House Bill 831

(As Passed the House)

AN ACT TO CREATE A JOINT LEGISLATIVE STUDY COMMITTEE TO STUDY THE HEALTH CARE CERTIFICATE OF NEED PROGRAM; TO DIRECT THE JOINT COMMITTEE TO MAKE A WRITTEN REPORT OF ITS FINDINGS AND RECOMMENDATIONS BEFORE DECEMBER 1, 2004; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created a joint legislative study committee to study the health care certificate of need program established under Section 41-7-171 et seq. to determine if the program is still needed and whether it should be continued without change, modified or abolished. The joint legislative study committee shall be composed of the chairman of the House Public Health and Human Services Committee, the chairman of the Senate Public Health and Welfare Committee, five (5) members of the House of Representatives appointed by the Speaker of the House and five (5) members of the Senate appointed by the Lieutenant Governor. The chairman of the House Public Health and Human Services Committee and the chairman of the Senate Public Health and Welfare Committee shall serve as co-chairmen of the joint committee.

(2) Within fifteen (15) days after the date of sine die adjournment of the 2004 legislative session, the Speaker of the House and the Lieutenant Governor shall appoint the members of the joint committee. After the members are appointed, the joint committee shall meet on a date designated by the co-chairmen of the joint committee for the purpose of organizing the committee and establishing rules for transacting its business and keeping records. A majority of members of the joint committee from each house shall constitute a quorum at all committee meetings. An affirmative vote of a majority of the members from each house present and voting shall be required in the adoption of rules, resolutions, reports, and in any other actions taken by the joint committee. All members of the joint committee shall be notified in writing of all meetings of the committee, which notices shall be mailed at least five (5) days before the date of the meetings.

(3) The joint committee shall make a written report of its findings and recommendations, and shall mail copies of the report to each member of the Legislature no later than December 1, 2004.

(4) For attending the meetings of the joint committee, each member shall be paid, from the Contingent Expense Fund of the member's respective house, per diem compensation in the amount authorized by Section 25-3-69, Mississippi Code of 1972, and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47, Mississippi Code of 1972. However, no per diem compensation, mileage allowance or expense allowance shall be paid for attending meetings of the joint committee while the Legislature is in session, and no per diem compensation, mileage allowance or expense allowance shall be paid without prior approval of the proper committee in the member's respective house.

(5) All expenses incurred by and on behalf of the joint committee shall be paid from funds made available by the House Management Committee and the Senate Rules Committee from the Contingent Expense Fund of each respective house, from any funds appropriated for the purpose of this act and from any grants or contributions made to the committee for its purpose.

(6) In carrying out the provisions of this act, the joint committee may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state.

SECTION 2. This act shall take effect and be in force from and after July 1, 2004.