MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Insurance

By: Senator(s) Kirby

AN ACT TO AMEND SECTION 43-20-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE FIRE MARSHAL TO COLLECT AN INSPECTION FEE WHEN REQUIRED TO CONDUCT AN INSPECTION OF CHILD CARE FACILITIES APPLYING FOR A LICENSE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-20-11, Mississippi Code of 1972, is amended as follows:

43-20-11. An application for a license under this chapter shall be made to the licensing agency upon forms provided by it, and shall contain such information as the licensing agency may reasonably require. Each application for a license shall be accompanied by a license fee not to exceed Two Hundred Dollars ($200.00), which shall be paid to the licensing agency. Licenses shall be granted to applicants upon the filing of properly completed application forms, accompanied by payment of the said license fee, and a certificate of inspection and approval by the fire department of the municipality or other political subdivision in which the facility is located, and by a certificate of inspection and approval by the health department of the county in which the facility is located, and approval by the licensing agency; except that if no fire department exists where the facility is located, the State Fire Marshal shall certify as to the inspection for safety from fire hazards. Said fire, county health department and licensing agency inspections and approvals shall be based upon regulations promulgated by the licensing agency as approved by the State Board of Health.

Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

No governmental entity or agency shall be required to pay the

license fee or fees set forth in this section. However, for each safety inspection conducted by the State Fire Marshal pursuant to this section, the licensing agency shall pay an inspection fee to the State Fire Marshal in accordance with Section 45-11-105(2), and such inspection fee shall be paid from the license fee collected by the licensing agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.