MISSISSIPPI LEGISLATURE
2018 Regular Session
To: Accountability, Efficiency, Transparency
By: Representative Foster
AN ACT TO ABOLISH CERTAIN INACTIVE BOARDS, COMMISSIONS, COUNCILS, COMMITTEES AND AUTHORITIES; TO REPEAL SECTIONS 43-53-1 THROUGH 43-53-11, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE MISSISSIPPI LEADERSHIP COUNCIL ON AGING; TO AMEND SECTION 99-19-73, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 45-39-1, 45-39-3, 45-39-5 AND 45-39-13, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE STATEWIDE CRIME STOPPERS ADVISORY COUNCIL; TO AMEND SECTIONS 45-39-7, 45-39-9 AND 45-39-11, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 49-19-401, 49-19-403, 49-19-405 AND 49-19-408, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE MISSISSIPPI INSTITUTE FOR FOREST INVENTORY; TO AMEND SECTIONS 49-19-1, 49-19-3 AND 49-19-407, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTION 39-29-1, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI COMMISSION ON THE HOLOCAUST; TO REPEAL SECTIONS 41-73-1 THROUGH 41-73-45, MISSISSIPPI CODE OF 1972, AND SECTIONS 41-73-49 THROUGH 41-73-75, MISSISSIPPI CODE OF 1972, WHICH ESTABLISH THE HOSPITAL EQUIPMENT AND AUTHORITY ACT; TO AMEND SECTIONS 7-1-403, 7-7-2, 41-73-47 AND 41-13-25, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 65-33-27 AND 65-33-29, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE THE ESTABLISHMENT OF A ROAD PROTECTION COMMISSION FOR EACH COUNTY; TO AMEND SECTIONS 65-33-31 AND 65-33-33, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO REPEAL SECTIONS 57-33-1 AND 57-33-3, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZE MISSISSIPPI TO BECOME A PARTY STATE IN THE SOUTHERN GROWTH POLICIES AGREEMENT; TO REPEAL SECTION 41-113-9, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI TOBACCO CONTROL ADVISORY COUNCIL; TO AMEND SECTIONS 41-113-3 AND 41-113-7, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTIONS; TO AMEND SECTIONS 41-59-7 AND 41-59-5, MISSISSIPPI CODE OF 1972, TO ABOLISH THE MISSISSIPPI TRAUMA ADVISORY COMMITTEE; TO REPEAL SECTION 83-1-201, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE WINDSTORM MITIGATION COORDINATING COUNCIL; TO AMEND SECTION 83-34-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Sections 43-53-1, 43-53-3, 43-53-5, 43-53-7, 43-53-9 and 43-53-11, Mississippi Code of 1972, which establish the Mississippi Leadership Council on Aging, provide for the membership of the council, establish the powers and duties of the council and create the Mississippi Leadership Council on Aging Fund, are repealed.
SECTION 2. Section 99-19-73, Mississippi Code of 1972, is amended as follows:
99-19-73. (1) Traffic violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation in Title 63, Mississippi Code of 1972, except offenses relating to the Mississippi Implied Consent Law (Section 63-11-1 et seq.) and offenses relating to vehicular parking or registration:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Spinal Cord and Head Injury Trust Fund
(for all moving violations)...................... [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
* * *
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Children's Safe Center Fund........................... [Deleted]
DuBard School for Language Disorders Fund............. [Deleted]
Children's Advocacy Centers Fund...................... [Deleted]
Judicial System Operation Fund........................ [Deleted]
GENERAL FUND..................................... $ 90.50
(2) Implied Consent Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or any other penalty for any violation of the Mississippi Implied Consent Law (Section 63-11-1 et seq.):
FUND AMOUNT
Crime Victims' Compensation Fund...................... [Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Driver Training Penalty Assessment Fund............... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Emergency Medical Services Operating Fund............. [Deleted]
Mississippi Alcohol Safety Education Program Fund..... [Deleted]
Federal-State Alcohol Program Fund.................... [Deleted]
Mississippi Forensics Laboratory
Implied Consent Law Fund......................... [Deleted]
Spinal Cord and Head Injury Trust Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 243.50
(3) Game and Fish Law violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any violation of the game and fish statutes or regulations of this state:
FUND AMOUNT
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training,
Investigation and Prosecution Trust Fund......... [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Hunter Education and Training Program Fund............ [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for district
attorneys and their legal assistants............. [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
GENERAL FUND..................................... $ 89.00
(4) [Deleted]
(5) Speeding, reckless and careless driving violations. In addition to any assessment imposed under subsection (1) or (2) of this section, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for driving a vehicle on a road or highway:
(a) At a speed that exceeds the posted speed limit by
at least ten (10) miles per hour but not more than twenty (20) miles per hour..................................................... $10.00
(b) At a speed that exceeds the posted speed limit by at least twenty (20) miles per hour but not more than thirty (30) miles per hour......................................................... $20.00
(c) At a speed that exceeds the posted speed limit by thirty (30) miles per hour or more.............................. $30.00
(d) In violation of Section 63-3-1201, which is the offense of reckless driving......................................... $10.00
(e) In violation of Section 63-3-1213, which is the offense of careless driving......................................... $10.00
All assessments collected under this subsection shall be deposited into the State General Fund.
(6) Other misdemeanors. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any misdemeanor violation not specified in subsection (1), (2) or (3) of this section, except offenses relating to vehicular parking or registration:
FUND AMOUNT
Crime Victims' Compensation Fund.................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
State Crime Stoppers Fund............................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Judicial Performance Fund............................. [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Information Exchange Network Fund..................... [Deleted]
Motorcycle Officer Training Fund...................... [Deleted]
Civil Legal Assistance Fund........................... [Deleted]
Justice Court Collections Fund........................ [Deleted]
Municipal Court Collections Fund...................... [Deleted]
GENERAL FUND....................................... $121.75
(7) Other felonies. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment from each person upon whom a court imposes a fine or other penalty for any felony violation not specified in subsection (1), (2) or (3) of this section:
FUND AMOUNT
Crime Victims' Compensation Fund..................... $[Deleted]
State Court Education Fund............................ [Deleted]
State Prosecutor Education Fund....................... [Deleted]
Vulnerable Persons Training, Investigation
and Prosecution Trust Fund....................... [Deleted]
Child Support Prosecution Trust Fund.................. [Deleted]
Law Enforcement Officers Training Fund................ [Deleted]
Capital Defense Counsel Fund.......................... [Deleted]
Indigent Appeals Fund................................. [Deleted]
Capital Post-Conviction Counsel Fund.................. [Deleted]
Victims of Domestic Violence Fund..................... [Deleted]
Criminal Justice Fund................................. [Deleted]
Law Enforcement Officers and Fire Fighters
Death Benefits Trust Fund........................ [Deleted]
Law Enforcement Officers and Fire Fighters
Disability Benefits Trust Fund................... [Deleted]
State Prosecutor Compensation Fund for the purpose
of providing additional compensation for
district attorneys and their legal assistants.... [Deleted]
Crisis Intervention Mental Health Fund................ [Deleted]
Drug Court Fund....................................... [Deleted]
Statewide Victims' Information and
Notification System Fund......................... [Deleted]
Public Defenders Education Fund....................... [Deleted]
Domestic Violence Training Fund....................... [Deleted]
Attorney General's Cyber Crime Unit................... [Deleted]
Forensics Laboratory DNA Identification System Fund... [Deleted]
GENERAL FUND....................................... $280.50
(8) Additional assessments on certain violations:
(a) Railroad crossing violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation involving railroad crossings under Section 37-41-55, 63-3-1007, 63-3-1009, 63-3-1011, 63-3-1013 or 77-9-249:
Operation Lifesaver Fund............................ $25.00
(b) Drug violations. In addition to any monetary penalties and any other penalties imposed by law, there shall be imposed and collected the following state assessment in addition to all other state assessments due under this section from each person upon whom a court imposes a fine or other penalty for any violation of Section 41-29-139:
Drug Evidence Disposition Fund...................... $25.00
(9) If a fine or other penalty imposed is suspended, in whole or in part, such suspension shall not affect the state assessment under this section. No state assessment imposed under the provisions of this section may be suspended or reduced by the court.
(10) (a) After a determination by the court of the amount due, it shall be the duty of the clerk of the court to promptly collect all state assessments imposed under the provisions of this section. The state assessments imposed under the provisions of this section may not be paid by personal check.
(b) It shall be the duty of the chancery clerk of each county to deposit all state assessments collected in the circuit, county and justice courts in the county on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The chancery clerk shall make a monthly lump-sum deposit of the total state assessments collected in the circuit, county and justice courts in the county under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the circuit, county and justice courts in the county during that month.
(c) It shall be the duty of the municipal clerk of each municipality to deposit all the state assessments collected in the municipal court in the municipality on a monthly basis with the State Treasurer pursuant to appropriate procedures established by the State Auditor. The municipal clerk shall make a monthly lump-sum deposit of the total state assessments collected in the municipal court in the municipality under this section, and shall report to the Department of Finance and Administration the total number of violations under each subsection for which state assessments were collected in the municipal court in the municipality during that month.
(11) It shall be the duty of the Department of Finance and Administration to deposit on a monthly basis all state assessments into the State General Fund or proper special fund in the State Treasury. The Department of Finance and Administration shall issue regulations providing for the proper allocation of these funds.
(12) The State Auditor shall establish by regulation procedures for refunds of state assessments, including refunds associated with assessments imposed before July 1, 1990, and refunds after appeals in which the defendant's conviction is reversed. The Auditor shall provide in the regulations for certification of eligibility for refunds and may require the defendant seeking a refund to submit a verified copy of a court order or abstract by which the defendant is entitled to a refund. All refunds of state assessments shall be made in accordance with the procedures established by the Auditor.
SECTION 3. Sections 45-39-1, 45-39-3, 45-39-5 and 45-39-13, Mississippi Code of 1972, which establish the Statewide Crime Stoppers Advisory Council and provide for the power and duties of the council, are repealed.
SECTION 4. Section 45-39-7, Mississippi Code of 1972, is amended as follows:
45-39-7. (1) * * * Records relating to reports of criminal
acts are confidential.
(2) Evidence of a
communication between a person submitting a report of a criminal act to * * * a local crime stoppers program
and the person who accepted the report on behalf of the * * * local crime stoppers program is not
admissible in a court or an administrative proceeding whether the evidence is
held by * * *
a local crime stoppers program or is held by a telecommunication service
provider.
(3) Records of * * * a local crime stoppers program
concerning a report of criminal activity and records of a telecommunication
service provider relating to a report made to * * * a local crime stoppers
program may not be compelled to be produced before a court or other tribunal
except on the motion of a criminal defendant to the court in which the offense
is being tried that the records or report contain evidence that is exculpatory
to the defendant in the trial of that offense. On motion of a defendant under
this subsection, the court may subpoena the records or report. The court shall
conduct an in-camera inspection of materials produced under subpoena to
determine whether the materials contain evidence that is exculpatory to the
defendant. If the court determines that the materials produced contain evidence
that is exculpatory to the defendant, the court shall present the evidence to
the defendant in a form that does not disclose the identity of the person who
was the source of the evidence, unless the state or federal Constitution
requires the disclosure of that person's identity. The court shall execute an
affidavit accompanying the disclosed materials swearing that, in the opinion of
the court, the materials disclosed represent the exculpatory evidence the
defendant is entitled to receive under this section. The court shall return to * * * the local crime stoppers
program materials that are produced under this section but not disclosed to the
defendant. The * * * local crime stoppers program shall store the materials until the
conclusion of the criminal trial and the expiration of the time for all direct
appeals in the case.
SECTION 5. Section 45-39-9, Mississippi Code of 1972, is amended as follows:
45-39-9. A person who * * *
accepts a report of criminal activity on behalf of a local crime stoppers
program is guilty of a misdemeanor if the person intentionally or knowingly
divulges to a person not employed by a law enforcement agency the content of a
report of a criminal act or the identity of the person who made the report
without the consent of the person who made the report.
A person convicted of an
offense under this section shall be punished as provided in Section 99-19-31 * * *, and is not eligible
for state employment during the five-year period following the date that the
conviction becomes final.
SECTION 6. Section 45-39-11, Mississippi Code of 1972, is amended as follows:
45-39-11. * * * A toll-free
telephone service * * * shall be accessible to persons residing in
areas of the state not served by a local crime stoppers program for reporting * * * information about criminal
acts. The toll-free service must be available between the hours of 5:00 p.m.
and 8:00 a.m. Monday through Thursday and from 5:00 p.m. Friday until 8:00 a.m.
Monday. The * * *
information received shall be forwarded * * * to appropriate law
enforcement agencies or local crime stoppers programs.
SECTION 7. Sections 49-19-401, 49-19-403, 49-19-405 and 49-19-408, Mississippi Code of 1972, which establish the Mississippi Institute for Forest Inventory, are repealed.
SECTION 8. Section 49-19-1, Mississippi Code of 1972, is amended as follows:
49-19-1. (1) There shall
be a State Forestry Commission composed of ten (10) members, who shall be
qualified electors of the state. The Dean of the School of Forest Resources at
Mississippi State University shall be an ex officio member of the commission,
with full voting authority. * * * The Governor shall appoint eight (8) members, with the
advice and consent of the Senate, for a term of six (6) years. The Governor
shall appoint one (1) member from each congressional district as constituted at
the time the appointments are made and shall appoint the remainder of the
members from the state at large. A member from a congressional district must
be a certified tree farmer who owns eighty (80) or more acres of forest land or
a person who derives a major portion of his personal income from forest-related
business, industry or other related activities. Members of the commission from
the state at large may or may not possess the same qualifications as members
appointed from the congressional districts.
(2) The members of the commission shall receive no annual salary but each member of the commission shall receive a per diem plus expenses and mileage as authorized by law for each day devoted to the discharge of official duties. No member of the commission shall receive total per diem in excess of twenty-four (24) days' compensation per annum.
(3) If a vacancy occurs in the office of an appointed member of the commission, the vacancy shall be filled by appointment for the balance of the unexpired term.
(4) The commission shall elect from its membership a chairman, who shall preside over meetings, and a vice chairman, who shall preside in the absence of the chairman or when the chairman is excused.
(5) The commission shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. Each member of the commission shall take the oath prescribed by Section 268 of the Mississippi Constitution of 1890 and shall enter into a bond in the amount of Thirty Thousand Dollars ($30,000.00) to be approved by the Secretary of State, conditioned according to law and payable to the State of Mississippi before assuming the duties of office.
(6) Any appointment made to the commission contrary to this section shall be void, and it is unlawful for the State Fiscal Officer to pay any per diem or authorize the expenses of the appointee.
SECTION 9. Section 49-19-3, Mississippi Code of 1972, is amended as follows:
49-19-3. The duties and powers of the commission shall be:
(a) To appoint a State Forester, who shall serve at the will and pleasure of the commission and who is qualified to perform the duties as set forth herein; and to pay him such salary as is provided by the Legislature, and allow him such office expenses incidental to the performance of his official duties as the commission, in its discretion, may deem necessary; and to charge him with the immediate direction and control, subject to the supervision and approval of the commission, of all matters relating to forestry as authorized herein. Any person appointed by the commission as State Forester shall have received a bachelor's degree in forestry from an accredited school or college of forestry and shall be licensed and registered under the provisions of the Mississippi Foresters Registration Law (Section 73-36-1 et seq.) and in addition shall have had at least five (5) years' administrative experience in a forestry-related field.
(b) To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland.
(c) To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people.
(d) To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper.
(e) To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state.
(f) To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation. It shall be the duty of the State Forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations. It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests. He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests.
(g) To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.
(h) To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter.
(i) To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.
(j) To appoint, upon the State Forester's recommendation, six (6) individuals who shall be designated Mississippi Forestry Commission Law Enforcement Officers with authority to bear arms, investigate and make arrests; however, the law enforcement duties and authority of the officers shall be limited to woods arson. The officers shall comply with applicable minimum educational and training standards for law enforcement officers. These officers may issue citations for any violation of those laws for recklessly or with gross negligence causing fire to burn the lands of another. A citation issued by a Forestry Commission law enforcement officer shall be issued on a uniform citation form consisting of an original and at least two (2) copies. Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard and the date and time the person charged with a violation is to appear to answer the charge. The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint. For the purposes of this paragraph, the fact that any person is found to have a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.
This paragraph shall stand repealed on June 30, 2018.
* * *
SECTION 10. Section 49-19-407, Mississippi Code of 1972, is amended as follows:
49-19-407. The Executive
Directors of * * * the Mississippi Forestry
Commission, the Mississippi Development Authority, the MSU Forest and Wildlife
Research Center, and the Cooperative Extension Service shall establish a
procedure and guidelines for the coordination of outreach and education
programs. It shall be the duty of each agency to cooperate and to promote a
coordinated outreach and education program to increase the utilization of
private nonindustrial forest landowner forest resources and increase
profitability for such resources.
SECTION 11. Section 39-29-1, Mississippi Code of 1972, which establishes the Mississippi Commission on the Holocaust, is repealed.
SECTION 12. Sections 41-73-1, 41-73-3, 41-73-5, 41-73-7, 41-73-9, 41-73-11, 41-73-13, 41-73-15, 41-73-17, 41-73-19, 41-73-21, 41-73-23, 41-73-25, 41-73-27, 41-73-29, 41-73-31, 41-73-33, 41-73-35, 41-73-37, 41-73-39, 41-73-41, 41-73-43, 41-73-45, 41-73-49, 41-73-51, 41-73-53, 41-73-55, 41-73-57, 41-73-59, 41-73-61, 41-73-63, 41-73-65, 41-73-67, 41-73-69, 41-73-71, 41-73-73 and 41-73-75, Mississippi Code of 1972, which establish the Hospital Equipment and Authority Act, provide the powers and responsibilities of the authority, and authorize the authority to issue bonds, are repealed.
SECTION 13. Section 7-1-403, Mississippi Code of 1972, is amended as follows:
7-1-403. (1) The Bond Advisory Division is hereby granted the authority and charged with the responsibility to perform the following duties:
(a) To maintain a close working relationship with agencies authorized to incur bonded indebtedness in order to know the probable schedule for the issuance of bonds so that coordination may be accomplished for orderly issuance.
(b) To require all state agencies authorized to incur bonded indebtedness, in addition to cooperation required in subsection (a), to submit written notice of intent to sell bonds at least thirty (30) days prior to requesting the State Bond Commission to approve the sale of such bonds. Such notification shall contain such information as may be required by the director. However, with the concurrence of the State Fiscal Officer, in cases of emergency the requirement of thirty (30) days' notice may be waived by the director.
(c) To require all state agencies or political subdivisions to submit annual financial reports, and such other interim reports as deemed necessary, on projects financed by state revenue bonds or by state bonds which have the general obligation pledge of the state, but which are primarily backed by specified revenues.
(d) To maintain a complete record of all outstanding state bonds. The record shall include, but shall not be limited to, the following:
(i) Amount of principal of the bonds issued and the rates of interest;
(ii) Dates the bonds were issued, the term or terms of the bonds, and maturities;
(iii) The overall average interest rate to be paid on each issue;
(iv) The name of the paying agent;
(v) The trustees named to administer the issue and the pledges securing such bonds;
(vi) The statutes under which such bonds were issued and the statutory authority for all bonds authorized, whether issued or unissued.
(e) To maintain a close working relationship with the Mississippi Development Authority, the University Research Center and the Commissioner of Revenue in order to obtain current information concerning the economic, financial and growth conditions of the state and such other information necessary to properly comply with the intent of Sections 7-1-401 and 7-1-403.
(f) To receive the cooperation of all state agencies and institutions in accumulating the information required by Sections 7-1-401 and 7-1-403.
(g) To make continuing studies and investigations of government bond interest costs throughout the United States of America and to advise the Governor, the State Bond Commission and the Legislature concerning market conditions and credit condition of the state.
(h) To contract with the Department of Information Technology Services for such data processing or computer services as are necessary in providing complete, current and accurate information regarding bonds issued, maturity dates, interest costs, bond market trends and other data necessary for the proper management of the state's debt and investments of state funds.
(i) To issue rules and regulations as are necessary for the enforcement of the provisions of Sections 7-1-401 and 7-1-403.
(j) To investigate and require reports covering proposed transactions involving refunding bond issues, bond exchanges, bond trades, bond "swaps," redemptions, etc., which may be engaged in with regard to any state bond.
(k) To keep the Governor, Bond Commission and the Legislature informed regarding the credit outlook for the state and to furnish whatever information the Legislature requests which is required to be maintained under Sections 7-1-401 and 7-1-403.
(l) To maintain a personal relationship with rating agencies and state bond investors, including the responsibility to invite people in the national financial community to visit our state in order for them to better understand our undertakings, and to incur and pay all expenses in connection with the administration and function of the division, including information meetings or other appropriate forms of communication. All such expenses for these trips shall be paid from appropriations made for the operation of this division.
(m) To cooperate with and provide assistance to counties, municipalities and other political subdivisions when the respective governing authorities request such assistance regarding matters of financial and credit administration and in the preparation of materials and information required to be used in connection with credit ratings and the sale of bonds.
(n) To perform such other duties and acts necessary to carry out the intent of Sections 7-1-401 and 7-1-403.
(o) To maintain a complete
record of the name and business address of any person, firm, corporation or
other entity deriving any income for services performed with respect to any
bonds issued after May 16, 1988, by the State Bond Commission, State
Development Bank, Mississippi Housing Finance Corporation, Certified
Development Company of Mississippi, Inc., * * *
or any other entity issuing bonds or notes of the State of Mississippi. The
report shall specify the amount of funds, whether from bond proceeds or
otherwise, paid or to be paid to each such person or entity for services
performed for each such bond issue. The initial report shall be made available
on or before January 15, 1989, to the Clerk of the House of Representatives and
to the Secretary of the Senate. All subsequent updated reports shall be
submitted on or before January 15 of each year to the Clerk of the House of
Representatives, the Secretary of the Senate, the Chairman of the House Ways
and Means Committee and the Chairman of the Senate Finance Committee. The
State Bond Attorney shall annually compile a list of all local bond issues,
itemizing the name of the issuer, a description of the issue, the amount of the
bonds issued and the name and address of the person acting as bond counsel on
the issue. Such list shall be submitted on or before January 15 of each year
to the Clerk of the House of Representatives, the Secretary of the Senate, the
Chairman of the House Ways and Means Committee, the Chairman of the Senate
Finance Committee, and the Joint Performance Evaluation and Expenditure Review
Committee (PEER). The reports required to be compiled pursuant to this
paragraph shall be posted on the Department of Finance and Administration's
website by not later than January 15 of each year.
SECTION 14. Section 7-7-2, Mississippi Code of 1972, is amended as follows:
7-7-2. (1) The Mississippi General Accounting Office and the State Fiscal Officer, acting through the Bureau of Budget and Fiscal Management, shall be the Department of Public Accounts formerly in the Office of the State Auditor of Public Accounts.
(2) The words "State
Auditor of Public Accounts," "State Auditor" and
"Auditor" appearing in the laws of this state in connection with the
performance of Auditor's functions shall mean the State Fiscal Officer, and,
more particularly, such words or terms shall mean the State Fiscal Officer
whenever they appear in Sections 5-1-57, 5-1-59, 5-3-23, 7-1-33, 7-1-63, 7-3-29,
7-5-31, 7-11-25, 17-13-11, 9-1-36, 9-3-7, 9-3-23, 9-3-27, 9-3-29, 9-3-45, 11-35-11,
11-45-1, 21-33-47, 21-33-401, 23-5-215, 25-1-75, 25-1-81, 25-1-95, 25-1-98, 25-3-41,
25-3-51, 25-3-53, 25-3-55, 25-3-57, 25-3-59, 25-3-97, 25-7-7, 25-7-83, 25-9-135,
25-31-8, 25-31-10, 25-31-37, 27-1-35, 27-3-43, 27-3-45, 27-3-57, 27-3-59, 27-5-22,
27-5-103, 27-7-45, 27-7-313, 27-9-49, 27-11-3, 27-13-55, 27-15-203, 27-15-239,
27-15-241, 27-21-13, 27-29-1, 27-29-5, 27-29-11, 27-29-13, 27-29-15, 27-29-17,
27-29-25, 27-29-33, 27-31-109, 27-33-11, 27-33-41, 27-33-45, 27-33-47, 27-35-121,
27-35-149, 27-37-303, 27-39-13, 27-39-319, 27-41-19, 27-41-23, 27-41-25, 27-41-27,
27-41-41, 27-41-75, 27-45-1, 27-45-13, 27-45-19, 27-49-5, 27-49-9, 27-55-19, 27-55-47,
27-55-555, 27-57-35, 27-59-51, 27-65-51, 27-65-53, 27-67-29, 27-69-3, 27-69-73,
27-69-77, 27-71-301, 27-71-305, 27-71-339, 27-73-1, 27-73-7, 27-73-11, 27-103-55,
27-103-67, 27-105-7, 27-105-19, 27-105-21, 27-105-23, 27-105-33, 27-107-11, 27-107-59,
27-107-81, 27-107-101, 27-107-121, 27-107-141, 27-107-157, 27-107-173, 29-1-27,
29-1-79, 29-1-85, 29-1-87, 29-1-93, 29-1-95, 29-1-111, 31-3-17, 31-7-9, 31-9-15,
31-17-3, 31-17-59, 31-17-105, 31-19-17, 31-19-19, 31-19-21, 31-19-23, 31-5-15,
33-9-11, 35-7-45, 35-9-3, 35-9-5, 35-9-27, 35-9-29, 35-9-33, 37-3-7, 37-3-15,
37-3-17, 37-3-39, 37-13-33, 37-19-27, 37-19-29, 37-19-45, 37-19-47, 37-25-27,
37-27-17, 37-29-165, 37-31-41, 37-33-31, 37-33-71, 37-43-47, 37-101-103, 37-101-149,
37-109-25, 37-113-5, 37-133-7, 39-1-31, 39-3-109, 41-3-13, 41-4-19, 41-7-25, * * * 43-9-35, 43-13-113, 43-29-29,
45-1-11, 45-1-23, 47-5-77, 47-5-155, 49-1-65, 49-5-21, 49-5-97, 49-17-69, 49-19-1,
51-5-15, 51-33-77, 51-33-79, 51-33-81, 51-33-87, 53-1-77, 55-3-41, 57-4-21, 57-9-5,
57-10-123, 57-13-7, 57-13-19, 57-15-5, 59-5-53, 59-7-103, 59-9-71, 59-17-47, 63-19-51,
65-1-111, 65-1-117, 65-9-9, 65-9-17, 65-9-25, 65-11-43, 65-11-45, 65-23-107, 65-26-7,
65-26-35, 69-9-5, 69-15-113, 71-5-359, 73-5-5, 73-6-9, 73-19-13, 73-36-17, 75-75-109,
77-3-89, 77-9-493, 77-11-201, 81-1-49, 83-1-13, 83-1-37, 83-1-39, 83-43-7, 83-43-21,
89-11-27, 97-11-29, 97-21-1, 97-21-61 and 99-15-19, Mississippi Code of 1972.
SECTION 15. Section 41-73-47, Mississippi Code of 1972, is amended as follows:
41-73-47. The commissioners
or board of trustees of any hospital owned or operated separately or jointly by
one or more counties, cities, towns, supervisors districts or election
districts, or combination thereof, organized and existing pursuant to Section
41-13-1 et seq., are hereby authorized to enter into a lease, installment
purchase contract, sale agreement or loan agreement with * * * any participating
hospital institution, in connection with the financing, refinancing or
receiving reimbursement for all or any part of the cost of hospital equipment
or hospital facilities, or in order to sell or borrow against receivables * * *,
to document any payment obligation or debt thereby acquired by executing one or
more notes, bonds or other written evidences of obligation or indebtedness, to
secure any such payment obligation or debt by entering into one or more
security agreements, indentures or other written pledges of collateral rights
or security interests in hospital equipment, hospital facilities or in the
revenues of a hospital institution, and to enter into contracts in connection
with guarantees and letters of credit issued to secure obligations incurred
under such lease, installment purchase contract, sale agreement or loan
agreement. Any payments due under such lease, installment purchase contract,
sale agreement or loan agreement, and any obligation incurred under such
guarantee or letter of credit may be secured by a pledge of the revenues of the
participating hospital institution and such pledge, if made, may be on a parity
with or subordinate to any present or future indebtedness of the hospital or of
the political subdivision or subdivisions which own the participating hospital
institution, all as shall be provided in the contract * * *.
If required to qualify for any program whereby such payments of the
participating hospital institution or obligations of the authority backed in
whole or in part by such payments will be secured or guaranteed directly or
indirectly by the Federal Housing Administration, the Farmers Home
Administration or any other agency or instrumentality of the United States
Government, the owner or owners of the participating hospital institution may
enter into one or more mortgages, deeds of trust or other instruments to grant
a security interest in a hospital facility, or any part thereof, or in hospital
equipment. No existing indebtedness may be refunded, refinanced or otherwise
retired in advance of the due date of such indebtedness pursuant to this
section unless such refunding, refinancing or retirement of such indebtedness
will result in a net savings to the hospital incurring such indebtedness. Any
indebtedness or liability incurred pursuant to this section shall not
constitute indebtedness for the purpose of any statutory limitation of
indebtedness. Except with regard to refundings or refinancings of existing
indebtedness and with regard to obligations subject to unilateral termination
by a hospital institution on at least an annual basis, for none of which any
such consent shall be required, no payment obligation or debt shall be entered
into under authority of this section unless each owner of a hospital
institution first has given its written consent to the maximum principal amount
of obligation or debt that may be incurred and the maximum time for payment
thereof, neither of which maximums may be exceeded.
SECTION 16. Section 41-13-25, Mississippi Code of 1972, is amended as follows:
41-13-25. The board of
supervisors acting for a county, supervisors district or districts or an
election district of such county, and the board of aldermen, city council or
other like governing body acting for a city or town, are hereby authorized and
empowered to levy ad valorem taxes on all the taxable property of such
counties, cities, towns, supervisors district or election district for the
purposes of raising funds for the maintenance and operation of hospitals,
nurses' homes, health centers, health departments, diagnostic or treatment
centers, rehabilitation facilities, nursing homes and related facilities
established under the provisions of Sections 41-13-15 through 41-13-51, and for
making additions and improvements thereto and to pledge such ad valorem taxes,
whether or not actually levied, for the retirement of debt incurred either by
or on behalf of such facilities * * *;
however, any debt incurred by the pledge of taxes to retire debt incurred
either by or on behalf of such facilities * * * shall not
be included in debt limits prescribed by Section 19-9-5 or Section 21-33-303,
as the case may be * * * until such pledged taxes are actually levied. The amount levied
for such purpose shall not exceed five (5) mills on the dollar in any one (1)
year. Expenditures of said taxes for such additions and improvements shall not
exceed in any fiscal year the total amount budgeted therefor by the board of
trustees for the respective institutions affected. The tax levy authorized in
this section shall be in addition to all other taxes now or hereafter
authorized to be levied by such counties, cities, towns, supervisors districts
or election district.
It is further provided that any such supervisors district in a county with a land area of five hundred ninety-two (592) square miles, wherein Mississippi Highways 8 and 9 intersect, participating with a municipality under provisions of law by contracting to assist the cost of operation and maintenance of an erected hospital, may levy such ad valorem tax as is needed to operate and maintain such hospital as is provided herein.
SECTION 17. Sections 65-33-27 and 65-33-29, Mississippi Code of 1972, which authorize the establishment of a road protection commission for each county and provide for the organization of the commission, are repealed.
SECTION 18. Section 65-33-31, Mississippi Code of 1972, is amended as follows:
65-33-31. Whenever it shall
become necessary to construct, widen, or protect any highway under the
provisions hereof, the * * * board of supervisors shall make
publication for thirty (30) days in some newspaper published in the county
wherein such improvements are made, setting forth the commencement and
termination, with a general outline of the nature and extent thereof. When any
owner of land or other person shall claim compensation for land taken for such
purpose, or for damage sustained by the construction, widening, improvement, or
protection of such road or highway, he shall petition the board of supervisors
in writing within thirty (30) days after the expiration of the time provided
for such publication, setting forth the nature and character of the damages
claimed. Thereupon the board shall, on five (5) days' notice to petitioner, go
on the premises and assess the damages sustained by him. The finding of the
board shall be in writing, signed by the members agreeing to it, and must be
entered on the minutes at the next meeting; but if the damages sustained and
claimed be less than the cost of assessing, the board may allow the same
without inquiry.
SECTION 19. Section 65-33-33, Mississippi Code of 1972, is amended as follows:
65-33-33. All proceedings
of the board of supervisors * * * in widening,
improving, or protecting any such highway and assessing damages therefor may be
reviewed by the circuit court in respect to any matter of law arising on the
face of the proceeding. On the question of damages, the case may be tried anew
and the damages may be assessed by a jury if the owner of the land so desires.
The board of supervisors shall grant appeals for that purpose when prayed for,
on appellant giving bond for cost in such penalty as the board may require, not
exceeding Two Hundred Dollars ($200.00), payable to the
county.
SECTION 20. Sections 57-33-1 and 57-33-3, Mississippi Code of 1972, which authorize Mississippi to become a party state in the Southern Growth Policies Agreement, are repealed.
SECTION 21. Section 41-113-9, Mississippi Code of 1972, which establishes the Mississippi Tobacco Control Advisory Council, is repealed.
SECTION 22. Section 41-113-3, Mississippi Code of 1972, is amended as follows:
41-113-3. (1) There is hereby created the Office of Tobacco Control (office) which shall be an administrative division of the State Department of Health.
(2) The Office of Tobacco
Control * * * shall develop and
implement a comprehensive and statewide tobacco education, prevention and
cessation program that is consistent with the recommendations for effective
program components and funding recommendations in the 1999 Best Practices for
Comprehensive Tobacco Control Programs of the federal Centers for Disease
Control and Prevention, as those Best Practices may be periodically amended by
the Centers for Disease Control and Prevention.
(3) At a minimum, the program shall include the following components, and may include additional components that are contained within the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and that based on scientific data and research have been shown to be effective at accomplishing the purposes of this section:
(a) The use of mass media, including paid advertising and other communication tools to discourage the use of tobacco products and to educate people, especially youth, about the health hazards from the use of tobacco products, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, as well as sponsorship, exhibits and other opportunities to raise awareness statewide;
(b) Evidence-based curricula and programs implemented in schools to educate youth about tobacco and to discourage their use of tobacco products, including, but not limited to, programs that involve youth, educate youth about the health hazards from the use of tobacco products, help youth develop skills to refuse tobacco products, and demonstrate to youth how to stop using tobacco products;
(c) Local community programs, including, but not limited to, youth-based partnerships that discourage the use of tobacco products and involve community-based organizations in tobacco education, prevention and cessation programs in their communities;
(d) Enforcement of laws, regulations and policies against the sale or other provision of tobacco products to minors, and the possession of tobacco products by minors;
(e) Programs to assist and help people to stop using tobacco products; and
(f) A surveillance and evaluation system that monitors program accountability and results, produces publicly available reports that review how monies expended for the program are spent, and includes an evaluation of the program's effectiveness in reducing and preventing the use of tobacco products, and annual recommendations for improvements to enhance the program's effectiveness.
(4) All programs or activities funded by the State Department of Health through the tobacco education, prevention and cessation program, whether part of a component described in subsection (2) or an additional component, must be consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and all funds received by any person or entity under any such program or activity must be expended for purposes that are consistent with those Best Practices. The State Department of Health shall exercise sole discretion in determining whether components are consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention.
(5) Funding for the different components of the program shall be apportioned between the components based on the recommendations in the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, or any additional programs as determined by the State Board of Health to provide adequate program development, implementation and evaluation for effective control of the use of tobacco products. While the office shall develop annual budgets based on strategic planning, components of the program shall be funded using the following areas as guidelines for priority:
(a) School nurses and school programs;
(b) Mass media (counter-marketing);
(c) Cessation programs (including media promotions);
(d) Community programs;
(e) Surveillance and evaluation;
(f) Law enforcement; and
(g) Administration and management; however, not more than five percent (5%) of the total budget may be expended for administration and management purposes.
(6) In funding the components of the program, the State Department of Health may provide funding for health care programs at the University of Mississippi Medical Center and Mississippi Quality Health Center Grants that are related to the prevention and cessation of the use of tobacco products and the treatment of illnesses that are related to the use of tobacco products.
(7) No statewide, district, local, county or municipal elected official shall take part as a public official in mass media advertising under the provisions of this chapter.
SECTION 23. Section 41-113-7, Mississippi Code of 1972, is amended as follows:
41-113-7. The Office of
Tobacco Control shall perform the following duties * * *:
(a) Develop and implement appropriate policies and procedures for the operation of the tobacco education, prevention and cessation program;
(b) Develop and implement a five-year strategic plan for the tobacco education, prevention and cessation program;
(c) Develop and maintain an annual operating budget and oversee fiscal management of the tobacco education, prevention and cessation program;
(d) Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;
(e) Receive grants, bequeaths, gifts, donations or any other contributions made to the office to be used for specific purposes related to the goals of this chapter;
(f) Submit an annual report to the Legislature regarding the operation of the office;
(g) Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the office as required by law; and
(h) Take any other actions that are necessary to carry out the purposes of this chapter.
SECTION 24. Section 41-59-7, Mississippi Code of 1972, is amended as follows:
41-59-7. (1) There is created an Emergency Medical Services Advisory Council to consist of the following members who shall be appointed by the Governor:
(a) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Trauma Committee, American College of Surgeons;
(b) One (1) licensed physician to be appointed from a list of nominees who are actively engaged in rendering emergency medical services presented by the Mississippi State Medical Association;
(c) One (1) registered nurse whose employer renders emergency medical services, to be appointed from a list of nominees presented by the Mississippi Nurses Association;
(d) Two (2) hospital administrators who are employees of hospitals which provide emergency medical services, to be appointed from a list of nominees presented by the Mississippi Hospital Association;
(e) Two (2) operators of ambulance services;
(f) Three (3) officials of county or municipal government;
(g) One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Chapter of the American College of Emergency Physicians;
(h) One (1) representative from each designated trauma care region, to be appointed from a list of nominees submitted by each region;
(i) One (1) registered nurse to be appointed from a list of nominees submitted by the Mississippi Emergency Nurses Association;
(j) One (1) EMT-Paramedic whose employer renders emergency medical services in a designated trauma care region;
(k) One (1) representative from the Mississippi Department of Rehabilitation Services;
(l) One (1) member who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi;
(m) One (1) licensed neurosurgeon to be appointed from a list of nominees presented by the Mississippi State Medical Association;
(n) One (1) licensed physician with certification or experience in trauma care to be appointed from a list of nominees presented by the Mississippi Medical and Surgical Association;
(o) One (1) representative from the Mississippi Firefighters Memorial Burn Association, to be appointed by the association's governing body; and
(p) One (1) representative from the Mississippians for Emergency Medical Services, to be appointed by the association's governing body.
The terms of the advisory council members shall begin on July 1, 1974. Four (4) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years. Thereafter, members shall be appointed for a term of four (4) years. The executive officer or his designated representative shall serve as ex officio chairman of the advisory council. Advisory council members may hold over and shall continue to serve until a replacement is named by the Governor.
The advisory council shall meet at the call of the chairman at least annually. For attendance at such meetings, the members of the advisory council shall be reimbursed for their actual and necessary expenses including food, lodging and mileage as authorized by law, and they shall be paid per diem compensation authorized under Section 25-3-69.
The advisory council shall advise and make recommendations to the board regarding rules and regulations promulgated pursuant to this chapter.
* * *
SECTION 25. Section 41-59-5, Mississippi Code of 1972, is amended as follows:
41-59-5. (1) The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi. The responsibility for implementation and conduct of this program shall be vested in the State Health Officer of the State Board of Health along with such other officers and boards as may be specified by law or regulation.
(2) The board shall provide for the regulation and licensing of public and private ambulance service, inspection and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers and attendants, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities.
(3) The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter.
(4) The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61.
(5) The department acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop a uniform nonfragmented inclusive statewide trauma care system that provides excellent patient care. It is the intent of the Legislature that the purpose of this system is to reduce death and disability resulting from traumatic injury, and in order to accomplish this goal it is necessary to assign additional responsibilities to the department. The department is assigned the responsibility for creating, implementing and managing the statewide trauma care system. The department shall be designated as the lead agency for trauma care systems development. The department shall develop and administer trauma regulations that include, but are not limited to, the Mississippi Trauma Care System Plan, trauma system standards, trauma center designations, field triage, interfacility trauma transfer, EMS aero medical transportation, trauma data collection, trauma care system evaluation and management of state trauma systems funding. The department shall promulgate regulations specifying the methods and procedures by which Mississippi-licensed acute care facilities shall participate in the statewide trauma system. Those regulations shall include mechanisms for determining the appropriate level of participation for each facility or class of facilities. The department shall also adopt a schedule of fees to be assessed for facilities that choose not to participate in the statewide trauma care system, or which participate at a level lower than the level at which they are capable of participating. The fees paid under this provision shall be for the exclusive benefit of the statewide trauma care system and shall not lapse into the State General Fund. The department shall promulgate rules and regulations necessary to effectuate this provision by September 1, 2008, with an implementation date of September 1, 2008. The department shall take the necessary steps to develop, adopt and implement the Mississippi Trauma Care System Plan and all associated trauma care system regulations necessary to implement the Mississippi Trauma Care System. The department shall cause the implementation of both professional and lay trauma education programs. These trauma educational programs shall include both clinical trauma education and injury prevention. As it is recognized that rehabilitation services are essential for traumatized individuals to be returned to active, productive lives, the department shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems.
(6) The State Board of
Health is authorized to receive any funds appropriated to the board from the
Mississippi Trauma Care Systems Fund created in Section 41-59-75. It is
further authorized, with the Emergency Medical Services Advisory Council * * *
acting in an advisory * * * capacity, to administer the
disbursements of those funds according to adopted trauma care system
regulations. Any Level I trauma care facility or center located in a state
contiguous to the State of Mississippi that participates in the Mississippi
Trauma Care System and has been designated by the department to perform
specified trauma care services within the Trauma Care System under standards
adopted by the department shall receive a reasonable amount of reimbursement
from the department for the cost of providing trauma care services to
Mississippi residents whose treatment is uncompensated.
(7) In addition to the trauma-related duties provided for in this section, the Board of Health shall develop a plan for the delivery of services to Mississippi burn victims through the existing trauma care system of hospitals. Such plan shall be operational by July 1, 2005, and shall include:
(a) Systems by which burn patients will be assigned or transferred to hospitals capable of meeting their needs;
(b) Until the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational, procedures for allocating funds appropriated from the Mississippi Burn Care Fund to hospitals that provide services to Mississippi burn victims; and
(c) Such other provisions necessary to provide burn care for Mississippi residents, including reimbursement for travel, lodging, if no free lodging is available, meals and other reasonable travel-related expenses incurred by burn victims, family members and/or caregivers, as established by the State Board of Health through rules and regulations.
After the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational, the Board of Health shall revise the plan to include the Mississippi Burn Center.
SECTION 26. Section 83-1-201, Mississippi Code of 1972, which establishes the Windstorm Mitigation Coordinating Council, is repealed.
SECTION 27. Section 83-34-5, Mississippi Code of 1972, is amended as follows:
83-34-5. The association shall, pursuant to the provisions of this chapter and the plan of operation, and with respect to essential property insurance on insurable property, have the power:
(a) To issue policies of essential property insurance on insurable property to applicants;
(b) At its option, and with consent of the commissioner, to issue policies of related essential property insurance on insurable property to applicants;
(c) To purchase reinsurance for all or part of the risks of the association;
(d) To levy and collect regular assessments from assessable insurers;
(e) To issue bonds or incur other forms of indebtedness, including, but not limited to, loans, lines of credit or letters of credit;
(f) To establish underwriting criteria consistent with the provisions of this chapter and as approved by the commissioner;
(g) To invest and reinvest income and assets subject to the oversight of the commissioner;
(h) To enter into
contractual agreements with third parties * * * for the purposes of developing and
implementing windstorm mitigation programs; and
(i) All other powers necessary to carry out the provisions and intent of this chapter.
SECTION 28. This act shall take effect and be in force from and after July 1, 2018.