MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Representatives Formby, Brown, Moore
AN ACT TO REENACT SECTIONS 41-3-1.1, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 AND 41-3-19, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHED THE STATE DEPARTMENT OF HEALTH, THE STATE BOARD OF HEALTH AND THE POSITION OF THE EXECUTIVE OFFICER OF THE DEPARTMENT AND PRESCRIBE THEIR POWERS AND DUTIES; TO AMEND REENACTED SECTION 41-3-1.1, MISSISSIPPI CODE OF 1972, TO ABOLISH THE STATE DEPARTMENT OF HEALTH AND THE STATE BOARD OF HEALTH; TO TRANSFER ALL OF THE POWERS, DUTIES, PROPERTY, EMPLOYEES, CONTRACTUAL RIGHTS AND OBLIGATIONS AND UNEXPENDED FUNDS OF THE DEPARTMENT TO THE DIVISION OF HEALTH IN THE OFFICE OF THE GOVERNOR; TO TRANSFER ALL OF THE POWERS AND DUTIES OF THE BOARD TO THE EXECUTIVE DIRECTOR OF THE DIVISION OF HEALTH; TO ESTABLISH THE DIVISION OF HEALTH IN THE OFFICE OF THE GOVERNOR TO PERFORM THE DUTIES THAT WERE FORMERLY PERFORMED BY THE STATE DEPARTMENT OF HEALTH; TO AMEND REENACTED SECTION 41-3-5.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE GOVERNOR SHALL APPOINT A FULL-TIME EXECUTIVE DIRECTOR OF THE DIVISION OF HEALTH, WHO SHALL SERVE AT THE WILL AND PLEASURE OF THE GOVERNOR; TO PRESCRIBE THE QUALIFICATIONS OF THE EXECUTIVE DIRECTOR; TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE THE STATE HEALTH OFFICER; TO AMEND REENACTED SECTIONS 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 AND 41-3-19, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTION 41-3-3, MISSISSIPPI CODE OF 1972, WHICH REQUIRES MEMBERS APPOINTED TO THE STATE BOARD OF HEALTH TO TAKE THE CONSTITUTIONAL OATH OF OFFICE, AND SECTION 41-3-4, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE ELECTION OF THE CHAIRMAN AND VICE CHAIRMAN OF THE STATE BOARD OF HEALTH, MEETINGS OF THE BOARD AND COMPENSATION OF THE BOARD MEMBERS; TO AMEND SECTION 41-3-20, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE DIVISION OF HEALTH IN THE OFFICE OF THE GOVERNOR AND THE POSITION OF THE EXECUTIVE DIRECTOR OF THE DIVISION OF HEALTH AND PRESCRIBE THEIR POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-3-1.1, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-1.1. (1) * * *
The
State Department of Health is abolished, and all of the powers, duties,
property, employees, contractual rights and obligations and unexpended funds of
the department shall be transferred to the Division of Health in the Office of
the Governor that is established in subsection (3) of this section. Wherever
the term "State Department of Health," "Department of Health,"
or "department," when referring to the State Department of Health,
appears in any law, rule, regulation or document, the same shall be construed
to mean the Division of Health in the Office of the Governor.
(2) The State Board of Health is abolished, and all of the powers and duties of the board shall be transferred to the Executive Director of the Division of Health appointed under Section 41-3-5.1. Wherever the term "State Board of Health," "Board of Health," or "board," when referring to the State Board of Health, appears in any law, rule, regulation or document, the same shall be construed to mean the Executive Director of the Division of Health.
(3) There is established the Division of Health in the Office of the Governor to perform the duties that were formerly performed by the State Department of Health and such other duties as are prescribed by law.
SECTION 2. Section 41-3-5.1, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-5.1. * * * (1) The Governor shall appoint a full-time
executive director of the Division of Health, with the advice and consent of
the Senate, who shall be either a physician who has earned a graduate
degree in public health or health care administration, or a physician who in
the opinion of the * * *
Governor is fitted and equipped to execute the duties incumbent upon him
or her by law. The executive * * * director shall not engage in the
private practice of medicine. The * * * executive * * * director shall * * * serve at
the will and pleasure of the Governor. * * * The
executive * * *
director shall be the State Health Officer with such authority and
responsibility as is prescribed by law.
(2) The executive director shall be the official secretary and legal custodian of the records of the division; shall be the agent of the division for the purpose of receiving all service of process, summons and notices directed to the division; shall perform such other duties as the Governor may prescribe from time to time; and shall perform all other duties that are now or may be imposed upon him or her by law.
(3) The executive director shall, before entering upon the discharge of the duties of the office, take and subscribe to the oath of office prescribed by the Mississippi Constitution and shall file the same in the Office of the Secretary of State, and shall execute a bond in some surety company authorized to do business in the state in the penal sum of One Hundred Thousand Dollars ($100,000.00), conditioned for the faithful and impartial discharge of the duties of the office. The premium on the bond shall be paid as provided by law out of funds appropriated to the Division of Health.
(4) When the salary of the executive director is not set by law, that salary shall be set by the State Personnel Board. No employees of the Division of Health shall be considered to be staff members of the immediate Office of the Governor; however, Section 25-9-107(c)(xv) shall apply to the executive director and other administrative heads of the division.
SECTION 3. Section 41-3-6, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-6. It shall be the
duty of the * * * executive director to review the statutes of
the State of Mississippi affecting public health and submit at least thirty
(30) days * * *
before each regular session of the Legislature any proposed legislation
as may be necessary to enhance the effective and efficient delivery of public
health services and to bring existing statutes into compliance with modern
technology and terminology. The * * * executive director shall formulate
a plan for consolidating and reorganizing existing state agencies having
responsibilities in the field of public health to eliminate any needless
duplication in services which may be found to exist. In carrying out the
provisions of this section, the * * * executive director
shall cooperate with and may * * * use the services, facilities and
personnel of any department or agency of the state, any private citizen task
force and the committees on public health of both houses of the Legislature.
The * * * executive director is authorized to apply for and
expend funds made available to * * * him or her by grant from any source
in order to perform * * *
his or her responsibilities under this section.
SECTION 4. Section 41-3-15, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-15. (1) * * *
The * * * Executive Director of the Division of Health
shall have the following powers and duties:
(i) To formulate
the policy of the * * * division regarding public health matters
within the jurisdiction of the * * * division;
(ii) To adopt,
modify, repeal and promulgate, with the approval of the Governor and
after due notice and hearing, and enforce rules and regulations implementing or
effectuating the powers and duties of the * * * division under any and all
statutes within the * * *
division's jurisdiction, and as the * * * executive director may deem
necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into * * * and * * * execute
contracts, grants and cooperative agreements with any federal or state agency
or subdivision thereof, or any public or private institution located inside or
outside the State of Mississippi, or any person, corporation or association in
connection with carrying out the provisions of this chapter, if it finds those
actions to be in the public interest and the contracts or agreements do not
have a financial cost that exceeds the amounts appropriated for those purposes
by the Legislature;
(v) To appoint * * * a Director of Internal Audit who shall
be either a Certified Public Accountant or Certified Internal Auditor, and
whose employment shall be continued at the discretion of the * * * executive director, and who shall
report directly to the * * *
executive director, or * * * his or her designee; * * *
(vi) To discharge
such other duties, responsibilities and powers as are necessary to implement
the provisions of this chapter * * *;
* * *
( * * *vii) To supervise and direct all
administrative and technical activities of the * * * division;
( * * *viii) To organize the administrative
units of the * * * division and reassign
responsibilities as he or she may deem necessary * * *;
( * * *ix) To coordinate the activities of
the various offices of the * * * division;
( * * *x) To employ, with the approval of
the Governor and subject to regulations of the State Personnel Board,
qualified professional personnel in the subject matter or fields of each
office, and such other technical and clerical staff as may be required for the
operation of the * * *
division, and fix the compensation for those persons. The executive * * * director shall be the appointing
authority for the * * *
division, and shall have the power to delegate the authority to appoint
or dismiss employees to appropriate subordinates, subject to the rules and
regulations of the State Personnel Board;
( * * *xi) To * * * conduct such
studies and investigations as he or she may deem appropriate * * *;
( * * *xii) To prepare and deliver to the
Legislature and the Governor on or before January 1 of each year, and at such
other times as may be required by the Legislature or Governor, a full report of
the work of the * * *
division and the offices thereof, including a detailed statement of
expenditures of the * * *
division and any recommendations the * * * executive director may have;
( * * *xiii) To prepare and deliver to the
Chairmen of the Public Health and Welfare/Human Services Committees of the
Senate and House on or before January 1 of each year, a plan for monitoring
infant mortality in Mississippi and a full report of the work of the * * * division on reducing
Mississippi's infant mortality and morbidity rates and improving the status of
maternal and infant health; and
( * * *xiv) To enter into contracts, grants
and cooperative agreements with any federal or state agency or subdivision
thereof, or any public or private institution located inside or outside the
State of Mississippi, or any person, corporation or association in connection
with carrying out the provisions of this chapter, if he or she finds those
actions to be in the public interest and the contracts or agreements do not
have a financial cost that exceeds the amounts appropriated for those purposes
by the Legislature. * * *
(2) The * * * executive director
shall have the authority to establish an Office of Rural Health within the * * * division. The duties and
responsibilities of this office shall include the following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The * * * division shall
have general supervision of the health interests of the people of the state and
to exercise the rights, powers and duties of those acts which it is authorized
by law to enforce.
(4) The * * * division shall
have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and
collect reasonable fees for health services, including immunizations,
inspections and related activities, as determined by the executive director,
and the * * *
division shall charge fees for those services; however, if it is
determined that a person receiving services is unable to pay the total fee, the * * * division shall collect any amount
that the person is able to pay. Any increase in the fees charged by the * * * division under this paragraph
shall be in accordance with the provisions of Section 41-3-65.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require
that a permit be obtained from the * * * division before
those persons begin operation. If any such person fails to obtain the permit
required in this subparagraph (ii), the * * * executive director,
after due notice and opportunity for a hearing, may impose a monetary penalty
not to exceed One Thousand Dollars ($1,000.00) for each violation. However,
the * * *
executive director is not authorized to impose a monetary penalty
against any person whose gross annual prepared food sales are less than Five
Thousand Dollars ($5,000.00). Money collected by the * * * division under this subparagraph
(ii) shall be deposited to the credit of the State General Fund of the State
Treasury.
(g) To promulgate
rules and regulations, with the approval of the Governor, and exercise
control over the production and sale of milk * * * under the provisions of
Sections 75-31-41 through 75-31-49.
(h) On presentation of
proper authority, to enter into and inspect any public place or building where
the * * * executive director or his or her
representative deems it necessary and proper to enter for the discovery and
suppression of disease and for the enforcement of any health or sanitary laws
and regulations in the state.
(i) To conduct
investigations, inquiries and hearings, and to issue subpoenas from the
executive director for the attendance of witnesses and the production of
books and records at any hearing when authorized and required by statute to be
conducted by the * * * division or the
executive director.
(j) To promulgate rules and regulations, with the approval of the Governor, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The * * * executive director
shall have the authority, in its discretion, to establish programs to promote
the public health, to be administered by the * * * division.
Specifically, those programs may include, but shall not be limited to, programs
in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
(viii) Child care licensure;
(ix) Radiological health;
(x) Dental health;
(xi) Milk sanitation;
(xii) Occupational safety and health;
(xiii) Food, vector control and general sanitation;
(xiv) Protection of drinking water;
(xv) Sanitation in food handling establishments open to the public;
(xvi) Registration of births and deaths and other vital events;
(xvii) Such public
health programs and services as may be assigned to the * * * division by the
Legislature or by executive order; and
(xviii) Regulation of domestic and imported fish for human consumption.
(b) The * * *
division and the executive director shall not be authorized to sell,
transfer, alienate or otherwise dispose of any of the home health agencies
owned and operated by the * * *department division on January 1, 1995, and shall not
be authorized to sell, transfer, assign, alienate or otherwise dispose of the
license of any of those home health agencies, except upon the specific
authorization of the Legislature by an amendment to this section. However,
this paragraph (b) shall not prevent the * * * division or the
executive director from closing or terminating the operation of any home
health agency owned and operated by the * * * division, or closing or
terminating any office, branch office or clinic of any such home health agency,
or otherwise discontinuing the providing of home health services through any
such home health agency, office, branch office or clinic, if the * * * executive director first
demonstrates that there are other providers of home health services in the area
being served by the * * *
division's home health agency, office, branch office or clinic that will
be able to provide adequate home health services to the residents of the area
if the * * *
division's home health agency, office, branch office or clinic is closed
or otherwise discontinues the providing of home health services. This
demonstration by the * * *
executive director that there are other providers of adequate home
health services in the area shall be * * * made public at least
thirty (30) days before a home health agency, office, branch office or clinic
is proposed to be closed or otherwise discontinue the providing of home health
services.
(c) The * * * division may
undertake such technical programs and activities as may be required for the
support and operation of those programs, including maintaining physical,
chemical, bacteriological and radiological laboratories, and may make such
diagnostic tests for diseases and tests for the evaluation of health hazards as
may be deemed necessary for the protection of the people of the state.
(6) (a) The * * * division shall
administer the local governments and rural water systems improvements loan
program in accordance with the provisions of Section 41-3-16.
(b) The * * * executive director
shall have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish
and collect fees to defray the reasonable costs of administering the revolving
fund or emergency fund if the * * * executive director
determines that those costs will exceed the limitations established in the
federal Safe Drinking Water Act, as amended. The administration fees may be
included in loan amounts to loan recipients for the purpose of facilitating
payment to the * * *
division; however, those fees may not exceed five percent (5%) of the
loan amount.
(7) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: The * * * division shall issue a
license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit
corporation, for the construction, conversion, expansion and operation of not
more than forty-five (45) beds for developmentally disabled adults who have
been displaced from New Orleans, Louisiana, with the beds to be located in a
certified ICF-MR facility in the City of Laurel, Mississippi. There shall be
no prohibition or restrictions on participation in the Medicaid program for the
person receiving the license under this subsection (7). The license described
in this subsection shall expire five (5) years from the date of its issue. The
license authorized by this subsection shall be issued upon the initial payment
by the licensee of an application fee of Sixty-seven Thousand Dollars
($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00)
after the issuance of the license, to be paid as long as the licensee continues
to operate. The initial and monthly licensing fees shall be deposited by the * * * division into
the special fund created under Section 41-7-188.
(8) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: The * * * division is
authorized to issue a license to an existing home health agency for the
transfer of a county from that agency to another existing home health agency,
and to charge a fee for reviewing and making a determination on the application
for such transfer not to exceed one-half (1/2) of the authorized fee assessed
for the original application for the home health agency, with the revenue to be
deposited by the * * * division into the special fund created under
Section 41-7-188.
(9) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: For the period beginning July 1,
2010, through July 1, 2017, the * * * division is
authorized and empowered to assess a fee in addition to the fee prescribed in
Section 41-7-188 for reviewing applications for certificates of need in an
amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of
the amount of a proposed capital expenditure, but shall be not less than Two
Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed
capital expenditure, and the maximum additional fee permitted shall not exceed
Fifty Thousand Dollars ($50,000.00). * * * However, the total
assessments of fees for certificate of need applications under Section 41-7-188
and this section shall not exceed the actual cost of operating the certificate
of need program.
(10) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: The * * * division is
authorized to extend and renew any certificate of need that has expired, and to
charge a fee for reviewing and making a determination on the application for
such action not to exceed one-half (1/2) of the authorized fee assessed for the
original application for the certificate of need, with the revenue to be
deposited by the * * * division into the special fund created
under Section 41-7-188.
(11) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: The * * * division is
authorized and empowered, to revoke, immediately, the license and require
closure of any institution for the aged or infirm, including any other remedy
less than closure to protect the health and safety of the residents of said
institution or the health and safety of the general public.
(12) Notwithstanding any
other provision to the contrary, the * * * division
shall have the following specific powers: The * * * division is
authorized and empowered, to require the temporary detainment of individuals
for disease control purposes based upon violation of any order of the State
Health Officer, as provided in Section 41-23-5. For the purpose of enforcing
such orders of the State Health Officer, persons employed by the * * * division as investigators
shall have general arrest powers. All law enforcement officers are authorized
and directed to assist in the enforcement of such orders of the State Health
Officer.
SECTION 5. Section 41-3-16, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-16. (1) (a) There is
established a local governments and rural water systems improvements revolving
loan and grant program to be administered by the * * * Division of
Health, referred to in this section as " * * * division," for the
purpose of assisting counties, incorporated municipalities, districts or other
water organizations that have been granted tax-exempt status under either
federal or state law, in making improvements to their water systems, including
construction of new water systems or expansion or repair of existing water
systems. Loan and grant proceeds may be used by the recipient for planning,
professional services, acquisition of interests in land, acquisition of
personal property, construction, construction-related services, maintenance,
and any other reasonable use which the board, in its discretion, may allow.
For purposes of this section, "water systems" has the same meaning as
the term "public water system" under Section 41-26-3.
(b) (i) There is created a board to be known as the "Local Governments and Rural Water Systems Improvements Board," referred to in this section as "board," to be composed of the following nine (9) members: the State Health Officer, or his designee, who shall serve as chairman of the board; the Executive Director of the Mississippi Development Authority, or his designee; the Executive Director of the Department of Environmental Quality, or his designee; the Executive Director of the Department of Finance and Administration, or his designee; the Executive Director of the Mississippi Association of Supervisors, or his designee; the Executive Director of the Mississippi Municipal League, or his designee; the Executive Director of the American Council of Engineering Companies of Mississippi, or his designee; the State Director of the United States Department of Agriculture, Rural Development, or his designee; and a manager of a rural water system.
The Governor shall appoint a manager of a rural water system from a list of candidates provided by the Executive Director of the Mississippi Rural Water Association. The Executive Director of the Mississippi Rural Water Association shall provide the Governor a list of candidates which shall contain a minimum of three (3) candidates for each appointment.
(ii) Nonappointed members of the board may designate another representative of their agency or association to serve as an alternate.
(iii) The gubernatorial appointee shall serve a term concurrent with the term of the Governor and until a successor is appointed and qualified. No member, officer or employee of the Board of Directors of the Mississippi Rural Water Association shall be eligible for appointment.
(c) The * * * division, if requested by the
board, shall furnish the board with facilities and staff as needed to
administer this section. The * * * division may contract, upon
approval by the board, for those facilities and staff needed to administer this
section, including routine management, as it deems necessary. The board may
advertise for or solicit proposals from public or private sources, or both, for
administration of this section or any services required for administration of
this section or any portion thereof. It is the intent of the Legislature that
the board endeavor to ensure that the costs of administration of this section
are as low as possible in order to provide the water consumers of Mississippi
safe drinking water at affordable prices.
(d) Members of the board may not receive any salary, compensation or per diem for the performance of their duties under this section.
(2) (a) There is created a special fund in the State Treasury to be designated as the "Local Governments and Rural Water Systems Improvements Revolving Loan Fund," referred to in this section as "revolving fund," which fund shall consist of those monies as provided in Sections 6 and 13 of Chapter 521, Laws of 1995. The revolving fund may receive appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. Except as otherwise provided in this section, the revolving fund shall be credited with all repayments of principal and interest derived from loans made from the revolving fund. Except as otherwise provided in this section, the monies in the revolving fund may be expended only in amounts appropriated by the Legislature, and the different amounts specifically provided for the loan program and the grant program shall be so designated. Except as otherwise provided in this section, monies in the fund may only be expended for the grant program from the amount designated for such program. The revolving fund shall be maintained in perpetuity for the purposes established in this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Unexpended amounts remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the revolving fund shall be deposited to the credit of the fund. Monies in the revolving fund may not be used or expended for any purpose except as authorized under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Any monies in the fund may be used to match any federal funds that are available for the same or related purposes for which funds are used and expended under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Any federal funds shall be used and expended only in accordance with federal laws, rules and regulations governing the expenditure of those funds. No person shall use any monies from the revolving fund for the acquisition of real property or any interest in real property unless that property is integral to the project funded under this section and the purchase is made from a willing seller. No county, incorporated municipality or district shall acquire any real property or any interest in any real property for a project funded through the revolving fund by condemnation. The board's application of Sections 43-37-1 through 43-37-13 shall be no more stringent or extensive in scope, coverage and effect than federal property acquisition laws and regulations.
(b) There is created a special fund in the State Treasury to be designated as the "Local Governments and Rural Water Systems Emergency Loan Fund," hereinafter referred to as "emergency fund," which fund shall consist of those monies as provided in Sections 6 and 13 of Chapter 521, Laws of 1995. The emergency fund may receive appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. Except as otherwise provided in this section, the emergency fund shall be credited with all repayments of principal and interest derived from loans made from the emergency fund. Except as otherwise provided in this section, the monies in the emergency fund may be expended only in amounts appropriated by the Legislature. The emergency fund shall be maintained in perpetuity for the purposes established in this section and Section 6 of Chapter 521, Laws of 1995. Unexpended amounts remaining in the emergency fund at the end of a fiscal year shall not lapse into the State General Fund. Any interest earned on amounts in the emergency fund shall be deposited to the credit of the fund. Monies in the emergency fund may not be used or expended for any purpose except as authorized under this section and Section 6 of Chapter 521, Laws of 1995.
(c) The board created in subsection (1) shall establish loan and grant programs by which loans and grants may be made available to counties, incorporated municipalities, districts or other water organizations that have been granted tax-exempt status under either federal or state law, to assist those counties, incorporated municipalities, districts or water organizations in making water systems improvements, including the construction of new water systems or expansion or repair of existing water systems. Any entity eligible under this section may receive either a loan or a grant, or both. No grant awarded under the program established in this section may be made using funds from the loan program. Grants may be awarded only when the Legislature specifically appropriates funds for that particular purpose. The interest rate on those loans may vary from time to time and from loan to loan, and will be at or below market interest rates as determined by the board. The board shall act as quickly as is practicable and prudent in deciding on any loan request that it receives. Loans from the revolving fund or emergency fund may be made to counties, incorporated municipalities, districts or other water organizations that have been granted tax-exempt status under either federal or state law, as set forth in a loan agreement in amounts not to exceed one hundred percent (100%) of eligible project costs as established by the board. The board may require county, municipal, district or other water organization participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the revolving fund or the emergency fund. The board may establish a maximum amount for any loan from the revolving fund or emergency fund in order to provide for broad and equitable participation in the programs.
(d) A county that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77, as may be required to meet the repayment schedule contained in the loan agreement. An incorporated municipality that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the sales tax revenue distribution to which it may be entitled under Section 27-65-75, as may be required to meet the repayment schedule contained in the loan agreement. All recipients of such loans shall establish a dedicated source of revenue for repayment of the loan. Before any county or incorporated municipality shall receive any loan, it shall have executed with the Department of Revenue and the board a loan agreement evidencing that loan. The loan agreement shall not be construed to prohibit any recipient from prepaying any part or all of the funds received. The repayment schedule in each loan agreement shall provide for (i) monthly payments, (ii) semiannual payments, or (iii) other periodic payments, the annual total of which shall not exceed the annual total for any other year of the loan by more than fifteen percent (15%). Except as otherwise provided in subsection (4) of this section, the loan agreement shall provide for the repayment of all funds received from the revolving fund within not more than fifteen (15) years or a term as otherwise allowed by the federal Safe Drinking Water Act, and all funds received from the emergency fund within not more than five (5) years from the date of project completion, and any repayment shall commence not later than one (1) year after project completion. The Department of Revenue shall withhold semiannually from counties and monthly from incorporated municipalities from the amount to be remitted to the county or municipality, a sum equal to the next repayment as provided in the loan agreement.
(e) Any county, incorporated municipality, district or other water organization desiring to construct a project approved by the board which receives a loan from the state for that purpose but which is not eligible to pledge for repayment under the provisions of paragraph (d) of this subsection shall repay that loan by making payments each month to the State Treasurer through the Department of Finance and Administration for and on behalf of the board according to Section 7-7-15, to be credited to either the revolving fund or the emergency fund, whichever is appropriate, in lieu of pledging homestead exemption annual tax loss reimbursement or sales tax revenue distribution.
Loan repayments shall be according to a repayment schedule contained in each loan agreement as provided in paragraph (d) of this subsection.
(f) Any district created pursuant to Sections 19-5-151 through 19-5-207 that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the revenues received by that district pursuant to Sections 19-5-151 through 19-5-207, as may be required to meet the repayment schedule contained in the loan agreement.
(g) The State Auditor, upon request of the board, shall audit the receipts and expenditures of a county, an incorporated municipality, district or other water organization whose loan repayments appear to be in arrears, and if the Auditor finds that the county, incorporated municipality, district or other water organization is in arrears in those repayments, the Auditor shall immediately notify the chairman of the board who may take any action as may be necessary to enforce the terms of the loan agreement, including liquidation and enforcement of the security given for repayment of the loan, and the Executive Director of the Department of Finance and Administration who shall withhold all future payments to the county of homestead exemption annual tax loss reimbursements under Section 27-33-77 and all sums allocated to the county or the incorporated municipality under Section 27-65-75 until such time as the county or the incorporated municipality is again current in its loan repayments as certified by the board.
(h) Except as otherwise provided in this section, all monies deposited in the revolving fund or the emergency fund, including loan repayments and interest earned on those repayments, shall be used only for providing loans or other financial assistance to water systems as the board deems appropriate. In addition, any amounts in the revolving fund or the emergency fund may be used to defray the reasonable costs of administering the revolving fund or the emergency fund and conducting activities under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, subject to any limitations established in the federal Safe Drinking Water Act, as amended and subject to annual appropriation by the Legislature. The department is authorized, upon approval by the board, to use amounts available to it from the revolving fund or the emergency fund to contract for those facilities and staff needed to administer and provide routine management for the funds and loan program. However, notwithstanding any other provision of law to the contrary, all or any portion of repayments of principal and interest derived from the fund uses described in this section may be designated or pledged for repayment of a loan as provided for in Section 31-25-28 in connection with a loan from the Mississippi Development Bank.
(3) In administering this section and Sections 6 through 20 of Chapter 521, Laws of 1995, the board created in subsection (1) of this section shall have the following powers and duties:
(a) To supervise the use of all funds made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for local governments and rural water systems improvements;
(b) To promulgate rules and regulations, to make variances and exceptions thereto, and to establish procedures in accordance with this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for the implementation of the local governments and rural water systems improvements revolving loan program;
(c) To require, at the board's discretion, any loan or grant recipient to impose a per connection fee or surcharge or amended water rate schedule or tariff on each customer or any class of customers, benefiting from an improvement financed by a loan or grant made under this section, for repayment of any loan funds provided under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. The board may require any loan or grant recipient to undergo a water system viability analysis and may require a loan or grant recipient to implement any result of the viability analysis. If the loan recipient fails to implement any result of a viability analysis as required by the board, the board may impose a monetary penalty or increase the interest rate on the loan, or both. If the grant recipient fails to implement any result of a viability analysis as required by the board, the board may impose a monetary penalty on the grant;
(d) To review and certify all projects for which funds are authorized to be made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for local governments and rural water systems improvements;
(e) To requisition monies in the Local Governments and Rural Water Systems Improvements Revolving Loan Fund and the Local Governments and Rural Water Systems Emergency Loan Fund and distribute those monies on a project-by-project basis in accordance with this section;
(f) To ensure that the funds made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, to a county, an incorporated municipality, a district or a water organization that has been granted tax-exempt status under either federal or state law provide for a distribution of projects and funds among the entities under a priority system established by the board;
(g) To maintain in accordance with generally accepted government accounting standards an accurate record of all monies in the revolving fund and the emergency fund made available to counties, incorporated municipalities, districts or other water organizations under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, and the costs for each project;
(h) To establish policies, procedures and requirements concerning viability and financial capability to repay loans that may be used in approving loans available under this section, including a requirement that all loan recipients have a rate structure which will be sufficient to cover the costs of operation, maintenance, major equipment replacement and repayment of any loans made under this section; and
(i) To file annually with the Legislature a report detailing how monies in the Local Governments and Rural Water Systems Improvements Revolving Loan Fund and the Local Governments and Rural Water Systems Emergency Loan Fund were spent during the preceding fiscal year in each county, incorporated municipality, district or other water organization, the number of projects approved and constructed, and the cost of each project.
For efficient and effective
administration of the loan program, revolving fund and emergency fund, the
board may authorize the * * *department division or the State Health Officer to
carry out any or all of the powers and duties enumerated above.
(4) The board may, on a case-by-case basis and to the extent allowed by federal law, renegotiate the payment of principal and interest on loans made under this section to the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to incorporated municipalities, districts or other water organizations located in such counties; however, the interest on the loans shall not be forgiven for a period of more than twenty-four (24) months and the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.
SECTION 6. Section 41-3-17, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-17. The * * * Executive Director of
the Division of Health, with the approval of the Governor, is authorized to
make and publish all reasonable rules and regulations necessary to enable * * * him or her to discharge * * * the duties and powers of the
division and to carry out the purposes and objectives of its creation. * * * The executive director is further
authorized, with the approval of the Governor, to make reasonable
sanitary rules and regulations, to be enforced in the several counties by the
county health officer under the supervision and control of the * * * executive director.
The * * * executive director shall not make or enforce any rule
or regulation that prohibits consumers from providing their own containers for
the purpose of purchasing or accepting water from any vending machine or device
which filters or treats water that has already been tested and determined to
meet or exceed the minimum health protection standards prescribed for drinking
water under the Mississippi Safe Drinking Water Law, if that vending machine or
device meets or exceeds United States Environmental Protection Agency or
national automatic merchandising standards.
SECTION 7. Section 41-3-18, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-18. (1) The * * * executive director shall assess
fees in the following amounts and for the following purposes:
(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1................................... $ 30.00
Assessment Category 2................................... 100.00
Assessment Category 3................................... 150.00
Assessment Category 4................................... 200.00
(b) Private water supply approval fee........ $ 10.00
The * * * executive director may develop
such reasonable standards, rules and regulations to clearly define each
assessment category. Assessment categories shall be based upon the factors to
the public health implications of the category and type of food preparation
being utilized by the food establishment, utilizing the model Food Code of
1995, or as may be amended by the federal Food and Drug Administration.
Any increase in the fees
charged by the * * *
executive director under this subsection shall be in accordance with the
provisions of Section 41-3-65.
(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:
(a) Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
(b) Persons who make
infrequent casual sales of honey and who pack or sell less than five hundred
(500) gallons of honey per year, and those persons shall not be inspected by
the * * * division unless requested by the producer.
(3) The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.
SECTION 8. Section 41-3-19, Mississippi Code of 1972, is reenacted and amended as follows:
41-3-19. It is the duty of
the * * *
executive director to make a report, in writing, to the Governor, on or
before the first day of December next preceding each session, not an
extraordinary session of the Legislature, upon the sanitary condition,
prospect, and needs of the state, setting forth the actions of * * * the division, of its officers
and agents, the names thereof, and all its expenditures since the last
preceding report, and such other matters as it may deem proper for the
promotion of health or the prevention of disease. The report shall be * * * presented to the Legislature
by the Governor at its ensuing term.
SECTION 9. Section 41-3-3, Mississippi Code of 1972, which requires members appointed to the State Board of Health to take the constitutional oath of office, and Section 41-3-4, Mississippi Code of 1972, which provides for the election of the Chairman and Vice Chairman of the State Board of Health, meetings of the board and compensation of the board members, are repealed.
SECTION 10. Section 41-3-20, Mississippi Code of 1972, is amended as follows:
41-3-20. Sections 41-3-1.1, * * * 41-3-5.1,
41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 and 41-3-19, which * * *
establish the * * * Division of Health in the Office of the
Governor and the position of the Executive Director of the Division of Health
and prescribe * * *
their powers and duties, shall stand repealed on July 1, * * * 2020.
SECTION 11. This act shall take effect and be in force from and after July 1, 2017.