MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Health and Welfare

By: Senator(s) Nunnelee

Senate Bill 2860

AN ACT TO AMEND SECTION 43-20-7, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP OF THE CHILDCARE ADVISORY COUNCIL IN THE STATE DEPARTMENT OF HEALTH; TO AMEND SECTIONS 43-20-11 AND 43-20-13, MISSISSIPPI CODE OF 1972, TO INCREASE LICENSURE FEES FOR CHILD CARE FACILITIES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-20-7, Mississippi Code of 1972, is amended as follows:

     43-20-7.  (1)  There is hereby created an advisory council which shall be appointed by the State Health Officer, who shall serve at the pleasure of the State Health Officer.

     (2)  The advisory council shall consist of twelve (12) persons, six (6) of whom shall be licensed child care providers, and six (6) of whom shall represent child care professional organizations, child advocacy groups, child care associations * * * or state agencies which provide child care funding, education or services.  No more than four (4) members shall be appointed from any one (1) state Supreme Court district.

     (3)  It shall be the duty of the advisory council to assist and advise the licensing agency in the development of regulations governing the licensure and regulation of child care facilities.

     (4)  Members of the advisory council shall be reimbursed for mileage and expenses as is authorized by law.

     SECTION 2.  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 Four Hundred Dollars ($400.00), 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.  Saidfire, 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 fee or fees set forth in this section.

     SECTION 3.  Section 43-20-13, Mississippi Code of 1972, is amended as follows:

     43-20-13.  A license issued under the provisions of this chapter shall be renewed upon payment of a renewal fee not to exceed Four Hundred Dollars ($400.00) per year and upon filing by the licensee of a report upon such uniform dates and upon forms provided by the licensing agency, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section 43-20-11.

     No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2007.