1997 Regular Session
To: Public Health and Welfare
By: Representative Moody
House Bill 862
AN ACT TO AMEND SECTION 43-16-11, MISSISSIPPI CODE OF 1972, TO REQUIRE CHILD RESIDENTIAL HOMES TO CONFORM TO LIFE SAFETY CODES FOR FIRE SAFETY; TO CREATE A NEW SECTION TO BE CODIFIED AS SECTION 43-26-25, MISSISSIPPI CODE OF 1972, TO REQUIRE AN ANNUAL FEE TO BE PAID TO THE STATE DEPARTMENT OF HEALTH FOR CHILD RESIDENTIAL HOME REGISTRATION; TO AMEND SECTION 75-74-9, MISSISSIPPI CODE OF 1972, TO RECONSTITUTE THE YOUTH CAMP ADVISORY COUNCIL; TO AMEND SECTION 75-74-11, MISSISSIPPI CODE OF 1972, TO MODIFY YOUTH CAMP FEES; TO REPEAL SECTION 75-74-13, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A WAIVER OF COMPLIANCE WITH THE RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH FOR YOUTH CAMPS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-16-11, Mississippi Code of 1972, is amended as follows:
43-16-11. (1) Acknowledgment of notification shall be issued by the department upon the filing of a properly completed notification form accompanied by (a) a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the home is located, and (b) a certificate of inspection and approval by the health department of the county in which the home is located.
(2) If no fire department exists where the home is located, the State Fire Marshal shall certify as to the inspection for safety from fire hazards. The State Fire Marshal shall establish standards for safety from fire hazards at child residential homes. Such standards shall be in conformance with the applicable chapters of the NFPA 101 Life Safety Code Handbook.
(3) Upon notification by a child residential home, the department shall provide copies of the notification form to the chancery court or the youth court, as appropriate, of the county in which the home is located.
SECTION 2. The following provision shall be codified as Section 43-16-25, Mississippi Code of 1972:
43-16-25. Each child residential home registered under this chapter shall pay to the department an annual registration fee of One Hundred Dollars ($100.00).
SECTION 3. Section 75-74-9, Mississippi Code of 1972, is amended as follows:
75-74-9. (1) The State Board of Health shall have the authority and the duty to make and promulgate rules and regulations consistent with the policy and purpose of this chapter, and to amend any rule or regulation it makes. In developing such rules and regulations, the board shall consult with appropriate public and private officials and organizations and parents and camp operators. It shall be the duty of the board to advise all existing youth camps in this state of this chapter and any rules and regulations promulgated under this chapter.
(2) There is created within the State Board of Health the Advisory Council on Youth Camp Safety to advise and consult on policy matters relating to youth camp safety * * *. The council consists of the State Health Officer or his representative * * * and a minimum of eight (8) members appointed by the board, including the following groups: one (1) member representative each from a private nonsectarian camp, a church related or sponsored camp, the Girl Scouts * * * of America, the Boy Scouts of America, * * * the Mississippi Camping Association, camps for the handicapped and civic organization camps; and a consumer, parent or older youth with prior camping experience * * *. A member is entitled to hold office for two (2) years or until his successor is appointed and qualifies. The State Health Officer or his representative shall fill vacancies for unexpired terms. Council members serve without compensation, but are entitled to be reimbursed for actual expenses incurred in the performance of their duties. The State Health Officer may appoint special advisory or technical experts and consultants as are necessary to assist the council in carrying out its functions.
(3) No rule or regulation promulgated or amended by the board under this chapter shall be effective until a public hearing is held thereon * * *. Notice of a public hearing, including the time, date and location of the hearing and the substance of the proposed rule, regulation or amendment, shall be given by the board to each licensee of a youth camp and the general public no less than ten (10) days nor more than thirty (30) days before the hearing. Any interested person may appear at the hearing to present evidence or testimony concerning the proposed rule, regulation or amendment.
SECTION 4. Section 75-74-11, Mississippi Code of 1972, is amended as follows:
75-74-11. (1) No person or organization may operate or sponsor a youth camp in Mississippi without first holding a valid license under this chapter and without complying with the provisions of this chapter and with any rule, regulation or order of the State Board of Health.
(2) The board shall have the authority to collect the following fees:
(a) Each application for a license to operate or sponsor a youth camp shall be accompanied by a license fee of Two Hundred Fifty Dollars ($250.00), which shall be paid to the board.
(b) A license issued under this chapter may be renewed annually upon payment of a renewal fee of Two Hundred Fifty Dollars ($250.00), which shall be paid to the board.
(c) Each application for a manager=s permit issued within a licensing year shall be accompanied by a permit fee of Fifty Dollars ($50.00).
(3) No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 5. Section 75-74-13, Mississippi Code of 1972, which provides for a waiver of compliance with regulations of the State Board of Health for youth camps, is repealed.
SECTION 6. This act shall take effect and be in force from and after July 1, 1997.