Rep. Cobb-Hunter proposes the following Amendment No. 9 to H. 3066 (COUNCIL\MS\7288AHB11):

Reference is to Printer's Date 2/16/11-H.

Amend the bill, as and if amended, Part II, SECTION 1-30-125(A), Section 3, by striking item (6), line 6, page 3066-2, in its entirety.

Amend further, as and if amended, by adding a new SECTION in Part V to read:

/ SECTION __. A.      Section 1-30-110 of the 1976 Code is amended to read:

     "Section 1-30-110.      Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
     (1)      Continuum of Care for Emotionally Disturbed Children provided for at Section 63-11-1310, et seq.;
     (2)      Guardian Ad Litem Program, formerly provided for at Section 63-11-500, et seq.;
     (3)(2)      State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
     (4)(3)      Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
     (5)(4)      Commission on Women, formerly provided for at Section 1-15-10, et seq.;
     (6)(5)      Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
     (7)(6)      Foster Care Review Board, formerly provided for at Section 63-11-720, et seq."

B.      Section 44-38-380(A)(1)(h) of the 1976 Code is amended to read:

     "(h)      Director of the Continuum of Care for Emotionally Disturbed Children Division of the Governor's Office;"

C.      Section 63-11-1310 of the 1976 Code, as added by Act 361 of 2008, is amended to read:

     "Section 63-11-1310.      It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established as a division in the office of the Governor Department of Mental Health. This article supplements and does not supplant existing services provided to this population."

D.      Section 63-11-1340 of the 1976 Code, as added by Act 361 of 2008, is amended to read:

     "Section 63-11-1340.      The Governor director of the department may employ a division director to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The division director shall employ staff necessary to carry out the provisions of this article. The funds for the division director, staff, and other purposes of the Continuum of Care Division must be provided in the annual general appropriations act. The department, upon the recommendation of the division director, shall may promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article."

E.      Section 63-11-1360 of the 1976 Code as added by Act 361 of 2008, is amended to read:

     "Section 63-11-1360.      The Division for Continuum of Care Division shall submit an annual report to the Governor department and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children."

F.      (1)      Where the provisions of this section transfer the Continuum of Care for Emotionally Disturbed Children, Office of the Governor to the Department of Mental Health, Division for Continuum of Care for Emotionally Disturbed Children, the employees, authorized appropriations, and assets and liabilities of the Continuum of Care for Emotionally Disturbed Children, Office of the Governor are also transferred to and become part of the Department of Mental Health, Division for Continuum of Care for Emotionally Disturbed Children. All classified or unclassified personnel employed by the Continuum of Care for Emotionally Disturbed Children, Office of the Governor on the effective date of this act, either by contract or by employment at will, become employees of the Department of Mental Health, Division for Continuum of Care for Emotionally Disturbed Children with the same compensation, classification, and grade level, as applicable.
     (2)      The Code Commissioner is directed to change or correct all references to the Continuum of Care for Emotionally Disturbed Children, Office of the Governor to reflect its status as a division of the Department of Mental Health. References to the name of the Continuum of Care for Emotionally Disturbed Children, Office of the Governor in the 1976 Code or other provisions of law are considered to be and must be construed to mean appropriate references.      /

Renumber sections to conform.
Amend title to conform.