Bill Text: MS SB2369 | 2023 | Regular Session | Enrolled
Bill Title: Department of Human Services; extend repealers and revise certain applicable sections.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-03-30 - Approved by Governor [SB2369 Detail]
Download: Mississippi-2023-SB2369-Enrolled.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Public Health and Welfare
By: Senator(s) Bryan
Senate Bill 2369
(As Sent to Governor)
AN ACT TO AMEND SECTIONS 43-1-1, 43-1-2, 43-1-3, 43-1-5 AND 43-27-20, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALERS ON CERTAIN STATUTES RELATING TO THE ADMINISTRATION OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; TO UPDATE THE ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT AND THE DUTIES OF THE OFFICE OF COMMUNITY SERVICES WITHIN THE DIVISION OF YOUTH SERVICES OF THE DEPARTMENT; TO PROVIDE THAT CERTAIN EMPLOYEES OF THE DEPARTMENT OF HUMAN SERVICES WHO ARE TERMINATED FROM EMPLOYMENT SHALL BE PROHIBITED FROM RECEIVING EMPLOYMENT FROM ANOTHER STATE AGENCY, DEPARTMENT OR INSTITUTION; 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" appears in any law, the same shall mean the Department of Human Services. The Executive Director of Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.
(2) This section shall
stand repealed on July 1, * * *2027 2026.
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 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 shall serve at the will and pleasure of the Governor, and until his 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) 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 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 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 * * * Programs;
( * * *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.
(6) 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.
(7) This section shall
stand repealed on July 1, * * *2027 2026.
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 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, * * *
2026.
SECTION 4. 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 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, * * *
2026.
SECTION 5. Section 43-27-20, Mississippi Code of 1972, is amended as follows:
43-27-20. (a) Within the * * * Division of Youth Services
there shall be * * * an Office of Community Services, which shall
be headed by a director appointed by and responsible to the Director of the * * * Division of Youth Services. * * *
Each director shall hold a master's degree in social work or a related
field and shall have no less than three (3) years' experience in social
services, or in lieu of such degree and experience, * * *
the director shall have a minimum of eight (8) years' experience in
social work or a related field. * * *
Each director shall employ and assign the community workers to serve in
the various areas in the state and any other supporting personnel necessary to
carry out the duties of the * * * Office
of Community Services.
(b) The Director of the * * *
Office of Community Services shall assign probation and aftercare
workers to the youth court or family court judges of the various court
districts upon the request of the individual judge on the basis of caseload and
need, when funds are available. * * *
The Director of the * * * Office of Community Services is
authorized to assign a youth services counselor to * * * various
court districts upon the approval of the * * *
appropriate judge * * * and the Director of
the Division of Youth Services. * * *
(c) Any counties or cities
which, on July 1, 1973, have court counselors or similar personnel may continue
using this personnel or may choose to come within the statewide framework.
(d) A probation and aftercare worker may be transferred by the division from one (1) court to another after consultation with the judge or judges in the court to which the employee is currently assigned.
(e) The * * *
Office of Community Services shall have such duties as the * * *
Division of Youth Services shall assign to it which shall include, but
not be limited to, the following:
( * * *i) Preparing the social, educational
and home-life history and other diagnostic reports on the child for the benefit
of the court or the training school; however, this provision shall not abridge
the power of the court to require similar services from other agencies, according
to law.
( * * *ii) Serving in counseling capacities
with the youth or family courts.
( * * *iii) Serving as probation agents for
the youth or family courts.
( * * *iv) Serving, advising and counseling
of children * * * under the control
of the Division of * * * Youth Services as
may be necessary to the placement of the children in their proper
environment * * * upon release and the placement of
children in suitable jobs where necessary and proper.
( * * *v) Supervising and guiding of children
released or conditionally released from institutions under the control of the Division
of * * *
Youth Services.
* * *
( * * *vi) Coordinating the activities of supporting
community agencies which aid in the social adjustment of children released from
the institution and in an aftercare program.
( * * *vii) Providing * * * linkage and/or referral for services leading to
the rehabilitation of delinquents, either within the division or through
cooperative arrangements with other appropriate agencies.
( * * *viii) Providing counseling and
supervision for any child under ten (10) years of age who has been brought to
the attention of the court when other suitable personnel is not available and
upon request of the court concerned.
( * * *ix) Supervising the completion of
aftercare programs * * * and/or
making revocation investigations at the request of the court.
( * * *x) * * * Implementing
a Standardized Risk Assessment Tool for use in the community.
( * * *xi) * * * Developing and implementing a
graduated sanctions policy for use within the community.
(e) This section shall
stand repealed on July 1, * * * 2026.
SECTION 6. Notwithstanding any other provision of law to the contrary, an employee of the Department of Human Services whose employment was effectuated, in whole or in part, with funds received from a grant or contract issued by the State of Mississippi or the United States of America, who was terminated from such employment, shall be prohibited from receiving employment from any other agency, department or institution of the state that uses funds from the same grant or contract to employ personnel.
SECTION 7. This act shall take effect and be in force from and after July 1, 2023.
