§ 43-21-40 — Department shall be State agency to implement and administer aging programs of Federal Government; powers and duties generally.

The department shall be the designated state agency to implement and administer all programs of the federal government relating to the aging, requiring acts within the State which are not the specific responsibility of another state agency under the provisions of federal or state law. The department may accept and disburse any funds available or which might become available pursuant to the purposes of this chapter. The department shall study, investigate, plan, promote, and execute a program to meet the present and future needs of aging citizens of the State, and it shall receive the cooperation of other state departments and agencies in carrying out a coordinated program. It shall also be the duty of the department to encourage and assist in the development of programs for the aging in the counties and municipalities of this State. It shall consult and cooperate with public and voluntary groups, with county and municipal officers and agencies, and with any federal or state agency or officer for the purpose of promoting cooperation between state and local plans and programs, and between state and interstate plans and programs for the aging. Without limiting the foregoing, the department is specifically authorized to: (a) initiate requests for the investigation of potential resources and problems of the aging people of the State, encourage research programs, initiate pilot projects to demonstrate new services, and promote the training of personnel for work in the field of aging; (b) promote community education in the problems of older people through institutes, publications, radio, television, and the press; (c) cooperate with, encourage, and assist local groups, both public and voluntary, which are concerned with the problems of the aging; (d) encourage the cooperation of agencies in dealing with problems of the aging and offer assistance to voluntary groups in the fulfillment of their responsibility for the aging; (e) serve as a clearinghouse for information in the field of aging; (f) appoint such committees as it deems necessary for carrying out the purposes of this chapter, such committee members to serve without compensation; (g) engage in any other activity deemed necessary by the department to promote the health and well-being of the aging citizens of this State, not inconsistent with the purposes of this chapter or the public policies of the State; (h) certify homemakers and home health aides pursuant to the Federal Omnibus Budget Reconciliation Act of 1987 and subsequent amendments to that act and through regulations promulgated in accordance with the Administrative Procedures Act establish and collect fees for the administration of this certification program. Fees collected must be placed on deposit with the State Treasurer. Accounting records must be maintained in accordance with the Comptroller General's policies and procedures. Unused fees may be carried forward to the next fiscal year for the same purpose; (i) award grants and contracts to public and private organizations for the purpose of planning, coordinating, administering, developing, and delivering aging programs and services; (j) designate area agencies on aging as required by the Older Americans Act; (k) administer the Senior Citizens Center Permanent Improvement Fund established pursuant to Section 12-21-3441 and community services programs in accordance with Section 12-21-3590.

Legislative History

HISTORY: 1962 Code SECTION 71-300.24; 1971 (57) 385; 1992 Act No. 359, SECTION 1, eff May 4, 1992; 1993 Act No. 181, SECTION 1018, eff July 1, 1993; 2008 Act No. 353, SECTION 2, Pt 25C, eff July 1, 2009. Code Commissioner's Note At the direction of the Code Commissioner, references to "Department on Aging" and "department" were substituted for "Division on Aging" and "division" to comply with amendments made by 2018 Act No. 261.