MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Insurance

By: Senator(s) White (29th)

AN ACT TO AMEND SECTION 45-11-251, MISSISSIPPI CODE OF 1972, TO REVISE THE COMPOSITION OF THE MISSISSIPPI FIRE PERSONNEL MINIMUM STANDARDS AND CERTIFICATION BOARD; TO AUTHORIZE THE BOARD TO RECEIVE PER DIEM COMPENSATION AND REIMBURSEMENT FOR ANY ACTUAL AND REASONABLE EXPENSES; TO AUTHORIZE THE BOARD TO EMPLOY A SECRETARY; TO AUTHORIZE THE BOARD TO ACCEPT CONTRIBUTIONS, GIFTS AND GRANTS TO CARRY OUT ITS PURPOSES AND FUNCTION; TO AUTHORIZE THE BOARD TO IMPOSE A FEE TO ADMINISTRATE ITS DUTIES; TO AUTHORIZE THE BOARD TO APPOINT ADVISORS AND TO PAY THE ADVISORS PER DIEM COMPENSATION; TO AMEND SECTION 45-11-253, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT THAT THE BOARD CONDUCT AT COST CERTAIN SURVEYS AND STUDIES FOR VARIOUS AGENCIES; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 45-11-251, Mississippi Code of 1972, is amended as follows:

45-11-251. (1) There is hereby created the Mississippi Fire Personnel Minimum Standards and Certification Board. The board shall consist of eight (8) members. The Commissioner of Insurance  * * * shall serve as an ex officio, nonvoting member. * * *

(2) The Commissioner of Insurance shall appoint the members of the Mississippi Fire Personnel Minimum Standards and Certification Board as selected. Seven (7) members shall be selected as follows:

(a) Two (2) full time paid fire fighters below the rank of chief, selected at large by the Mississippi Fire Fighters

(b) Four (4) fire chiefs, * * * selected by the Mississippi Fire Chiefs Association. One (1) must be a fire chief from a municipality with a population greater than thirty-five thousand (35,000) according to the most recent United States Census; one (1) must be a fire chief from a municipality with a population between fifteen thousand (15,000) and thirty-five thousand (35,000) according to the most recent United States Census; one (1) must be a fire chief from a municipality with a population less than fifteen thousand (15,000) according to the most recent United States Census; and one (1) must be a * * * fire chief from a municipality served by a combination department;

(c) One (1) full time paid fire fighter/instructor selected by the Mississippi Fire Instructor's Association.

The initial terms of members in each category selected in paragraphs (a), (b) and (c) shall be staggered: One (1) member in each category shall serve a term of one (1) year; one (1) member in the categories selected in paragraphs (a) and (b) shall serve a term of two (2) years; two (2) members in the category selected in paragraph (b) shall serve a term of three (3) years. After the expiration of the initial term, the term shall be three (3) years.

 * * * Any member missing three (3) consecutive meetings shall be deemed to have resigned from the board. A vacancy prior to the expiration of a term shall be filled by selection in the same manner and for the balance of the unexpired term.

(3) In the event volunteer fire fighters are mandated to have minimum standards training, the board shall be expanded as follows:

(a) One (1) fire chief from a volunteer fire department selected by the Mississippi Fire Chiefs' Association; and

(b) One (1) officer below the rank of fire chief selected from the Mississippi Fire Fighters' Association.

(4) During his term, a member of the board shall not serve as a member of the State Fire Academy Advisory Board.

(5) The board shall select a chairman and vice-chairman from its membership.

(6) No agency of the state, or a political subdivision thereof, shall have more than one (1) member sit on the Minimum Standards Board at the same time.

(7) Members of the board shall receive the per diem authorized in Section 25-3-69, for each day in attendance at board meetings and shall be entitled to receive reimbursement for any actual and reasonable expenses incurred as a necessary incident to such service, including mileage as provided in Section 25-3-41.

(8) The board shall employ a secretary whose salary shall be set by the State Personnel Board.

(9) The board may accept for any of its purposes and functions any and all donations, including real and personal property, and grants of money from any governmental unit or public agency or from any institution, person, firm or corporation. Monetary contributions and grants shall be deposited into a special fund hereby established in the State Treasury to be known as the "Fire Personnel Minimum Standards and Certification Board Fund" and shall be expended by the board pursuant to legislative appropriation.

(10) The board shall have the power to charge fees as deemed necessary to carry out its duties as provided by law. These fees shall be placed in the Fire Personnel Minimum Standards and Certification Board Fund and shall be expended by the board to carry out its duties as provided by law, regardless of the year in which the fees were received. All excess monies in the fund shall be carried over from year to year, and may only be deposited into the State General Fund upon act by the Legislature.

(11) The board may, at its discretion, appoint advisors from any approved fire fighter training facility and pay the advisors per diem. The advisors shall serve at the will and pleasure of the board and shall not have the power to vote on any matter within the board's jurisdiction.

SECTION 2. Section 45-11-253, Mississippi Code of 1972, is amended as follows:

45-11-253. The board shall:

(a) Establish minimum educational and training standards for fire personnel.

(b) Certify persons as being qualified under Section 45-11-251 and 45-11-253 to be fire personnel.

(c) Revoke certifications for cause and in the manner provided in Sections 45-11-251 and 45-11-253.

(d) Establish minimum curriculum requirements for basic and advanced courses and programs for schools operated by or for the state or any political subdivision thereof for the specific purpose of training fire personnel.

(e) Make recommendations concerning any matter within its purview.

(f) Make such inspection and evaluation as may be necessary to determine if governmental units are complying with Section 45-11-251 and 45-11-253 at cost to those units.

(g) Approve fire training schools for operation by or for the state or any political subdivision thereof for the specific purpose of training personnel.

(h) Upon the request of agencies, conduct surveys or aid municipalities and counties to conduct surveys at cost to those agencies through qualified public or private agencies and assist in the implementation of any recommendations resulting from such surveys.

 * * *

(i) Adopt and amend regulations consistent with law, for its internal management and control of board programs.

(j) Enter into contracts or do such things as may be necessary and incidental to the administration of Section 45-11-251 and 45-11-253.

(k) Promulgate rules and regulations for the administration of Section 45-11-251 and 45-11-253, including the authority to require the submission of reports and information by fire service agencies.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.