows:
43-1-5. It shall be the duty of the Department of Human Services with the approval of the State Board of Human Services to:
(1) Establish and maintain programs not inconsistent with the terms of this chapter and the rules, regulations and policies of the Department of Human Services, and publish the rules and regulations of the department pertaining to such programs.
(2) Make such reports in such form and containing such information as the federal government may, from time to time, require, and comply with such provisions as the federal government may, from time to time, find necessary to assure the correctness and verification of such reports.
(3) Within ninety (90) days after the end of each fiscal year, and at each regular session of the Legislature, make and publish one (1) report to the Governor and to the Legislature, showing for the period of time covered, in each county and for the state as a whole:
(a) The total number of recipients;
(b) The total amount paid to them in cash;
(c) The maximum and the minimum amount paid to any recipients in any one (1) month;
(d) The total number of applications;
(e) The number granted;
(f) The number denied;
(g) The number cancelled;
(h) The amount expended for administration of the provisions of this chapter;
(i) The amount of money received from the federal government, if any;
(j) The amount of money received from recipients of assistance and from their estates and the disposition of same;
(k) Such other information and recommendations as the Governor may require or the department shall deem advisable;
(l) The number of state-owned automobiles purchased and operated during the year by the department, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile and depreciation estimate on each automobile;
(m) The cost per mile and total number of miles traveled by department employees in privately owned automobiles, for which reimbursement is made out of state funds;
(n) Each association, convention or meeting attended by any department employees, the purposes thereof, the names of the employees attending and the total cost to the state of such convention, association or meeting;
(o) How the money appropriated to the institutions under the jurisdiction of the department has been expended during the preceding year, beginning and ending with the fiscal year of each institution, exhibiting the salaries paid to officers and employees of the institutions, and each and every item of receipt and expenditure;
(p) The activities of each office within the Department of Human Services and recommendations for improvement of the services to be performed by each division.
Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year, and if any property belonging to the state or the institution is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such reports shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each division and institution of the department.
This section shall stand repealed on July 1, 2023.
SECTION 6. This act shall take effect and be in force from and after July 1, 2020.
