Department of Human Services; create a board of directors to assist and oversee the executive director in governing the department.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Rosebud

HOUSE BILL NO. 1410

AN ACT TO AMEND SECTION 43-1-2, MISSISSIPPI CODE OF 1972, TO 1
CREATE A BOARD OF DIRECTORS FOR THE DEPARTMENT OF HUMAN SERVICES; 2
TO PROVIDE THE MAKEUP OF THE BOARD; TO PROVIDE THAT THE BOARD OF 3
DIRECTORS SHALL ASSIST AND OVERSEE THE EXECUTIVE DIRECTOR IN 4
GOVERNING THE DEPARTMENT; TO REQUIRE THE EXECUTIVE DIRECTOR TO 5
MEET WITH THE JOINT OVERSIGHT COMMITTEE OF THE DEPARTMENT AT ALL 6
OF ITS MEETINGS AND PROVIDE SUCH INFORMATION AS REQUESTED AND 7
ANSWER SUCH QUESTIONS AS PRESENTED BY THE COMMITTEE ABOUT THE 8
DEPARTMENT; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Section 43-1-2, Mississippi Code of 1972, is 11
amended as follows: 12
43-1-2. (1) There is created the Mississippi Department of 13
Human Services, whose offices shall be located in Jackson, 14
Mississippi, and which shall be under the policy direction of the 15
Governor. 16
(2) The chief administrative officer of the department shall 17
be the Executive Director of Human Services. The Governor shall 18
appoint the Executive Director of Human Services with the advice 19
and consent of the Senate, and he or she shall serve at the will 20
and pleasure of the Governor, and until his or her successor is 21
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appointed and qualified. The Executive Director of Human Services 22
shall possess the following qualifications: 23
(a) A bachelor's degree from an accredited institution 24
of higher learning and ten (10) years' experience in management, 25
public administration, finance or accounting; or 26
(b) A master's or doctoral degree from an accredited 27
institution of higher learning and five (5) years' experience in 28
management, public administration, finance or accounting. 29
Those qualifications shall be certified by the State 30
Personnel Board. 31
(3) (a) There shall be a Joint Oversight Committee of the 32
Department of Human Services composed of the respective Chairmen 33
of the Senate Public Health and Welfare Committee, the Senate 34
Appropriations Committee, the House Public Health and Human 35
Services Committee and the House Appropriations Committee, three 36
(3) members of the Senate appointed by the Lieutenant Governor to 37
serve at the will and pleasure of the Lieutenant Governor, and 38
three (3) members of the House of Representatives appointed by the 39
Speaker of the House to serve at the will and pleasure of the 40
Speaker. The chairmanship of the committee shall alternate for 41
twelve-month periods between the Senate members and the House 42
members, on May 1 of each year, with the Chairman of the Senate 43
Public Health and Welfare Committee serving as chairman beginning 44
in even-numbered years, and the Chairman of the House Public 45
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Health and Human Services Committee serving as chairman beginning 46
in odd-numbered years. 47
(b) The committee shall meet once each quarter, * * * 48
and upon the call of the chairman at such additional times as he 49
or she deems necessary or advisable * * *. At all such meetings, 50
the Executive Director of Human Services shall meet with the 51
committee and provide such information as requested and answer 52
such questions as presented by the committee about the operation 53
of the department, the programs of the department, the budget of 54
the department, and the expenditures of the department. The 55
committee may make recommendations to the Legislature pertaining 56
to any matter within the jurisdiction of the * * * Department of 57
Human Services. The appointing authorities may designate an 58
alternate member from their respective houses to serve when the 59
regular designee is unable to attend such meetings of the 60
oversight committee. 61
(c) For attending meetings of the oversight committee, 62
such legislators shall receive per diem and expenses which shall 63
be paid from the contingent expense funds of their respective 64
houses in the same amounts as provided for committee meetings when 65
the Legislature is not in session; however, no per diem and 66
expenses for attending meetings of the committee will be paid 67
while the Legislature is in session. No per diem and expenses 68
will be paid except for attending meetings of the oversight 69
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committee without prior approval of the proper committee in their 70
respective houses. 71
(4) (a) From and after July 1, 2026, there is created the 72
Board of Directors of the Department of Human Services, which 73
shall consist of four (4) persons appointed by the Governor, and 74
three (3) persons appointed by the Lieutenant Governor, each with 75
the advice and consent of the Senate, and each of whom shall be a 76
qualified elector of the State of Mississippi. Notwithstanding 77
any other provision of law to the contrary, the board of directors 78
shall assist and oversee the Executive Director of Human Services 79
in governing the department, and the executive director shall 80
consult with the board of directors before making any major 81
decisions affecting any program of the department or any policy of 82
the department. 83
(b) Initial appointments to the board of directors 84
shall be made by August 1, 2026. The Governor shall make initial 85
appointments of two (2) members for two (2) years, one (1) member 86
for three (3) years, and one (1) member for four (4) years, to be 87
designated at the time of appointment. The Lieutenant Governor 88
shall make initial appointments of one (1) member for two (2) 89
years, one (1) member for three (3) years, and one (1) member for 90
four (4) years, to be designated at the time of appointment. 91
Thereafter, the terms of the members shall be for four (4) years 92
from the expiration date of the previous term and until their 93
successors are appointed and qualified. In the event of a vacancy 94
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during the term of office of an incumbent, the appointing 95
authority shall fill such vacancy for the unexpired portion of the 96
term. 97
(c) The board of directors shall organize by selecting 98
annually from its members a chair and a vice chair, and may do all 99
things as necessary for carrying out the provisions of this 100
chapter and the powers and duties of the department under any 101
other provisions of law. Each member of the board shall receive a 102
per diem as provided in Section 25-3-69, plus travel and 103
reasonable and necessary expenses incidental to the attendance at 104
each meeting as provided in Section 25-3-41, including mileage. 105
(5) The Department of Human Services shall provide the 106
services authorized by law to every individual determined to be 107
eligible therefor, and in carrying out the purposes of the 108
department, the executive director is authorized: 109
(a) To formulate the policy of the department regarding 110
human services within the jurisdiction of the department; 111
(b) To adopt, modify, repeal and promulgate, after due 112
notice and hearing, and where not otherwise prohibited by federal 113
or state law, to make exceptions to and grant exemptions and 114
variances from, and to enforce rules and regulations implementing 115
or effectuating the powers and duties of the department under any 116
and all statutes within the department's jurisdiction, all of 117
which shall be binding upon the county departments of human 118
services; 119
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(c) To apply for, receive and expend any federal or 120
state funds or contributions, gifts, devises, bequests or funds 121
from any other source; 122
(d) Except as limited by Section 43-1-3, to enter into 123
and execute contracts, grants and cooperative agreements with any 124
federal or state agency or subdivision thereof, or any public or 125
private institution located inside or outside the State of 126
Mississippi, or any person, corporation or association in 127
connection with carrying out the programs of the department; and 128
(e) To discharge such other duties, responsibilities 129
and powers as are necessary to implement the programs of the 130
department. 131
( * * *6) The executive director shall establish the 132
organizational structure of the Mississippi Department of Human 133
Services which shall include the creation of any units necessary 134
to implement the duties assigned to the department and consistent 135
with specific requirements of law, including, but not limited to: 136
(a) Division of Youth Services; 137
(b) Office of Economic Programs; 138
(c) Office of Child Support Enforcement; or 139
(d) Office of Field Operations to administer any state 140
or county level programs under the purview of the Mississippi 141
Department of Human Services, with the exception of programs that 142
fall under paragraph (a) of this subsection. 143
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ST: Department of Human Services; create a
board of directors to assist and oversee the
executive director in governing the department.
( * * *7) The Executive Director of Human Services shall 144
appoint heads of offices, bureaus and divisions, as defined in 145
Section 7-17-11, who shall serve at the pleasure of the executive 146
director. The salary and compensation of such office, bureau and 147
division heads shall be subject to the rules and regulations 148
adopted and promulgated by the State Personnel Board as created 149
under Section 25-9-101 et seq. The executive director shall have 150
the authority to organize offices as deemed appropriate to carry 151
out the responsibilities of the department. The organization 152
charts of the department shall be presented annually with the 153
budget request of the Governor for review by the Legislature. 154
( * * *8) This section shall stand repealed on July 1, 2026. 155
SECTION 2. This act shall take effect and be in force from 156
and after July 1, 2026. 157