DMH; require to promulgate performance standards and perform periodic audits to assess community mental health centers.

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To: Public Health and Human
Services; Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Creekmore IV

HOUSE BILL NO. 560

AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH SHALL DEVELOP AND 2
PROMULGATE A RATING SCALE WITH PERFORMANCE STANDARDS TO USE IN 3
PERFORMANCE AUDITS OF COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE 4
THE DEPARTMENT TO DEVELOP AND PROMULGATE THE PERFORMANCE STANDARDS 5
BY JUNE 30, 2027; TO PROVIDE THAT THE DEPARTMENT SHALL BEGIN 6
CONDUCTING PERFORMANCE AUDITS DURING FISCAL YEAR 2028; TO REQUIRE 7
THE DEPARTMENT TO PERFORM A PERFORMANCE AUDIT OF EACH COMMUNITY 8
MENTAL HEALTH CENTER AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE 9
THAT THE DEPARTMENT SHALL PLACE ON A SIX-MONTH PROBATIONARY PERIOD 10
REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS THAT DO 11
NOT ACHIEVE A PASSING SCORE ON A PERFORMANCE AUDIT; TO PROVIDE 12
THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A 13
PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY 14
PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL 15
HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS 16
IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE THAT THE 17
CONTRACTOR OR CONTRACTORS SHALL REMAIN IN PLACE UNTIL THE 18
DEPARTMENT DETERMINES THAT THE COMMUNITY MENTAL HEALTH CENTER HAS 19
ATTAINED SUSTAINED COMPLIANCE WITH THE PERFORMANCE STANDARDS; TO 20
PROVIDE THAT NO RULES, REGULATIONS, OPERATIONAL STANDARDS, 21
PERFORMANCE STANDARDS OR OTHER STANDARDS PROMULGATED BY THE BOARD 22
OF MENTAL HEALTH OR THE DEPARTMENT SHALL BE CONSTRUED TO CREATE A 23
CAUSE OF ACTION; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 24
1972, TO EXEMPT FROM PUBLIC PROCUREMENT REVIEW BOARD APPROVAL ANY 25
PERSONAL OR PROFESSIONAL SERVICES CONTRACT ENTERED INTO BY THE 26
DEPARTMENT OF MENTAL HEALTH IN CARRYING OUT ITS RESPONSIBILITIES 27
SET FORTH IN SECTION 41-4-7(MM); AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. Section 41-4-7, Mississippi Code of 1972, is 30
amended as follows: 31
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41-4-7. The State Board of Mental Health shall have the 32
following powers and duties: 33
(a) To appoint, with the advice and consent of the 34
Senate, a full-time Executive Director of the Department of Mental 35
Health, who shall be employed by the board and shall serve as 36
executive secretary to the board. The executive director shall 37
serve for a term of four (4) years, consistent with the provisions 38
of Section 7-1-35, Mississippi Code of 1972. The first director 39
shall be a duly licensed physician with special interest and 40
competence in psychiatry, and shall possess a minimum of three (3) 41
years' experience in clinical and administrative psychiatry. 42
Subsequent directors shall possess at least a master's degree or 43
its equivalent, and shall possess at least ten (10) years' 44
administrative experience in the field of mental health. The 45
salary of the executive director shall be determined by the board; 46
(b) To appoint a Medical Director for the Department of 47
Mental Health. The medical director shall provide clinical 48
oversight in the implementation of evidence-based and best 49
practices; provide clinical leadership in the integration of 50
mental health, intellectual disability and addiction services with 51
community partners in the public and private sectors; and provide 52
oversight regarding standards of care. The medical director shall 53
serve at the will and pleasure of the board, and will undergo an 54
annual review of job performance and future service to the 55
department; 56
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(c) To establish and implement its state strategic 57
plan; 58
(d) To develop a strategic plan for the development of 59
services for persons with mental illness, persons with 60
developmental disabilities and other clients of the public mental 61
health system. Such strategic planning program shall require that 62
the board, acting through the Strategic Planning and Best 63
Practices Committee, perform the following functions respecting 64
the delivery of services: 65
(i) Establish measures for determining the 66
efficiency and effectiveness of the services specified in Section 67
41-4-1(2); 68
(ii) Conducting studies of community-based care in 69
other jurisdictions to determine which services offered in these 70
jurisdictions have the potential to provide the citizens of 71
Mississippi with more effective and efficient community-based 72
care; 73
(iii) Evaluating the efficiency and effectiveness 74
of the services specified in Section 41-4-1(2); 75
(iv) Recommending to the Legislature by January 1, 76
2014, any necessary additions, deletions or other changes 77
necessary to the services specified in Section 41-4-1(2); 78
(v) Implementing by July 1, 2012, a system of 79
performance measures for the services specified in Section 80
41-4-1(2); 81
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(vi) Recommending to the Legislature any changes 82
that the department believes are necessary to the current laws 83
addressing civil commitment; 84
(vii) Conducting any other activities necessary to 85
the evaluation and study of the services specified in Section 86
41-4-1(2); 87
(viii) Assisting in conducting all necessary 88
strategic planning for the delivery of all other services of the 89
department. Such planning shall be conducted so as to produce a 90
single strategic plan for the services delivered by the public 91
mental health system and shall establish appropriate mission 92
statements, goals, objectives and performance indicators for all 93
programs and services of the public mental health system. For 94
services other than those specified in Section 41-4-1(2), the 95
committee shall recommend to the State Board of Mental Health a 96
strategic plan that the board may adopt or modify; 97
(e) To set up state plans for the purpose of 98
controlling and treating any and all forms of mental and emotional 99
illness, alcoholism, drug misuse and developmental disabilities; 100
(f) [Repealed] 101
(g) To enter into contracts with any other state or 102
federal agency, or with any private person, organization or group 103
capable of contracting, if it finds such action to be in the 104
public interest; 105
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(h) To collect reasonable fees for its services; 106
however, if it is determined that a person receiving services is 107
unable to pay the total fee, the department shall collect no more 108
than the amount such person is able to pay; 109
(i) To certify, coordinate and establish minimum 110
standards and establish minimum required services, as specified in 111
Section 41-4-1(2), for regional mental health and intellectual 112
disability commissions and other community service providers for 113
community or regional programs and services in adult mental 114
health, children and youth mental health, intellectual 115
disabilities, alcoholism, drug misuse, developmental disabilities, 116
compulsive gambling, addictive disorders and related programs 117
throughout the state. Such regional mental health and 118
intellectual disability commissions and other community service 119
providers shall, on or before July 1 of each year, submit an 120
annual operational plan to the State Department of Mental Health 121
for approval or disapproval based on the minimum standards and 122
minimum required services established by the department for 123
certification and itemize the services specified in Section 124
41-4-1(2), including financial statements. As part of the annual 125
operation plan required by this paragraph (i) submitted by any 126
regional community mental health center or by any other reasonable 127
certification deemed acceptable by the department, the community 128
mental health center shall state those services specified in 129
Section 41-4-1(2) that it will provide and also those services 130
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that it will not provide. If the department finds deficiencies in 131
the plan of any regional commission or community service provider 132
based on the minimum standards and minimum required services 133
established for certification, the department shall give the 134
regional commission or community service provider a six-month 135
probationary period to bring its standards and services up to the 136
established minimum standards and minimum required services. The 137
regional commission or community service provider shall develop a 138
sustainability business plan within thirty (30) days of being 139
placed on probation, which shall be signed by all commissioners 140
and shall include policies to address one or more of the 141
following: the deficiencies in programmatic services, clinical 142
service staff expectations, timely and appropriate billing, 143
processes to obtain credentialing for staff, monthly reporting 144
processes, third-party financial reporting and any other required 145
documentation as determined by the department. After the 146
six-month probationary period, if the department determines that 147
the regional commission or community service provider still does 148
not meet the minimum standards and minimum required services 149
established for certification, the department may remove the 150
certification of the commission or provider and from and after 151
July 1, 2011, the commission or provider shall be ineligible for 152
state funds from Medicaid reimbursement or other funding sources 153
for those services. However, the department shall not mandate a 154
standard or service, or decertify a regional commission or 155
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community service provider for not meeting a standard or service, 156
if the standard or service does not have funding appropriated by 157
the Legislature or have a state, federal or local funding source 158
identified by the department. No county shall be required to levy 159
millage to provide a mandated standard or service above the 160
minimum rate required by Section 41-19-39. After the six-month 161
probationary period, the department may identify an appropriate 162
community service provider to provide any core services in that 163
county that are not provided by a community mental health center. 164
However, the department shall not offer reimbursement or other 165
accommodations to a community service provider of core services 166
that were not offered to the decertified community mental health 167
center for the same or similar services. The State Board of 168
Mental Health shall promulgate rules and regulations necessary to 169
implement the provisions of this paragraph (i), in accordance with 170
the Administrative Procedures Law (Section 25-43-1.101 et seq.); 171
(j) To establish and promulgate reasonable minimum 172
standards for the construction and operation of state and all 173
Department of Mental Health certified facilities, including 174
reasonable minimum standards for the admission, diagnosis, care, 175
treatment, transfer of patients and their records, and also 176
including reasonable minimum standards for providing day care, 177
outpatient care, emergency care, inpatient care and follow-up 178
care, when such care is provided for persons with mental or 179
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emotional illness, an intellectual disability, alcoholism, drug 180
misuse and developmental disabilities; 181
(k) To implement best practices for all services 182
specified in Section 41-4-1(2), and to establish and implement all 183
other services delivered by the Department of Mental Health. To 184
carry out this responsibility, the board shall require the 185
department to establish a division responsible for developing best 186
practices based on a comprehensive analysis of the mental health 187
environment to determine what the best practices for each service 188
are. In developing best practices, the board shall consider the 189
cost and benefits associated with each practice with a goal of 190
implementing only those practices that are cost-effective 191
practices for service delivery. Such best practices shall be 192
utilized by the board in establishing performance standards and 193
evaluations of the community mental health centers' services 194
required by paragraph (d) of this section; 195
(l) To assist community or regional programs consistent 196
with the purposes of this chapter by making grants and contracts 197
from available funds; 198
(m) To establish and collect reasonable fees for 199
necessary inspection services incidental to certification or 200
compliance; 201
(n) To accept gifts, trusts, bequests, grants, 202
endowments or transfers of property of any kind; 203
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(o) To receive monies coming to it by way of fees for 204
services or by appropriations; 205
(p) To serve as the single state agency in receiving 206
and administering any and all funds available from any source for 207
the purpose of service delivery, training, research and education 208
in regard to all forms of mental illness, intellectual 209
disabilities, alcoholism, drug misuse and developmental 210
disabilities, unless such funds are specifically designated to a 211
particular agency or institution by the federal government, the 212
Mississippi Legislature or any other grantor; 213
(q) To establish mental health holding centers for the 214
purpose of providing short-term emergency mental health treatment, 215
places for holding persons awaiting commitment proceedings or 216
awaiting placement in a state mental health facility following 217
commitment, and for diverting placement in a state mental health 218
facility. These mental health holding facilities shall be readily 219
accessible, available statewide, and be in compliance with 220
emergency services' minimum standards. They shall be 221
comprehensive and available to triage and make appropriate 222
clinical disposition, including the capability to access inpatient 223
services or less restrictive alternatives, as needed, as 224
determined by medical staff. Such facility shall have medical, 225
nursing and behavioral services available on a 226
twenty-four-hour-a-day basis. The board may provide for all or 227
part of the costs of establishing and operating the holding 228
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centers in each district from such funds as may be appropriated to 229
the board for such use, and may participate in any plan or 230
agreement with any public or private entity under which the entity 231
will provide all or part of the costs of establishing and 232
operating a holding center in any district; 233
(r) To certify/license case managers, mental health 234
therapists, intellectual disability therapists, mental 235
health/intellectual disability program administrators, addiction 236
counselors and others as deemed appropriate by the board. Persons 237
already professionally licensed by another state board or agency 238
are not required to be certified/licensed under this section by 239
the Department of Mental Health. The department shall not use 240
professional titles in its certification/licensure process for 241
which there is an independent licensing procedure. Such 242
certification/licensure shall be valid only in the state mental 243
health system, in programs funded and/or certified by the 244
Department of Mental Health, and/or in programs certified/licensed 245
by the State Department of Health that are operated by the state 246
mental health system serving persons with mental illness, an 247
intellectual disability, a developmental disability or addictions, 248
and shall not be transferable; 249
(s) To develop formal mental health worker 250
qualifications for regional mental health and intellectual 251
disability commissions and other community service providers. The 252
State Personnel Board shall develop and promulgate a recommended 253
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salary scale and career ladder for all regional mental 254
health/intellectual disability center therapists and case managers 255
who work directly with clients. The State Personnel Board shall 256
also develop and promulgate a career ladder for all direct care 257
workers employed by the State Department of Mental Health; 258
(t) The employees of the department shall be governed 259
by personnel merit system rules and regulations, the same as other 260
employees in state services; 261
(u) To establish such rules and regulations as may be 262
necessary in carrying out the provisions of this chapter, 263
including the establishment of a formal grievance procedure to 264
investigate and attempt to resolve consumer complaints; 265
(v) To grant easements for roads, utilities and any 266
other purpose it finds to be in the public interest; 267
(w) To survey statutory designations, building markers 268
and the names given to mental health/intellectual disability 269
facilities and proceedings in order to recommend deletion of 270
obsolete and offensive terminology relative to the mental 271
health/intellectual disability system. Based upon a 272
recommendation of the executive director, the board shall have the 273
authority to name/rename any facility operated under the auspices 274
of the Department of Mental Health for the sole purpose of 275
deleting such terminology; 276
(x) To ensure an effective case management system 277
directed at persons who have been discharged from state and 278
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private psychiatric hospitals to ensure their continued well-being 279
in the community; 280
(y) To develop formal service delivery standards 281
designed to measure the quality of services delivered to community 282
clients, as well as the timeliness of services to community 283
clients provided by regional mental health/intellectual disability 284
commissions and other community services providers; 285
(z) To establish regional state offices to provide 286
mental health crisis intervention centers and services available 287
throughout the state to be utilized on a case-by-case emergency 288
basis. The regional services director, other staff and delivery 289
systems shall meet the minimum standards of the Department of 290
Mental Health; 291
(aa) To require performance contracts with community 292
mental health/intellectual disability service providers to contain 293
performance indicators to measure successful outcomes, including 294
diversion of persons from inpatient psychiatric hospitals, 295
rapid/timely response to emergency cases, client satisfaction with 296
services and other relevant performance measures; 297
(bb) To enter into interagency agreements with other 298
state agencies, school districts and other local entities as 299
determined necessary by the department to ensure that local mental 300
health service entities are fulfilling their responsibilities to 301
the overall state plan for behavioral services; 302
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(cc) To establish and maintain a toll-free grievance 303
reporting telephone system for the receipt and referral for 304
investigation of all complaints by clients of state and community 305
mental health/intellectual disability facilities; 306
(dd) To establish a peer review/quality assurance 307
evaluation system that assures that appropriate assessment, 308
diagnosis and treatment is provided according to established 309
professional criteria and guidelines; 310
(ee) To develop and implement state plans for the 311
purpose of assisting with the care and treatment of persons with 312
Alzheimer's disease and other dementia. This plan shall include 313
education and training of service providers, caregivers in the 314
home setting and others who deal with persons with Alzheimer's 315
disease and other dementia, and development of adult day care, 316
family respite care and counseling programs to assist families who 317
maintain persons with Alzheimer's disease and other dementia in 318
the home setting. No agency shall be required to provide any 319
services under this section until such time as sufficient funds 320
have been appropriated or otherwise made available by the 321
Legislature specifically for the purposes of the treatment of 322
persons with Alzheimer's and other dementia; 323
(ff) Working with the advice and consent of the 324
administration of Ellisville State School, to enter into 325
negotiations with the Economic Development Authority of Jones 326
County for the purpose of negotiating the possible exchange, lease 327
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or sale of lands owned by Ellisville State School to the Economic 328
Development Authority of Jones County. It is the intent of the 329
Mississippi Legislature that such negotiations shall ensure that 330
the financial interest of the persons with an intellectual 331
disability served by Ellisville State School will be held 332
paramount in the course of these negotiations. The Legislature 333
also recognizes the importance of economic development to the 334
citizens of the State of Mississippi and Jones County, and 335
encourages fairness to the Economic Development Authority of Jones 336
County. Any negotiations proposed which would result in the 337
recommendation for exchange, lease or sale of lands owned by 338
Ellisville State School must have the approval of the State Board 339
of Mental Health. The State Board of Mental Health may and has 340
the final authority as to whether or not these negotiations result 341
in the exchange, lease or sale of the properties it currently 342
holds in trust for persons with an intellectual disability served 343
at Ellisville State School. 344
If the State Board of Mental Health authorizes the sale of 345
lands owned by Ellisville State School, as provided for under this 346
paragraph (ff), the monies derived from the sale shall be placed 347
into a special fund that is created in the State Treasury to be 348
known as the "Ellisville State School Client's Trust Fund." The 349
principal of the trust fund shall remain inviolate and shall never 350
be expended. Any interest earned on the principal may be expended 351
solely for the benefits of clients served at Ellisville State 352
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School. The State Treasurer shall invest the monies of the trust 353
fund in any of the investments authorized for the Mississippi 354
Prepaid Affordable College Tuition Program under Section 37-155-9, 355
and those investments shall be subject to the limitations 356
prescribed by Section 37-155-9. Unexpended amounts remaining in 357
the trust fund at the end of a fiscal year shall not lapse into 358
the State General Fund, and any interest earned on amounts in the 359
trust fund shall be deposited to the credit of the trust fund. 360
The administration of Ellisville State School may use any interest 361
earned on the principal of the trust fund, upon appropriation by 362
the Legislature, as needed for services or facilities by the 363
clients of Ellisville State School. Ellisville State School shall 364
make known to the Legislature, through the Legislative Budget 365
Committee and the respective Appropriations Committees of the 366
House and Senate, its proposed use of interest earned on the 367
principal of the trust fund for any fiscal year in which it 368
proposes to make expenditures thereof. The State Treasurer shall 369
provide Ellisville State School with an annual report on the 370
Ellisville State School Client's Trust Fund to indicate the total 371
monies in the trust fund, interest earned during the year, 372
expenses paid from the trust fund and such other related 373
information. 374
Nothing in this section shall be construed as applying to or 375
affecting mental health/intellectual disability services provided 376
by hospitals as defined in Section 41-9-3(a), and/or their 377
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subsidiaries and divisions, which hospitals, subsidiaries and 378
divisions are licensed and regulated by the Mississippi State 379
Department of Health unless such hospitals, subsidiaries or 380
divisions voluntarily request certification by the Mississippi 381
State Department of Mental Health. 382
All new programs authorized under this section shall be 383
subject to the availability of funds appropriated therefor by the 384
Legislature; 385
(gg) Working with the advice and consent of the 386
administration of Boswell Regional Center, to enter into 387
negotiations with the Economic Development Authority of Simpson 388
County for the purpose of negotiating the possible exchange, lease 389
or sale of lands owned by Boswell Regional Center to the Economic 390
Development Authority of Simpson County. It is the intent of the 391
Mississippi Legislature that such negotiations shall ensure that 392
the financial interest of the persons with an intellectual 393
disability served by Boswell Regional Center will be held 394
paramount in the course of these negotiations. The Legislature 395
also recognizes the importance of economic development to the 396
citizens of the State of Mississippi and Simpson County, and 397
encourages fairness to the Economic Development Authority of 398
Simpson County. Any negotiations proposed which would result in 399
the recommendation for exchange, lease or sale of lands owned by 400
Boswell Regional Center must have the approval of the State Board 401
of Mental Health. The State Board of Mental Health may and has 402
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the final authority as to whether or not these negotiations result 403
in the exchange, lease or sale of the properties it currently 404
holds in trust for persons with an intellectual disability served 405
at Boswell Regional Center. In any such exchange, lease or sale 406
of such lands owned by Boswell Regional Center, title to all 407
minerals, oil and gas on such lands shall be reserved, together 408
with the right of ingress and egress to remove same, whether such 409
provisions be included in the terms of any such exchange, lease or 410
sale or not. 411
If the State Board of Mental Health authorizes the sale of 412
lands owned by Boswell Regional Center, as provided for under this 413
paragraph (gg), the monies derived from the sale shall be placed 414
into a special fund that is created in the State Treasury to be 415
known as the "Boswell Regional Center Client's Trust Fund." The 416
principal of the trust fund shall remain inviolate and shall never 417
be expended. Any earnings on the principal may be expended solely 418
for the benefits of clients served at Boswell Regional Center. 419
The State Treasurer shall invest the monies of the trust fund in 420
any of the investments authorized for the Mississippi Prepaid 421
Affordable College Tuition Program under Section 37-155-9, and 422
those investments shall be subject to the limitations prescribed 423
by Section 37-155-9. Unexpended amounts remaining in the trust 424
fund at the end of a fiscal year shall not lapse into the State 425
General Fund, and any earnings on amounts in the trust fund shall 426
be deposited to the credit of the trust fund. The administration 427
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of Boswell Regional Center may use any earnings on the principal 428
of the trust fund, upon appropriation by the Legislature, as 429
needed for services or facilities by the clients of Boswell 430
Regional Center. Boswell Regional Center shall make known to the 431
Legislature, through the Legislative Budget Committee and the 432
respective Appropriations Committees of the House and Senate, its 433
proposed use of the earnings on the principal of the trust fund 434
for any fiscal year in which it proposes to make expenditures 435
thereof. The State Treasurer shall provide Boswell Regional 436
Center with an annual report on the Boswell Regional Center 437
Client's Trust Fund to indicate the total monies in the trust 438
fund, interest and other income earned during the year, expenses 439
paid from the trust fund and such other related information. 440
Nothing in this section shall be construed as applying to or 441
affecting mental health/intellectual disability services provided 442
by hospitals as defined in Section 41-9-3(a), and/or their 443
subsidiaries and divisions, which hospitals, subsidiaries and 444
divisions are licensed and regulated by the Mississippi State 445
Department of Health unless such hospitals, subsidiaries or 446
divisions voluntarily request certification by the Mississippi 447
State Department of Mental Health. 448
All new programs authorized under this section shall be 449
subject to the availability of funds appropriated therefor by the 450
Legislature; 451
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(hh) Notwithstanding any other section of the code, the 452
Board of Mental Health shall be authorized to fingerprint and 453
perform a criminal history record check on every employee or 454
volunteer. Every employee and volunteer shall provide a valid 455
current social security number and/or driver's license number 456
which shall be furnished to conduct the criminal history record 457
check. If no disqualifying record is identified at the state 458
level, fingerprints shall be forwarded to the Federal Bureau of 459
Investigation for a national criminal history record check; 460
(ii) The Department of Mental Health shall have the 461
authority for the development of a consumer friendly single point 462
of intake and referral system within its service areas for persons 463
with mental illness, an intellectual disability, developmental 464
disabilities or alcohol or substance abuse who need assistance 465
identifying or accessing appropriate services. The department 466
will develop and implement a comprehensive evaluation procedure 467
ensuring that, where appropriate, the affected person or their 468
parent or legal guardian will be involved in the assessment and 469
planning process. The department, as the point of intake and as 470
service provider, shall have the authority to determine the 471
appropriate institutional, hospital or community care setting for 472
persons who have been diagnosed with mental illness, an 473
intellectual disability, developmental disabilities and/or alcohol 474
or substance abuse, and may provide for the least restrictive 475
placement if the treating professional believes such a setting is 476
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appropriate, if the person affected or * * * his or her parent or 477
legal guardian wants such services, and if the department can do 478
so with a reasonable modification of the program without creating 479
a fundamental alteration of the program. The least restrictive 480
setting could be an institution, hospital or community setting, 481
based upon the needs of the affected person or * * * his or her 482
parent or legal guardian; 483
(jj) To have the sole power and discretion to enter 484
into, sign, execute and deliver long-term or multiyear leases of 485
real and personal property owned by the Department of Mental 486
Health to and from other state and federal agencies and private 487
entities deemed to be in the public's best interest. Any monies 488
derived from such leases shall be deposited into the funds of the 489
Department of Mental Health for its exclusive use. Leases to 490
private entities shall be approved by the Department of Finance 491
and Administration, and all leases shall be filed with the 492
Secretary of State; 493
(kk) To certify and establish minimum standards and 494
minimum required services for county facilities used for housing, 495
feeding and providing medical treatment for any person who has 496
been involuntarily ordered admitted to a treatment center by a 497
court of competent jurisdiction. The minimum standard for the 498
initial assessment of those persons being housed in county 499
facilities is for the assessment to be performed by a physician, 500
preferably a psychiatrist, or by a nurse practitioner, preferably 501
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a psychiatric nurse practitioner. If the department finds 502
deficiencies in any such county facility or its provider based on 503
the minimum standards and minimum required services established 504
for certification, the department shall give the county or its 505
provider a six-month probationary period to bring its standards 506
and services up to the established minimum standards and minimum 507
required services. After the six-month probationary period, if 508
the department determines that the county or its provider still 509
does not meet the minimum standards and minimum required services, 510
the department may remove the certification of the county or 511
provider and require the county to contract with another county 512
having a certified facility to hold those persons for that period 513
of time pending transportation and admission to a state treatment 514
facility. Any cost incurred by a county receiving an 515
involuntarily committed person from a county with a decertified 516
holding facility shall be reimbursed by the home county to the 517
receiving county; * * * 518
(ll) To provide orientation training to all new 519
commissioners of regional commissions and annual training for all 520
commissioners with continuing education regarding the Mississippi 521
mental health system and services as developed by the State 522
Department of Mental Health. Training shall be provided at the 523
expense of the department except for travel expenses which shall 524
be paid by the regional commission * * *; 525
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(mm) To assess the performance of the community mental 526
health centers, the Department of Mental Health shall develop and 527
promulgate a rating scale with performance standards to use in 528
performance audits. The performance standards shall identify the 529
data that the community mental health centers must provide to the 530
department to enable the department to assess their performance. 531
The department shall develop and promulgate the performance 532
standards by June 30, 2027. The department shall begin conducting 533
performance audits during fiscal year 2028. The department shall 534
conduct a performance audit of each community mental health center 535
at least once every two (2) years. If the community mental health 536
center does not achieve a passing score on a performance audit, 537
the department shall give the regional commission or community 538
mental health center a six-month probationary period to achieve a 539
passing score. If the community mental health center does not 540
achieve a passing score on the performance audit after the 541
six-month probationary period, the regional commission shall 542
replace the community mental health center's executive director 543
and any other officers identified by the department with 544
contractors selected by the department to operate the community 545
mental health center. The department shall be the party that 546
contracts with the contractors, and the contractors shall report 547
to the department. 548
The contractor(s) selected by the department shall have the 549
full powers and authority possessed by the officer he or she 550
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replaces. The contractor(s) shall remain in place until the 551
department determines in its reasonable judgment that the 552
community mental health center has attained sustained compliance 553
with the performance standards. The contractor(s) shall 554
periodically report to the department on the progress being made 555
by the community mental health center. Once the department 556
determines that the community mental health center has come back 557
into compliance, the community mental health center shall have a 558
six-month period to demonstrate continued compliance. If the 559
community mental health center fails to maintain compliance during 560
this period, the department may take other necessary actions to 561
ensure compliance. The community mental health center must comply 562
with any additional requirements set forth by the department; and 563
(nn) No rules, regulations, operational standards, 564
performance standards or other standards promulgated by the board 565
or the department shall be construed to create a cause of action. 566
SECTION 2. Section 27-104-7, Mississippi Code of 1972, is 567
amended as follows: 568
27-104-7. (1) (a) There is created the Public Procurement 569
Review Board, which shall be reconstituted on January 1, 2018, and 570
shall be composed of the following members: 571
(i) Three (3) individuals appointed by the 572
Governor with the advice and consent of the Senate; 573
(ii) Two (2) individuals appointed by the 574
Lieutenant Governor with the advice and consent of the Senate; and 575
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(iii) The Executive Director of the Department of 576
Finance and Administration, serving as an ex officio and nonvoting 577
member. 578
(b) The initial terms of each appointee shall be as 579
follows: 580
(i) One (1) member appointed by the Governor to 581
serve for a term ending on June 30, 2019; 582
(ii) One (1) member appointed by the Governor to 583
serve for a term ending on June 30, 2020; 584
(iii) One (1) member appointed by the Governor to 585
serve for a term ending on June 30, 2021; 586
(iv) One (1) member appointed by the Lieutenant 587
Governor to serve for a term ending on June 30, 2019; and 588
(v) One (1) member appointed by the Lieutenant 589
Governor to serve for a term ending on June 30, 2020. 590
After the expiration of the initial terms, all appointed 591
members' terms shall be for a period of four (4) years from the 592
expiration date of the previous term, and until such time as the 593
member's successor is duly appointed and qualified. 594
(c) When appointing members to the Public Procurement 595
Review Board, the Governor and Lieutenant Governor shall take into 596
consideration persons who possess at least five (5) years of 597
management experience in general business, health care or finance 598
for an organization, corporation or other public or private 599
entity. Any person, or any employee or owner of a company, who 600
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receives any grants, procurements or contracts that are subject to 601
approval under this section shall not be appointed to the Public 602
Procurement Review Board. Any person, or any employee or owner of 603
a company, who is a principal of the source providing a personal 604
or professional service shall not be appointed to the Public 605
Procurement Review Board if the principal owns or controls a 606
greater than five percent (5%) interest or has an ownership value 607
of One Million Dollars ($1,000,000.00) in the source's business, 608
whichever is smaller. No member shall be an officer or employee 609
of the State of Mississippi while serving as a voting member on 610
the Public Procurement Review Board. 611
(d) Members of the Public Procurement Review Board 612
shall be entitled to per diem as authorized by Section 25-3-69 and 613
travel reimbursement as authorized by Section 25-3-41. 614
(e) The members of the Public Procurement Review Board 615
shall elect a chair from among the membership, and he or she shall 616
preside over the meetings of the board. The board shall annually 617
elect a vice chair, who shall serve in the absence of the chair. 618
No business shall be transacted, including adoption of rules of 619
procedure, without the presence of a quorum of the board. Three 620
(3) members shall be a quorum. No action shall be valid unless 621
approved by a majority of the members present and voting, entered 622
upon the minutes of the board and signed by the chair. Necessary 623
clerical and administrative support for the board shall be 624
provided by the Department of Finance and Administration. Minutes 625
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shall be kept of the proceedings of each meeting, copies of which 626
shall be filed on a monthly basis with the chairs of the 627
Accountability, Efficiency and Transparency Committees of the 628
Senate and House of Representatives and the chairs of the 629
Appropriations Committees of the Senate and House of 630
Representatives. 631
(2) The Public Procurement Review Board shall have the 632
following powers and responsibilities: 633
(a) Approve all purchasing regulations governing the 634
purchase or lease by any agency, as defined in Section 31-7-1, of 635
commodities and equipment, except computer equipment acquired 636
pursuant to Sections 25-53-1 through 25-53-29; 637
(b) Adopt regulations governing the approval of 638
contracts let for the construction and maintenance of state 639
buildings and other state facilities as well as related contracts 640
for architectural and engineering services. 641
The provisions of this paragraph (b) shall not apply to such 642
contracts involving buildings and other facilities of state 643
institutions of higher learning which are self-administered as 644
provided under this paragraph (b) or Section 37-101-15(m); 645
(c) Adopt regulations governing any lease or rental 646
agreement by any state agency or department, including any state 647
agency financed entirely by federal funds, for space outside the 648
buildings under the jurisdiction of the Department of Finance and 649
Administration. These regulations shall require each agency 650
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requesting to lease such space to provide the following 651
information that shall be published by the Department of Finance 652
and Administration on its website: the agency to lease the space; 653
the terms of the lease; the approximate square feet to be leased; 654
the use for the space; a description of a suitable space; the 655
general location desired for the leased space; the contact 656
information for a person from the agency; the deadline date for 657
the agency to have received a lease proposal; any other specific 658
terms or conditions of the agency; and any other information 659
deemed appropriate by the Division of Real Property Management of 660
the Department of Finance and Administration or the Public 661
Procurement Review Board. The information shall be provided 662
sufficiently in advance of the time the space is needed to allow 663
the Division of Real Property Management of the Department of 664
Finance and Administration to review and preapprove the lease 665
before the time for advertisement begins; 666
(d) Adopt, in its discretion, regulations to set aside 667
at least five percent (5%) of anticipated annual expenditures for 668
the purchase of commodities from minority businesses; however, all 669
such set-aside purchases shall comply with all purchasing 670
regulations promulgated by the department and shall be subject to 671
all bid requirements. Set-aside purchases for which competitive 672
bids are required shall be made from the lowest and best minority 673
business bidder; however, if no minority bid is available or if 674
the minority bid is more than two percent (2%) higher than the 675
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lowest bid, then bids shall be accepted and awarded to the lowest 676
and best bidder. However, the provisions in this paragraph shall 677
not be construed to prohibit the rejection of a bid when only one 678
(1) bid is received. Such rejection shall be placed in the 679
minutes. For the purposes of this paragraph, the term "minority 680
business" means a business which is owned by a person who is a 681
citizen or lawful permanent resident of the United States and who 682
is: 683
(i) Black: having origins in any of the black 684
racial groups of Africa; 685
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 686
Central or South American, or other Spanish or Portuguese culture 687
or origin regardless of race; 688
(iii) Asian-American: having origins in any of 689
the original people of the Far East, Southeast Asia, the Indian 690
subcontinent, or the Pacific Islands; 691
(iv) American Indian or Alaskan Native: having 692
origins in any of the original people of North America; or 693
(v) Female; 694
(e) In consultation with and approval by the Chairs of 695
the Senate and House Public Property Committees, approve leases, 696
for a term not to exceed eighteen (18) months, entered into by 697
state agencies for the purpose of providing parking arrangements 698
for state employees who work in the Woolfolk Building, the Carroll 699
Gartin Justice Building or the Walter Sillers Office Building; 700
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(f) (i) Except as otherwise provided in subparagraph 701
(ii) of this paragraph, promulgate rules and regulations governing 702
the solicitation and selection of contractual services personnel, 703
including personal and professional services contracts for any 704
form of consulting, policy analysis, public relations, marketing, 705
public affairs, legislative advocacy services or any other 706
contract that the board deems appropriate for oversight, with the 707
exception of: 708
1. Any personal service contracts entered 709
into by any agency that employs only nonstate service employees as 710
defined in Section 25-9-107(c); 711
2. Any personal service contracts entered 712
into for computer or information technology-related services 713
governed by the Mississippi Department of Information Technology 714
Services; 715
3. Any personal service contracts entered 716
into by the individual state institutions of higher learning; 717
4. Any personal service contracts entered 718
into by the Mississippi Department of Transportation; 719
5. Any personal service contracts entered 720
into by the Department of Human Services through June 30, 2019, 721
which the Executive Director of the Department of Human Services 722
determines would be useful in establishing and operating the 723
Department of Child Protection Services; 724
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6. Any personal service contracts entered 725
into by the Department of Child Protection Services through June 726
30, 2019; 727
7. Any contracts for entertainers and/or 728
performers at the Mississippi State Fairgrounds entered into by 729
the Mississippi Fair Commission; 730
8. Any contracts entered into by the 731
Department of Finance and Administration when procuring aircraft 732
maintenance, parts, equipment and/or services; 733
9. Any contract entered into by the 734
Department of Public Safety for service on specialized equipment 735
and/or software required for the operation of such specialized 736
equipment for use by the Office of Forensics Laboratories; 737
10. Any personal or professional service 738
contract entered into by the Mississippi Department of Health or 739
the Department of Revenue solely in connection with their 740
respective responsibilities under the Mississippi Medical Cannabis 741
Act from February 2, 2022, through June 30, 2026; 742
11. Any contract for attorney, accountant, 743
actuary auditor, architect, engineer, anatomical pathologist, or 744
utility rate expert services; 745
12. Any personal service contracts approved 746
by the Executive Director of the Department of Finance and 747
Administration and entered into by the Coordinator of Mental 748
Health Accessibility through June 30, 2022; 749
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13. Any personal or professional services 750
contract entered into by the State Department of Health in 751
carrying out its responsibilities under the ARPA Rural Water 752
Associations Infrastructure Grant Program through June 30, 2026; 753
14. And any personal or professional services 754
contract entered into by the Mississippi Department of 755
Environmental Quality in carrying out its responsibilities under 756
the Mississippi Municipality and County Water Infrastructure Grant 757
Program Act of 2022, through June 30, 2026; 758
15. Any personal or professional services 759
contract entered into by an agency for the design, operation or 760
maintenance of museum exhibits. An agency making a purchase under 761
this exemption shall publicly advertise a Request for 762
Qualifications but shall be otherwise exempt. Any contracts 763
arising from the use of this exemption must be approved by the 764
Public Procurement Review Board prior to execution by the agency; 765
16. Any personal or professional services 766
contract entered into by the Mississippi Department of 767
Environmental Quality in carrying out its responsibilities under 768
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 769
2028; * * * 770
17. Any contract entered into by the State 771
Department of Health for service on specialized equipment and/or 772
software required for the operation of such specialized equipment 773
for the use by the Public Health Laboratory * * *; and 774
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18. Any personal or professional services 775
contract entered into by the State Department of Mental Health in 776
carrying out its responsibilities set forth in Section 41-4-7(mm). 777
Any such rules and regulations shall provide for maintaining 778
continuous internal audit covering the activities of such agency 779
affecting its revenue and expenditures as required under Section 780
7-7-3(6)(d). Any rules and regulation changes related to personal 781
and professional services contracts that the Public Procurement 782
Review Board may propose shall be submitted to the Chairs of the 783
Accountability, Efficiency and Transparency Committees of the 784
Senate and House of Representatives and the Chairs of the 785
Appropriation Committees of the Senate and House of 786
Representatives at least fifteen (15) days before the board votes 787
on the proposed changes, and those rules and regulation changes, 788
if adopted, shall be promulgated in accordance with the 789
Mississippi Administrative Procedures Act. 790
(ii) From and after July 1, 2024, the Public 791
Procurement Review Board shall promulgate rules and regulations 792
that require the Department of Finance and Administration to 793
conduct personal and professional services solicitations as 794
provided in subparagraph (i) of this paragraph for those services 795
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 796
Department of Marine Resources, the Department of Wildlife, 797
Fisheries and Parks, the Mississippi Emergency Management Agency 798
and the Mississippi Development Authority, with assistance to be 799
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provided from these entities. Any powers that have been conferred 800
upon agencies in order to comply with the provisions of this 801
section for personal and professional services solicitations shall 802
be conferred upon the Department of Finance and Administration to 803
conduct personal and professional services solicitations for the 804
Department of Marine Resources, the Department of Wildlife, 805
Fisheries and Parks, the Mississippi Emergency Management Agency 806
and the Mississippi Development Authority for those services in 807
excess of Seventy-five Thousand Dollars ($75,000.00). The 808
Department of Finance and Administration shall make any 809
submissions that are required to be made by other agencies to the 810
Public Procurement Review Board for the Department of Marine 811
Resources, the Department of Wildlife, Fisheries and Parks, the 812
Mississippi Emergency Management Agency and the Mississippi 813
Development Authority. 814
The provisions of this subparagraph (ii) shall stand repealed 815
on June 30, 2027; 816
(g) Approve all personal and professional services 817
contracts involving the expenditures of funds in excess of 818
Seventy-five Thousand Dollars ($75,000.00), except as provided in 819
paragraph (f) of this subsection (2) and in subsection (8); 820
(h) Develop mandatory standards with respect to 821
contractual services personnel that require invitations for public 822
bid, requests for proposals, record keeping and financial 823
responsibility of contractors. The Public Procurement Review 824
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Board shall, unless exempted under this paragraph (h) or under 825
paragraph (i) or (o) of this subsection (2), require the agency 826
involved to submit the procurement to a competitive procurement 827
process, and may reserve the right to reject any or all resulting 828
procurements; 829
(i) Prescribe certain circumstances by which agency 830
heads may enter into contracts for personal and professional 831
services without receiving prior approval from the Public 832
Procurement Review Board. The Public Procurement Review Board may 833
establish a preapproved list of providers of various personal and 834
professional services for set prices with which state agencies may 835
contract without bidding or prior approval from the board; 836
(i) Agency requirements may be fulfilled by 837
procuring services performed incident to the state's own programs. 838
The agency head shall determine in writing whether the price 839
represents a fair market value for the services. When the 840
procurements are made from other governmental entities, the 841
private sector need not be solicited; however, these contracts 842
shall still be submitted for approval to the Public Procurement 843
Review Board. 844
(ii) Contracts between two (2) state agencies, 845
both under Public Procurement Review Board purview, shall not 846
require Public Procurement Review Board approval. However, the 847
contracts shall still be entered into the enterprise resource 848
planning system; 849
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(j) Provide standards for the issuance of requests for 850
proposals, the evaluation of proposals received, consideration of 851
costs and quality of services proposed, contract negotiations, the 852
administrative monitoring of contract performance by the agency 853
and successful steps in terminating a contract; 854
(k) Present recommendations for governmental 855
privatization and to evaluate privatization proposals submitted by 856
any state agency; 857
(l) Authorize personal and professional service 858
contracts to be effective for more than one (1) year provided a 859
funding condition is included in any such multiple year contract, 860
except the State Board of Education, which shall have the 861
authority to enter into contractual agreements for student 862
assessment for a period up to ten (10) years. The State Board of 863
Education shall procure these services in accordance with the 864
Public Procurement Review Board procurement regulations; 865
(m) Request the State Auditor to conduct a performance 866
audit on any personal or professional service contract; 867
(n) Prepare an annual report to the Legislature 868
concerning the issuance of personal and professional services 869
contracts during the previous year, collecting any necessary 870
information from state agencies in making such report; 871
(o) Develop and implement the following standards and 872
procedures for the approval of any sole source contract for 873
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personal and professional services regardless of the value of the 874
procurement: 875
(i) For the purposes of this paragraph (o), the 876
term "sole source" means only one (1) source is available that can 877
provide the required personal or professional service. 878
(ii) An agency that has been issued a binding, 879
valid court order mandating that a particular source or provider 880
must be used for the required service must include a copy of the 881
applicable court order in all future sole source contract reviews 882
for the particular personal or professional service referenced in 883
the court order. 884
(iii) Any agency alleging to have a sole source 885
for any personal or professional service, other than those 886
exempted under paragraph (f) of this subsection (2) and subsection 887
(8), shall publish on the procurement portal website established 888
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 889
days, the terms of the proposed contract for those services. In 890
addition, the publication shall include, but is not limited to, 891
the following information: 892
1. The personal or professional service 893
offered in the contract; 894
2. An explanation of why the personal or 895
professional service is the only one that can meet the needs of 896
the agency; 897
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3. An explanation of why the source is the 898
only person or entity that can provide the required personal or 899
professional service; 900
4. An explanation of why the amount to be 901
expended for the personal or professional service is reasonable; 902
and 903
5. The efforts that the agency went through 904
to obtain the best possible price for the personal or professional 905
service. 906
(iv) If any person or entity objects and proposes 907
that the personal or professional service published under 908
subparagraph (iii) of this paragraph (o) is not a sole source 909
service and can be provided by another person or entity, then the 910
objecting person or entity shall notify the Public Procurement 911
Review Board and the agency that published the proposed sole 912
source contract with a detailed explanation of why the personal or 913
professional service is not a sole source service. 914
(v) 1. If the agency determines after review that 915
the personal or professional service in the proposed sole source 916
contract can be provided by another person or entity, then the 917
agency must withdraw the sole source contract publication from the 918
procurement portal website and submit the procurement of the 919
personal or professional service to an advertised competitive bid 920
or selection process. 921
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2. If the agency determines after review that 922
there is only one (1) source for the required personal or 923
professional service, then the agency may appeal to the Public 924
Procurement Review Board. The agency has the burden of proving 925
that the personal or professional service is only provided by one 926
(1) source. 927
3. If the Public Procurement Review Board has 928
any reasonable doubt as to whether the personal or professional 929
service can only be provided by one (1) source, then the agency 930
must submit the procurement of the personal or professional 931
service to an advertised competitive bid or selection process. No 932
action taken by the Public Procurement Review Board in this appeal 933
process shall be valid unless approved by a majority of the 934
members of the Public Procurement Review Board present and voting. 935
(vi) The Public Procurement Review Board shall 936
prepare and submit a quarterly report to the House of 937
Representatives and Senate Accountability, Efficiency and 938
Transparency Committees that details the sole source contracts 939
presented to the Public Procurement Review Board and the reasons 940
that the Public Procurement Review Board approved or rejected each 941
contract. These quarterly reports shall also include the 942
documentation and memoranda required in subsection (4) of this 943
section. An agency that submitted a sole source contract shall be 944
prepared to explain the sole source contract to each committee by 945
December 15 of each year upon request by the committee; 946
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(p) Assess any fines and administrative penalties 947
provided for in Sections 31-7-401 through 31-7-423. 948
(3) All submissions shall be made sufficiently in advance of 949
each monthly meeting of the Public Procurement Review Board as 950
prescribed by the Public Procurement Review Board. If the Public 951
Procurement Review Board rejects any contract submitted for review 952
or approval, the Public Procurement Review Board shall clearly set 953
out the reasons for its action, including, but not limited to, the 954
policy that the agency has violated in its submitted contract and 955
any corrective actions that the agency may take to amend the 956
contract to comply with the rules and regulations of the Public 957
Procurement Review Board. 958
(4) All sole source contracts for personal and professional 959
services awarded by state agencies, other than those exempted 960
under Section 27-104-7(2)(f) and (8), whether approved by an 961
agency head or the Public Procurement Review Board, shall contain 962
in the procurement file a written determination for the approval, 963
using a request form furnished by the Public Procurement Review 964
Board. The written determination shall document the basis for the 965
determination, including any market analysis conducted in order to 966
ensure that the service required was practicably available from 967
only one (1) source. A memorandum shall accompany the request 968
form and address the following four (4) points: 969
(a) Explanation of why this service is the only service 970
that can meet the needs of the purchasing agency; 971
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(b) Explanation of why this vendor is the only 972
practicably available source from which to obtain this service; 973
(c) Explanation of why the price is considered 974
reasonable; and 975
(d) Description of the efforts that were made to 976
conduct a noncompetitive negotiation to get the best possible 977
price for the taxpayers. 978
(5) In conjunction with the State Personnel Board, the 979
Public Procurement Review Board shall develop and promulgate rules 980
and regulations to define the allowable legal relationship between 981
contract employees and the contracting departments, agencies and 982
institutions of state government under the jurisdiction of the 983
State Personnel Board, in compliance with the applicable rules and 984
regulations of the federal Internal Revenue Service (IRS) for 985
federal employment tax purposes. Under these regulations, the 986
usual common law rules are applicable to determine and require 987
that such worker is an independent contractor and not an employee, 988
requiring evidence of lawful behavioral control, lawful financial 989
control and lawful relationship of the parties. Any state 990
department, agency or institution shall only be authorized to 991
contract for personnel services in compliance with those 992
regulations. 993
(6) No member of the Public Procurement Review Board shall 994
use his or her official authority or influence to coerce, by 995
threat of discharge from employment, or otherwise, the purchase of 996
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ST: DMH; require to promulgate performance
standards and perform periodic audits to assess
community mental health centers.
commodities, the contracting for personal or professional 997
services, or the contracting for public construction under this 998
chapter. 999
(7) Notwithstanding any other laws or rules to the contrary, 1000
the provisions of subsection (2) of this section shall not be 1001
applicable to the Mississippi State Port Authority at Gulfport. 1002
(8) Nothing in this section shall impair or limit the 1003
authority of the Board of Trustees of the Public Employees' 1004
Retirement System to enter into any personal or professional 1005
services contracts directly related to their constitutional 1006
obligation to manage the trust funds, including, but not limited 1007
to, actuarial, custodial banks, cash management, investment 1008
consultant and investment management contracts. Nothing in this 1009
section shall impair or limit the authority of the State Treasurer 1010
to enter into any personal or professional services contracts 1011
involving the management of trust funds, including, but not 1012
limited to, actuarial, custodial banks, cash management, 1013
investment consultant and investment management contracts. 1014
(9) Through December 31, 2026, the provisions of this 1015
section related to rental agreements or leasing of real property 1016
for the purpose of conducting agency business shall not apply to 1017
the Office of Workforce Development created in Section 37-153-7. 1018
SECTION 3. This act shall take effect and be in force from 1019
and after July 1, 2026. 1020