House Bill 1521

AN ACT TO AMEND SECTION 7-9-70, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI BURN CARE FUND SHALL BE A TRUST FUND AND THAT MONIES IN THE FUND SHALL REMAIN INVIOLATE AND SHALL BE INVESTED AS PROVIDED BY LAW; TO PROVIDE THAT INTEREST AND INCOME DERIVED FROM INVESTMENT OF THE PRINCIPAL OF THE TRUST FUND MAY BE APPROPRIATED BY THE LEGISLATURE TO THE MISSISSIPPI FIRE FIGHTER'S ASSOCIATION FOR DEPOSIT IN A SPECIAL ACCOUNT OF THE ASSOCIATION; TO PROVIDE THAT MONIES IN THE ACCOUNT MAY BE EXPENDED BY THE MISSISSIPPI FIRE FIGHTER'S ASSOCIATION ONLY FOR THE PURPOSES OF DEFRAYING THE EXPENSES OF THE MISSISSIPPI BURN CAMP FOR KIDS AND FOR IMPLEMENTING THE MISSISSIPPI FIRE FIGHTER FAMILY ASSISTANCE PROGRAM; TO PRESCRIBE THE PURPOSES FOR WHICH MONIES IN THE SPECIAL ACCOUNT OF THE MISSISSIPPI FIRE FIGHTER'S ASSOCIATION MAY BE EXPENDED; TO REMOVE THE AUTHORITY OF THE LEGISLATURE TO APPROPRIATE MONIES IN THE MISSISSIPPI BURN CARE FUND TO THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTION 41-59-5, MISSISSIPPI CODE OF 1972, TO DELETE THE DUTIES OF THE STATE BOARD OF HEALTH WITH REGARD TO THE MANAGEMENT AND EXPENDITURE OF MONIES APPROPRIATED FROM THE MISSISSIPPI BURN CARE FUND TO THE STATE DEPARTMENT OF HEALTH FOR DEVELOPMENT AND IMPLEMENTATION OF A PLAN FOR THE DELIVERY OF SERVICES TO MISSISSIPPI BURN VICTIMS THROUGH THE EXISTING TRAUMA CARE SYSTEM OF HOSPITALS; TO AMEND SECTIONS 27-39-331 AND 27-39-332, MISSISSIPPI CODE OF 1972, IN CONFORMITY WITH THE PROVISIONS OF THIS ACT; TO REPEAL SECTION 27-19-44.3, MISSISSIPPI CODE OF 1972, WHICH REQUIRES THE STATE DEPARTMENT OF HEALTH TO FILE AN ANNUAL REPORT WITH THE SECRETARY OF THE SENATE AND THE CLERK OF THE HOUSE OF REPRESENTATIVES DESCRIBING THE EXPENDITURE OF FUNDS FROM THE MISSISSIPPI BURN CARE FUND RECEIVED FROM FEES COLLECTED FROM THE ISSUANCE OF DISTINCTIVE LICENSE TAGS TO FIRE FIGHTERS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-9-70, Mississippi Code of 1972, is amended as follows:

7-9-70. (1) There is hereby created and established in the State Treasury a special trust fund to be known as the "Mississippi Fire Fighters Memorial Burn Center Fund." There shall be deposited in such fund (a) all such fees as the State Treasurer is directed to deposit therein under subsection (4) of Section 27-19-56.1, under subsection (4) of Section 27-19-56.2 and under subsection (5)(b) of Section 27-19-56.4; and (b) any gift, donation, bequest, trust, grant, endowment, transfer of money or securities or any other monies from any source whatsoever as may be designated for deposit in the fund.

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(2) From and after the effective date of this act, there shall be created in the State Treasury a fund known as the Mississippi Burn Care Fund. The Mississippi Burn Care Fund shall be the Mississippi Fire Fighters Memorial Burn Center Fund and any reference to the Mississippi Fire Fighters Memorial Burn Center Fund in law shall mean the Mississippi Burn Care Fund. All funds payable to the Mississippi Fire Fighters Memorial Burn Center Fund shall from the effective date of this act, be paid to the Mississippi Burn Care Fund. All balances in the Mississippi Fire Fighters Memorial Burn Center Fund and the Mississippi Fire Fighters Memorial Fire Fighters Burn Center Escrow Fund shall be transferred to the Mississippi Burn Care Fund on the effective date of this act. All interest earned by funds in the Mississippi Burn Care Fund shall be credited to the fund and not the General Fund. For fiscal year 2008, and for each fiscal year thereafter, the principal of the trust fund created under subsection (1) of this section shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the trust fund may be appropriated by the Legislature to the Mississippi Fire Fighter's Association for deposit in a special account of the association. Monies in the account may be expended by the Mississippi Fire Fighter's Association only for the purposes of defraying the expenses of the Mississippi Burn Camp for Kids and for implementing the Mississippi Fire Fighter Family Assistance Program. Monies in the account expended for the Mississippi Fire Fighter Family Assistance Program shall be used by the Mississippi Fire Fighter's Association to assist fire fighters and their families in the payment of medical bills, travel expenses to medical facilities, room and board for fire fighters' spouses and other expenses related to treatment and care of fire fighters who have received burns that require medical attention and, as determined by a physician, are deemed critical or life threatening or cause other major trauma to the body while operating at the scene of an official emergency or during a training session or while in transit to or from an official emergency or training session. Monies in the account shall be secured by a bond purchased by the Mississippi Fire Fighter's Association and the account shall be subject to an annual audit by the State Auditor.

(3) The Mississippi Burn Care Fund shall be authorized to accept gifts, donations, bequests, appropriations or other grants from any source, governmental or private, for deposit into the fund. * * *

SECTION 2. 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 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 System Fund created in Section 41-59-75. It is further authorized, with the Emergency Medical Services Advisory Council and the Mississippi Trauma Advisory Committee acting in advisory capacities, to administer the disbursements of such funds according to adopted trauma care system regulations.

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SECTION 3. Section 27-39-331, Mississippi Code of 1972, is amended as follows:

27-39-331. The board of supervisors of any county is hereby authorized and empowered, in its discretion, to set aside, appropriate and expend monies from the general fund * * * for deposit to the Mississippi Burn Care Fund.

SECTION 4. Section 27-39-332, Mississippi Code of 1972, is amended as follows:

27-39-332. The board of supervisors of any county is hereby authorized and empowered, in its discretion, to levy a tax not to exceed one (1) mill per annum upon all taxable property of the county for deposit to the Mississippi Burn Care Fund.

SECTION 5. Section 27-19-44.3, Mississippi Code of 1972, which requires the State Department of Health to file an annual report with the Secretary of the Senate and the Clerk of the House of Representatives describing the expenditure of funds from the Mississippi Burn Care Fund received from fees collected from the issuance of distinctive license tags to fire fighters, is repealed.

SECTION 6. This act shall take effect and be in force from and after July 1, 2007.