Senate Bill 2146

AN ACT TO AMEND SECTION 57-117-3, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF THE TERM HEALTH CARE INDUSTRY FACILITY IN THE MISSISSIPPI HEALTH CARE INDUSTRY ZONE ACT; TO AMEND SECTION 57-117-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A HEALTH CARE INDUSTRY FACILITY THAT DOES NOT PROVIDE DIRECT PATIENT CARE MAY BE LOCATED ANYWHERE WITHIN THE BOUNDARIES OF A COUNTY IN WHICH A HEALTH CARE INDUSTRY ZONE IS LOCATED; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 57-117-3, Mississippi Code of 1972, is amended as follows:

57-117-3. In this chapter:

(a) "Health care industry facility" means a business engaged in the research and development of pharmaceuticals, biologics, biotechnology, diagnostic imaging, medical supplies, medical equipment or medicine and related manufacturing or processing, medical service providers, medical product distribution, or laboratory testing that:

(i) Creates a minimum of twenty-five (25) new full-time jobs and/or Ten Million Dollars ($10,000,000.00) of capital investment after July 1, 2012 * * *., if the facility provides direct patient care; or

(ii) Creates a minimum of five (5) new full-time jobs and/or Three Million Dollars ($3,000,000.00) of capital investment after July 1, 2013, if the facility does not provide direct patient care.

(b) "MDA" means the Mississippi Development Authority.

(d) "Local government unit" means any county or incorporated city, town or village in the State of Mississippi.

(e) "Person" means a natural person, partnership, limited liability company, association, corporation, business trust or other business entity.

(f) "Qualified business" means a business or health care industry facility that meets the requirements of Section

57-117-7 and any other requirements of this chapter.

SECTION 2. Section 57-117-5, Mississippi Code of 1972, is amended as follows:

57-117-5. (1) The MDA may certify an area as a health care industry zone if the following requirements are met:

(a) The area is located within:

(i) Three (3) contiguous counties which have certificates of need of more than three hundred seventy-five (375) acute care hospital beds; and/or

(ii) A county which has a hospital with a minimum capital investment of Two Hundred Fifty Million Dollars ($250,000,000.00) and for which construction is completed before July 1, 2017;

(b) (i) If the health care industry facility provides direct patient care, the facility is located within a five-mile radius of a facility with a certificate of need for hospital beds; * * *~~and~~ or

(ii) If the health care industry facility does not provide direct patient care, the facility is located within the boundaries of county in which the health care industry zone is located; and

(c) The zoning of the local government unit allows the construction or operation in the proposed health care industry zone of the health care industry facility.

(2) The MDA may adopt and promulgate such rules and regulations, in compliance with the Mississippi Administrative Procedures Law, as are necessary for the efficient and effective administration of this section in keeping with the purposes for which it is enacted.

SECTION 3. This act shall take effect and be in force from and after July 1, 2013.