Bill Text: MS HB1174 | 2012 | Regular Session | Comm Sub
Bill Title: Child care facility licensing agency; transfer from Health Department to Department of Human Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2012-03-19 - Died On Calendar [HB1174 Detail]
Download: Mississippi-2012-HB1174-Comm_Sub.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services
By: Representative Barker
House Bill 1174
(COMMITTEE SUBSTITUTE)
AN ACT TO AMEND SECTIONS 43-20-5, 43-20-8, 43-20-11, 43-20-12, 43-20-14, 43-20-53, 43-20-57 AND 43-20-59, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND DUTIES OF THE STATE DEPARTMENT OF HEALTH RELATING TO THE LICENSURE OF CHILD CARE FACILITIES TO THE DEPARTMENT OF HUMAN SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL PERFORM ALL OF THE DUTIES RELATING TO THE ESTABLISHMENT AND ENFORCEMENT OF REGULATIONS GOVERNING THE OPERATION OF LICENSED CHILD CARE FACILITIES THAT WERE FORMERLY PERFORMED BY THE STATE DEPARTMENT OF HEALTH; TO CREATE A CHILD CARE FACILITIES REGULATIONS BOARD OF REVIEW TO WHICH OWNERS OF CHILD CARE FACILITIES WHO HAVE OBJECTIONS TO ANY OF THE REQUIREMENTS OF CHILD CARE FACILITY REGULATIONS MAY APPEAL FOR REVIEW OF THE REQUIREMENTS TO WHICH THEY OBJECT; TO AMEND SECTIONS 43-16-3, 43-16-5, 43-16-9 AND 43-16-25, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND DUTIES OF THE STATE DEPARTMENT OF HEALTH RELATING TO THE LICENSURE OF CHILD RESIDENTIAL HOMES TO THE DEPARTMENT OF HUMAN SERVICES; TO REENACT FORMER SECTION 43-17-39, MISSISSIPPI CODE OF 1972, WHICH WAS REPEALED BY OPERATION OF LAW ON JULY 1, 2006, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES IS THE LEAD AGENCY FOR THE FEDERAL CHILD CARE AND DEVELOPMENT FUND (CCDF) PROGRAM; TO AMEND SECTIONS 75-74-3, 75-74-7, 75-74-8, 75-74-9, 75-74-11, 75-74-17 AND 75-74-19, MISSISSIPPI CODE OF 1972, TO TRANSFER THE POWERS AND DUTIES OF THE STATE DEPARTMENT OF HEALTH RELATING TO THE LICENSURE OF YOUTH CAMPS TO THE DEPARTMENT OF HUMAN SERVICES; TO PROVIDE THAT THE PEER COMMITTEE SHALL CONDUCT A COMPREHENSIVE REVIEW OF THE EFFECT OF TRANSFERRING THE POWERS AND DUTIES OF THE STATE DEPARTMENT OF HEALTH RELATING TO THE LICENSURE OF CHILD CARE FACILITIES TO THE DEPARTMENT OF HUMAN SERVICES AS PROVIDED UNDER THIS ACT NOT LATER THAN JANUARY 1, 2015; TO PROVIDE THAT THE PROVISIONS OF THIS ACT SHALL REVERT BACK TO FORMER LAW ON JULY 1, 2015; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-20-5, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-5. (1) From and after July 1, 2013, the powers and duties of the State Department of Health relating to the licensure of child care facilities under this chapter shall be transferred to the Mississippi Department of Human Services. All records, property, other assets and personnel of the Child Care Licensure Unit and the Child Care Licensure Program shall be transferred to the Department of Human Services. However, all funds in the State Treasury to the credit of the State Department of Health for the purposes of administering the Child Care Licensure Program on July 1, 2013, shall remain to the credit of the State Department of Health for the purposes of paying expenses of the department related to the Child Care Licensure Program on and after July 1, 2013. The Executive Director of the Department of Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department under this chapter. The powers and duties transferred to the Department of Human Services by this section do not include and shall not be construed as including the authority to mandate participation by child care facilities in the Quality Rating and Information System established by the department under Section 43-1-65.
(2) When used in this chapter, the following words shall have the following meanings:
(a) "Child care facility" means a place that provides shelter and personal care for six (6) or more children who are not related within the third degree computed according to the civil law to the operator and who are under thirteen (13) years of age, for any part of the twenty-four-hour day, whether that place is organized or operated for profit or not. The term "child care facility" includes day nurseries, day care centers and any other facility that falls within the scope of the definitions set forth in this paragraph, regardless of auspices. Exemptions from the provisions of this chapter include:
(i) Child care facilities that operate for no more than two (2) days a week, whose primary purpose is to provide respite for the caregiver or temporary care during other scheduled or related activities and organized programs that operate for three (3) or fewer weeks per year such as, but not limited to, Vacation Bible Schools and scout day camps.
(ii) Any child residential home as defined in, and in compliance with the provisions of, Section 43-16-3(b) et seq.
(iii) 1. Any elementary, including kindergarten, and/or secondary school system, accredited by the Mississippi State Department of Education, the Southern Association of Colleges and Schools, the Mississippi Private School Education Association, the American Association of Christian Schools, the Association of Christian Schools International, a school affiliated with Accelerated Christian Education, Inc., and any Head Start program operating in conjunction with an elementary school system, whether it is public, private or parochial, whose primary purpose is a structured school or school readiness program.
2. Accreditation, for the purpose of exemption from the provisions of this chapter, means: a. receipt by any school or school system of full accreditation from an accrediting entity listed in item 1 of this subparagraph (iii), or b. proof of application by the school or school system for accreditation status from the accrediting entity. Proof of application for accreditation status shall include, but not be limited to, a copy of the applicant's completed application for accreditation filed with the licensing agency and a letter or other authenticating documentation from a signatory authority with the accrediting entity that the application for accreditation has been received and that the applicant is currently under consideration or review for full accreditation status by the accrediting entity. An exemption for a nonaccredited applicant under this item 2 shall be for a maximum of one (1) year from the receipt date by the licensing agency of the completed documentation for proof of application for accreditation status. Failure to receive full accreditation by the end of the one-year exemption period for a nonaccredited applicant shall result in the nonaccredited applicant no longer remaining exempt from the provisions of this chapter at the end of the one-year period. However, if full accreditation is not received by the end of the one-year exemption period, the Department of Human Services, in its discretion, may extend the exemption period for any nonaccredited applicant for periods of six (6) months, with the total extension not to exceed one (1) year. During any such extension periods, the board shall have the authority to enforce child care facility licensure provisions relating to the health and safety of the children in the school or school system. If a nonaccredited applicant fails to receive full accreditation by the end of all extended exemption periods, the department shall no longer remain exempt from the provisions of this chapter at the end of the extended exemption periods.
(iv) Any membership organization affiliated with a national organization that charges only a nominal annual membership fee, does not receive monthly, weekly or daily payments for services, and is certified by its national association as being in compliance with the association's minimum standards and procedures including, but not limited to, the Boys and Girls Club of America, and the YMCA.
(v) Any family child care home as defined in Section 43-20-53(a) et seq.
All other preschool child care programs and/or extended day school programs must meet requirements set forth in this chapter. Any entity exempt from the requirements to be licensed but voluntarily chooses to obtain a license is subject to all provisions of this chapter.
(b) "Health" means that condition of being sound in mind and body and encompasses an individual's physical, mental and emotional welfare.
(c) "Safety" means that condition of being protected from hurt, injury or loss.
(d) "Person" means any person, firm, partnership, corporation or association.
(e) "Operator" means any person, acting individually or jointly with another person or persons, who establishes, owns, operates, conducts or maintains a child care facility. The child care facility license shall be issued in the name of the operator, or, if there is more than one (1) operator, in the name of one (1) of the operators. If there is more than one (1) operator, all statutory and regulatory provisions concerning the background checks of operators shall be equally applied to all operators of a facility including, but not limited to, a spouse who jointly owns, operates or maintains the child care facility regardless of which particular person is named on the license.
(f) "Personal care" means assistance rendered by personnel of the child care facility in performing one or more of the activities of daily living which includes, but is not limited to, the feeding, personal grooming, supervising and dressing of children placed in the child care facility.
(g) "Licensing agency" means the Mississippi * * * Department of Human Services.
(h) "Caregiver" means any person who provides direct care, supervision or guidance to children in a child care facility, regardless of title or occupation.
[From and after July 1, 2015, this section shall read as follows:]
43-20-5. When used in this chapter, the following words shall have the following meanings:
(a) "Child care facility" means a place that provides shelter and personal care for six (6) or more children who are not related within the third degree computed according to the civil law to the operator and who are under thirteen (13) years of age, for any part of the twenty-four-hour day, whether that place is organized or operated for profit or not. The term "child care facility" includes day nurseries, day care centers and any other facility that falls within the scope of the definitions set forth in this paragraph, regardless of auspices. Exemptions from the provisions of this chapter include:
(i) Child care facilities that operate for no more than two (2) days a week, whose primary purpose is to provide respite for the caregiver or temporary care during other scheduled or related activities and organized programs that operate for three (3) or fewer weeks per year such as, but not limited to, Vacation Bible Schools and scout day camps.
(ii) Any child residential home as defined in, and in compliance with the provisions of, Section 43-16-3(b) et seq.
(iii) 1. Any elementary, including kindergarten, and/or secondary school system, accredited by the Mississippi State Department of Education, the Southern Association of Colleges and Schools, the Mississippi Private School Education Association, the American Association of Christian Schools, the Association of Christian Schools International, a school affiliated with Accelerated Christian Education, Inc., and any Head Start program operating in conjunction with an elementary school system, whether it is public, private or parochial, whose primary purpose is a structured school or school readiness program.
2. Accreditation, for the purpose of exemption from the provisions of this chapter, means: a. receipt by any school or school system of full accreditation from an accrediting entity listed in item 1 of this subparagraph (iii), or b. proof of application by the school or school system for accreditation status from the accrediting entity. Proof of application for accreditation status shall include, but not be limited to, a copy of the applicant's completed application for accreditation filed with the licensing agency and a letter or other authenticating documentation from a signatory authority with the accrediting entity that the application for accreditation has been received and that the applicant is currently under consideration or review for full accreditation status by the accrediting entity. An exemption for a nonaccredited applicant under this item 2 shall be for a maximum of one (1) year from the receipt date by the licensing agency of the completed documentation for proof of application for accreditation status. Failure to receive full accreditation by the end of the one-year exemption period for a nonaccredited applicant shall result in the nonaccredited applicant no longer remaining exempt from the provisions of this chapter at the end of the one-year period. However, if full accreditation is not received by the end of the one-year exemption period, the State Board of Health, in its discretion, may extend the exemption period for any nonaccredited applicant for periods of six (6) months, with the total extension not to exceed one (1) year. During any such extension periods, the board shall have the authority to enforce child care facility licensure provisions relating to the health and safety of the children in the school or school system. If a nonaccredited applicant fails to receive full accreditation by the end of all extended exemption periods, the applicant shall no longer remain exempt from the provisions of this chapter at the end of the extended exemption periods.
(iv) Any membership organization affiliated with a national organization that charges only a nominal annual membership fee, does not receive monthly, weekly or daily payments for services, and is certified by its national association as being in compliance with the association's minimum standards and procedures including, but not limited to, the Boys and Girls Club of America, and the YMCA.
(v) Any family child care home as defined in Section 43-20-53(a) et seq.
All other preschool child care programs and/or extended day school programs must meet requirements set forth in this chapter. Any entity exempt from the requirements to be licensed but voluntarily chooses to obtain a license is subject to all provisions of this chapter.
(b) "Health" means that condition of being sound in mind and body and encompasses an individual's physical, mental and emotional welfare.
(c) "Safety" means that condition of being protected from hurt, injury or loss.
(d) "Person" means any person, firm, partnership, corporation or association.
(e) "Operator" means any person, acting individually or jointly with another person or persons, who establishes, owns, operates, conducts or maintains a child care facility. The child care facility license shall be issued in the name of the operator, or, if there is more than one (1) operator, in the name of one (1) of the operators. If there is more than one (1) operator, all statutory and regulatory provisions concerning the background checks of operators shall be equally applied to all operators of a facility including, but not limited to, a spouse who jointly owns, operates or maintains the child care facility regardless of which particular person is named on the license.
(f) "Personal care" means assistance rendered by personnel of the child care facility in performing one or more of the activities of daily living which includes, but is not limited to, the feeding, personal grooming, supervising and dressing of children placed in the child care facility.
(g) "Licensing agency" means the Mississippi State Department of Health.
(h) "Caregiver" means any person who provides direct care, supervision or guidance to children in a child care facility, regardless of title or occupation.
SECTION 2. Section 43-20-8, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) There is created a Child Care Facilities Regulations Board of Review consisting of nine (9) members, as follows: the Chair of the House Public Health and Human Services Committee, the Chair of the House Youth and Family Affairs Committee, the Chair of the Senate Public Health and Welfare Committee, the Chair of the Senate Judiciary B Committee, one (1) member appointed from each of the four (4) congressional districts existing on July 1, 2012, and the Chair of the State Early Childhood Advisory Council (SECAC). Of the appointed members, two (2) shall be appointed by the Governor, one (1) shall be appointed by the Lieutenant Governor, and one (1) shall be appointed by the Speaker of the House of Representatives. The appointed members must be nonbiased and be familiar and knowledgeable of child care facility licensure policy in Mississippi. Owners of child care facilities who have objections to any of the requirements of child care facility regulations adopted by the executive director of the department may appeal to the board for review of the requirements to which they object. The board shall hear the objections, either orally or in writing, or both, and then make recommendations to the executive director of the department regarding any changes in requirements in the regulations.
(3) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(4) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(5) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose * * * any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(7) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(8) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(9) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(10) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Immunization Practices Advisory Committee of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
[From and after July 1, 2015, this section shall read as follows:]
43-20-8. (1) The licensing agency shall have powers and duties as set forth below, in addition to other duties prescribed under this chapter:
(a) Promulgate rules and regulations concerning the licensing and regulation of child care facilities as defined in Section 43-20-5;
(b) Have the authority to issue, deny, suspend, revoke, restrict or otherwise take disciplinary action against licensees as provided for in this chapter;
(c) Set and collect fees and penalties as provided for in this chapter; and
(d) Have such other powers as may be required to carry out the provisions of this chapter.
(2) Child care facilities shall assure that parents have welcome access to the child care facility at all times and shall comply with the provisions of Chapter 520, Laws of 2006.
(3) Each child care facility shall develop and maintain a current list of contact persons for each child provided care by that facility. An agreement may be made between the child care facility and the child's parent, guardian or contact person at the time of registration to inform the parent, guardian or contact person if the child does not arrive at the facility within a reasonable time.
(4) Child care facilities shall require that, for any current or prospective caregiver, all criminal records, background and sex offender registry checks and current child abuse registry checks are obtained. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(5) The licensing agency shall require to be performed a criminal records background check and a child abuse registry check for all operators of a child care facility and any person living in a residence used for child care. The Department of Human Services shall have the authority to disclose to the State Department of Health any potential applicant whose name is listed on the Child Abuse Central Registry or has a pending administrative review. That information shall remain confidential by all parties. In order to determine the applicant's suitability for employment, the applicant shall be fingerprinted. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the FBI for a national criminal history record check.
(6) The licensing agency shall have the authority to exclude a particular crime or crimes or a substantiated finding of child abuse and/or neglect as disqualifying individuals or entities for prospective or current employment or licensure.
(7) The licensing agency and its agents, officers, employees, attorneys and representatives shall not be held civilly liable for any findings, recommendations or actions taken under this section.
(8) All fees incurred in compliance with this section shall be borne by the child care facility. The licensing agency is authorized to charge a fee that includes the amount required by the Federal Bureau of Investigation for the national criminal history record check in compliance with the Child Protection Act of 1993, as amended, and any necessary costs incurred by the licensing agency for the handling and administration of the criminal history background checks.
(9) From and after January 1, 2008, the State Board of Health shall develop regulations to ensure that all children enrolled or enrolling in a state licensed child care center receive age-appropriate immunization against invasive pneumococcal disease as recommended by the Advisory Committee on immunization practices of the Centers for Disease Control and Prevention. The State Board of Health shall include, within its regulations, protocols for children under the age of twenty-four (24) months to catch up on missed doses. If the State Board of Health has adopted regulations before January 1, 2008, that would otherwise meet the requirements of this subsection, then this subsection shall stand repealed on January 1, 2008.
SECTION 3. Section 43-20-11, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read 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. Said fire, county health department and licensing agency inspections and approvals shall be based upon regulations promulgated by the licensing agency * * *.
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.
[From and after July 1, 2015, this section shall read 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. 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 fee or fees set forth in this section.
SECTION 4. Section 43-20-12, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-12. All fees collected by the licensing agency under this chapter and any penalties collected by the licensing agency for violations of this chapter shall be deposited into a special fund * * * in the State Treasury. Monies in the special fund shall be used to defray the costs of operating the child care facilities licensure program, and may be used as matching funds for the purpose of obtaining federal funds only for the Child Care and Development Fund (CCDF) program.
[From and after July 1, 2015, this section shall read as follows:]
43-20-12. All fees collected by the State Board of Health under this chapter and any penalties collected by the board for violations of this chapter shall be deposited into a special fund * * * in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose.
SECTION 5. Section 43-20-14, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-14. (1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2) Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in order to show cause why the license should not be denied or should be renewed.
(3) The licensing agency may suspend, revoke or restrict the license of any child care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child care facility;
(c) Violation of any of the provisions of this act or of the regulations governing the licensing and regulation of child care facilities promulgated by the licensing agency;
(d) Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility;
(e) Failure by the child care facility to comply with the provisions of Section 43-20-8(3) regarding background checks of caregivers; and
(f) Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section 43-20-8.
(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted.
(5) Any licensee who disagrees with or is aggrieved by a decision of the licensing agency in regard to the denial, refusal to renew, suspension, revocation or restriction of the license of the licensee, may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the licensing agency as to the suspension, revocation or restriction of the license of the licensee.
[From and after July 1, 2015, this section shall read as follows:]
43-20-14. (1) The licensing agency may deny a license or refuse to renew a license for any of the reasons set forth in subsection (3) of this section.
(2) Before the licensing agency may deny or refuse to renew, the applicant or person named on the license shall be entitled to a hearing in order to show cause why the license should not be denied or should be renewed.
(3) The licensing agency may suspend, revoke or restrict the license of any child-care facility upon one or more of the following grounds:
(a) Fraud, misrepresentation or concealment of material facts;
(b) Conviction of an operator for any crime if the licensing agency finds that the act or acts for which the operator was convicted could have a detrimental effect on children cared for by any child-care facility;
(c) Violation of any of the provisions of this act or of the regulations governing the licensing and regulation of child-care facilities promulgated by the licensing agency;
(d) Any conduct, or failure to act, that is found or determined by the licensing agency to threaten the health or safety of children at the facility;
(e) Failure by the child-care facility to comply with the provisions of Section 43-20-8(3) regarding background checks of caregivers; and
(f) Information received by the licensing agency as a result of the criminal records background check and the child abuse registry check on all operators under Section 43-20-8.
(4) Before the licensing agency may suspend, revoke or restrict the license of any facility, any licensee affected by that decision of the licensing agency shall be entitled to a hearing in which the licensee may show cause why the license should not be suspended, revoked or restricted.
(5) Any licensee who disagrees with or is aggrieved by a decision of the licensing agency in regard to the denial, refusal to renew, suspension, revocation or restriction of the license of the licensee, may appeal to the chancery court of the county in which the facility is located. The appeal shall be filed no later than thirty (30) days after the licensee receives written notice of the final administrative action by the licensing agency as to the suspension, revocation or restriction of the license of the licensee.
SECTION 6. Section 43-20-53, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-53. As used in Sections 43-20-51 through 43-20-65:
(a) "Family child care home" means any residential facility occupied by the operator where five (5) or fewer children who are not related within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age are provided care for any part of the twenty-four-hour day.
(b) "Registering agency" means the Mississippi * * * Department of Human Services.
(c) "Provider" means the person responsible for the care of children.
[From and after July 1, 2015, this section shall read as follows:]
43-20-53. As used in Sections 43-20-51 through 43-20-65:
(a) "Family child care home" means any residential facility occupied by the operator where five (5) or fewer children who are not related within the third degree computed according to the civil law to the provider and who are under the age of thirteen (13) years of age are provided care for any part of the twenty-four-hour day.
(b) "Registering agency" means the Mississippi State Department of Health.
(c) "Provider" means the person responsible for the care of children.
SECTION 7. Section 43-20-57, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-57. (1) No person shall knowingly maintain a family child care home if, in such family child care home, there resides, works or regularly volunteers any person who:
(a) (i) Has a felony conviction for a crime against persons;
(ii) Has a felony conviction under the Uniform Controlled Substances Act;
(iii) Has a conviction for a crime of child abuse or neglect;
(iv) Has a conviction for any sex offense as defined in Section 45-33-23; or
(v) Any other offense committed in another jurisdiction or any federal offense which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(b) Has been adjudicated a juvenile offender because of having committed an act which if done by an adult would constitute the commission of a felony and which is a crime against persons;
(c) Has had a child declared in a court order in this or any other state to be deprived or a child in need of care based on an allegation of physical, mental or emotional abuse or neglect or sexual abuse;
(d) Has had parental rights terminated pursuant to Section 93-15-101 et seq.; or
(e) Has an infectious or contagious disease, as defined by the State Department of Health pursuant to Section 41-23-1.
(2) No person shall maintain a family child care home if such person has been found to be a disabled person in need of a guardian or conservator, or both.
(3) Any person who resides in the home and who has been found to be a disabled person in need of a guardian or conservator, or both, shall be included in the total number of children allowed in care.
(4) In accordance with the provision of this subsection (4), the registering agency shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information in the possession of the Mississippi Highway Safety Patrol or court of this state concerning persons working, regularly volunteering or residing in a family child care home. The registering agency shall have access to these records for the purpose of determining whether or not the home meets the requirements of Sections 43-20-51 through 43-20-65.
(5) No family child care home or its employees shall be liable for civil damages to any person refused employment or discharged from employment by reason of such home's compliance with the provisions of this section if such home acts in good faith to comply with this section.
[From and after July 1, 2015, this section shall read as follows:]
43-20-57. (1) No person shall knowingly maintain a family child care home if, in such family child care home, there resides, works or regularly volunteers any person who:
(a) (i) Has a felony conviction for a crime against persons;
(ii) Has a felony conviction under the Uniform Controlled Substances Act;
(iii) Has a conviction for a crime of child abuse or neglect;
(iv) Has a conviction for any sex offense as defined in Section 45-33-23; or
(v) Any other offense committed in another jurisdiction or any federal offense which, if committed in this state, would be deemed to be such a crime without regard to its designation elsewhere;
(b) Has been adjudicated a juvenile offender because of having committed an act which if done by an adult would constitute the commission of a felony and which is a crime against persons;
(c) Has had a child declared in a court order in this or any other state to be deprived or a child in need of care based on an allegation of physical, mental or emotional abuse or neglect or sexual abuse;
(d) Has had parental rights terminated pursuant to Section 93-15-101 et seq.; or
(e) Has an infectious or contagious disease, as defined by the State Department of Health pursuant to Section 41-23-1.
(2) No person shall maintain a family child care home if such person has been found to be a disabled person in need of a guardian or conservator, or both.
(3) Any person who resides in the home and who has been found to be a disabled person in need of a guardian or conservator, or both, shall be included in the total number of children allowed in care.
(4) In accordance with the provision of this subsection (4), the registering agency shall have access to any court orders or adjudications of any court of record, any records of such orders or adjudications, criminal history record information in the possession of the Mississippi Highway Safety Patrol or court of this state concerning persons working, regularly volunteering or residing in a family child care home. The registering agency shall have access to these records for the purpose of determining whether or not the home meets the requirements of Sections 43-20-51 through 43-20-65.
(5) No family child care home or its employees shall be liable for civil damages to any person refused employment or discharged from employment by reason of such home's compliance with the provisions of this section if such home acts in good faith to comply with this section.
SECTION 8. Section 43-20-59, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-20-59. (1) Any person maintaining a family child care home may register such home with the registering agency on forms provided by the registering agency.
(2) A certificate of registration shall be issued to the applicant for registration who (a) attests to the safety of the home for the care of children, (b) submits a fee of Five Dollars ($5.00) payable to the registering agency, and (c) certifies that no person described in paragraph (a), (b), (c), (d) or (e) of Section 43-20-57(1) resides, works or volunteers in the family child care home. Monies collected under this subsection may be used as matching funds for the purpose of obtaining federal funds only for the Child Care and Development Fund (CCDF) program.
(3) The registering agency shall furnish each applicant for registration a family child care home safety evaluation form to be completed by the applicant and submitted with the registration application.
(4) The certificate of registration shall be renewed annually in the same manner provided for in this section.
(5) A certificate of registration shall be in force for one (1) year after the date of issuance unless revoked pursuant to Sections 43-20-51 through 43-20-65. The certificate shall specify that the registrant may operate a family child care home for five (5) or fewer children. This section shall not be construed to limit the right of the registering agency to enter a registered family child care home for the purpose of assessing compliance with Sections 43-20-51 through 43-20-65 after receiving a complaint against the registrant of such home or in conducting a periodic routine inspection.
(6) The registering agency shall adopt rules and regulations to implement the registration provisions.
[From and after July 1, 2015, this section shall read as follows:]
43-20-59. (1) Any person maintaining a family child care home may register such home with the registering agency on forms provided by the registering agency.
(2) A certificate of registration shall be issued to the applicant for registration who (a) attests to the safety of the home for the care of children, (b) submits a fee of Five Dollars ($5.00) payable to the registering agency, and (c) certifies that no person described in paragraph (a), (b), (c), (d) or (e) of Section 43-20-57(1) resides, works or volunteers in the family child care home.
(3) The registering agency shall furnish each applicant for registration a family child care home safety evaluation form to be completed by the applicant and submitted with the registration application.
(4) The certificate of registration shall be renewed annually in the same manner provided for in this section.
(5) A certificate of registration shall be in force for one (1) year after the date of issuance unless revoked pursuant to Sections 43-20-51 through 43-20-65. The certificate shall specify that the registrant may operate a family child care home for five (5) or fewer children. This section shall not be construed to limit the right of the registering agency to enter a registered family child care home for the purpose of assessing compliance with Sections 43-20-51 through 43-20-65 after receiving a complaint against the registrant of such home or in conducting a periodic routine inspection.
(6) The registering agency shall adopt rules and regulations to implement the registration provisions.
SECTION 9. Section 43-16-3, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-16-3. As used in this chapter, the following definitions shall apply unless the context clearly provides otherwise:
(a) "Child" means a person who has not reached the age of eighteen (18) years or who has not otherwise been legally emancipated.
(b) "Child residential home" means any place, facility or home operated by any person which receives children who are not related to the operators and whose parents or guardians are not residents of the same facility for supervision, care, lodging and maintenance for twenty-four (24) hours a day, with or without transfer of custody. This term shall not include residential homes which are licensed by the Mississippi Department of Human Services under the provisions of Section 43-15-5, and shall not include any public school or any such home operated by a state agency, nor shall it include child care facilities as defined in Section 43-20-5, youth camps as defined in Section 75-74-3, or health care facilities licensed by the State Department of Health.
(c) "Department" * * * means the Mississippi Department of Human Services.
(d) "Person" * * * includes an individual, partnership, organization, association or corporation.
[From and after July 1, 2015, this section shall read as follows:]
43-16-3. As used in this chapter, the following definitions shall apply unless the context clearly provides otherwise:
(a) "Child" means a person who has not reached the age of eighteen (18) years or who has not otherwise been legally emancipated.
(b) "Child residential home" means any place, facility or home operated by any person which receives children who are not related to the operators and whose parents or guardians are not residents of the same facility for supervision, care, lodging and maintenance for twenty-four (24) hours a day, with or without transfer of custody. This term shall not include residential homes which are licensed by the Mississippi Department of Human Services under the provisions of Section 43-15-5, and shall not include any public school or any such home operated by a state agency, nor shall it include child care facilities as defined in Section 43-20-5, youth camps as defined in Section 75-74-3, or health care facilities licensed by the State Department of Health.
(c) "Department" * * * means the State Department of Health.
(d) "Person" * * * includes an individual, partnership, organization, association or corporation.
SECTION 10. Section 43-16-5, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-16-5. The * * * department * * * shall be the notification agency for all child residential homes, and the department shall discharge as additional duties and responsibilities the provisions of this chapter.
[From and after July 1, 2015, this section shall read as follows:]
43-16-5. The * * * department * * * shall be the notification agency for all child residential homes, and the department shall discharge as additional duties and responsibilities the provisions of this chapter.
SECTION 11. Section 43-16-9, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-16-9. Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information:
(a) Name, street address, mailing address and phone number of the home.
(b) Name of the executive director and all staff members of the home.
(c) Name and description of the agency or organization operating the home, which shall include a statement as to whether or not the agency or organization is incorporated.
(d) Name and address of the sponsoring organization of the home, if applicable.
(e) The names of all children living at the home which shall include the following personal data:
(i) Full name and a copy of the child's birth certificate;
(ii) Name and address of parent(s) or guardian(s); and
(iii) Name and address of other nearest relative.
(f) School(s) attended by the children served by such home.
(g) Fire department or State Fire Marshal inspection certificate.
(h) Local health department inspection certificate.
(i) Proof, to be shown by the sworn affidavit of the executive director of the home, that the home has performed (i) criminal record background checks, and (ii) felony conviction record information checks on all employees, prospective employees, volunteers and prospective volunteers at such home, and that such records are maintained to the extent permitted by law, for every such employee, prospective employee, volunteer and prospective volunteer.
(j) Proof, to be shown by the sworn affidavit of the executive director of the home, that medical records are maintained for each child.
[From and after July 1, 2015, this section shall read as follows:]
43-16-9. Such notification shall be filed by the executive director of the child residential home to the department upon forms provided by the department and shall contain the following information:
(a) Name, street address, mailing address and phone number of the home.
(b) Name of the executive director and all staff members of the home.
(c) Name and description of the agency or organization operating the home, which shall include a statement as to whether or not the agency or organization is incorporated.
(d) Name and address of the sponsoring organization of the home, if applicable.
(e) The names of all children living at the home which shall include the following personal data:
(i) Full name and a copy of the child's birth certificate;
(ii) Name and address of parent(s) or guardian(s); and
(iii) Name and address of other nearest relative.
(f) School(s) attended by the children served by such home.
(g) Fire department or State Fire Marshal inspection certificate.
(h) Local health department inspection certificate.
(i) Proof, to be shown by the sworn affidavit of the executive director of the home, that the home has performed (i) criminal record background checks, and (ii) felony conviction record information checks on all employees, prospective employees, volunteers and prospective volunteers at such home, and that such records are maintained to the extent permitted by law, for every such employee, prospective employee, volunteer and prospective volunteer.
(j) Proof, to be shown by the sworn affidavit of the executive director of the home, that medical records are maintained for each child.
SECTION 12. Section 43-16-25, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
43-16-25. A license issued under the provisions of this chapter shall be renewed annually upon payment of a renewal fee not to exceed One Hundred Dollars ($100.00) and upon filing by the licensee of an annual report upon such uniform dates and upon forms provided by the department, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section 43-16-11.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
Monies collected under this section shall not be used as matching funds or as maintenance of effort (MOE) funds for the purpose of obtaining federal funds.
[From and after July 1, 2015, this section shall read as follows:]
43-16-25. A license issued under the provisions of this chapter shall be renewed annually upon payment of a renewal fee not to exceed One Hundred Dollars ($100.00) and upon filing by the licensee of an annual report upon such uniform dates and upon forms provided by the department, accompanied by a current certificate of inspection and approval by the fire department and the county health department specified in Section 43-16-11.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 13. Section 43-17-39, Mississippi Code of 1972, which was repealed by operation of law on July 1, 2006, is reenacted as follows:
43-17-39. (1) The Department of Human Services is Mississippi's lead agency in the federal Child Care and Development Fund (CCDF) program. CCDF is comprised of the following funding streams: discretionary, mandatory, federal matching, and state matching. In addition, as allowed by federal regulation, Mississippi, based on the availability of funds, will transfer twenty percent (20%) of the Temporary Assistance to Needy Families (TANF) grant into CCDF. The CCDF/TANF program helps eligible working parents pay for early care and education services for their children.
(2) This section shall stand repealed on July 1, 2015.
SECTION 14. Section 75-74-3, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-3. In this chapter, unless the context requires a different definition:
(a) "Department" * * * means the Mississippi Department of Human Services.
(b) "Camper" * * * means any child six (6) to eighteen (18) years of age who is attending a youth camp.
(c) "Executive Director" * * * means the Executive Director of the Department of Human Services.
(d) "Person" * * * means any individual, partnership, corporation, association or organization.
(e) "Youth camp" * * * means any camp operating on a permanent campsite for four (4) or more consecutive periods of twenty-four (24) hours, and accommodating twenty (20) or more children six (6) to eighteen (18) years of age; * * * however, athletic camps and hunting and fishing camps shall not be included in this definition.
(f) "Permanent campsite" * * * means a campground containing within the premises thereof permanent structures and installed facilities which are primarily used for camping purposes by a youth camp operator; provided, however, facilities owned by the State of Mississippi, any political subdivision thereof or any public or private university, college or junior college shall not be included in this definition.
(g) "Youth camp operator" * * * means any person who owns, operates, controls or supervises, whether or not for profit, a youth camp.
[From and after July 1, 2015, this section shall read as follows:]
75-74-3. In this chapter, unless the context requires a different definition:
(a) "Board" * * * means the State Board of Health.
(b) "Camper" * * * means any child six (6) to eighteen (18) years of age who is attending a youth camp.
(c) "Health officer" * * * means the state health officer, Mississippi State Board of Health.
(d) "Person" * * * means any individual, partnership, corporation, association or organization.
(e) "Youth camp" * * * means any camp operating on a permanent campsite for four (4) or more consecutive periods of twenty-four (24) hours, and accommodating twenty (20) or more children six (6) to eighteen (18) years of age; provided, however, athletic camps and hunting and fishing camps shall not be included in this definition.
(f) "Permanent campsite" * * * means a campground containing within the premises thereof permanent structures and installed facilities which are primarily used for camping purposes by a youth camp operator; * * * however, facilities owned by the State of Mississippi, any political subdivision thereof or any public or private university, college or junior college shall not be included in this definition.
(g) "Youth camp operator" * * * means any person who owns, operates, controls or supervises, whether or not for profit, a youth camp.
SECTION 15. Section 75-74-7, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-7. The department is the principal authority in the state on matters relating to the condition of safety and health at youth camps in Mississippi. The department has the powers and duties set out in this chapter and all other powers necessary and convenient to carry out its responsibilities.
[From and after July 1, 2015, this section shall read as follows:]
75-74-7. The * * * board * * * is the principal authority in the state on matters relating to the condition of safety and health at youth camps in Mississippi. The board has the powers and duties set out in this chapter and all other powers necessary and convenient to carry out its responsibilities.
SECTION 16. Section 75-74-8, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-8. (1) Any nonresident physician who is not licensed to practice medicine in this state and any resident physician who is retired from the active practice of medicine in this state may be issued a temporary license by the State Board of Medical Licensure to practice medicine at a youth camp licensed by the department under this chapter while serving as a volunteer at such a camp, provided that any such nonresident physician shall hold a valid license to practice medicine in another state and the medical licensing authority of that state shall certify to the Board of Medical Licensure in writing that such license is in good standing, and that any such retired resident physician shall be in good standing with the Board of Medical Licensure.
(2) Any nonresident registered nurse who is not licensed to practice nursing in this state and any resident registered nurse who is retired from the active practice of nursing in this state may be issued a temporary license by the Mississippi Board of Nursing to practice nursing at a youth camp licensed under this chapter by the department while serving as a volunteer at such a camp, provided that any such nonresident nurse shall hold a valid license to practice nursing in another state and the nurse licensing authority of that state shall certify to the Board of Nursing in writing that such license is in good standing, and that any such retired resident nurse shall be in good standing with the Board of Nursing. The Board of Nursing shall be authorized to require any resident registered nurse who has been retired from the active practice of nursing in this state for five (5) or more consecutive years to complete a nursing reorientation program prescribed by the board before the board will issue a temporary license to practice nursing at a youth camp to such nurse.
(3) A temporary license issued under subsection (1) or (2) of this section shall authorize the physician or registered nurse to whom the license is issued to administer treatment and care within the scope of his training to campers and employees of the youth camp, but shall not authorize the physician or registered nurse to otherwise practice in the state. Such temporary license shall be valid only during the time that the physician or registered nurse is in residence at the camp, but in no event shall such license be valid for more than ninety (90) days. A new temporary license shall be obtained by a physician or registered nurse each time that he serves as a volunteer at a youth camp. The fee for each such license shall be Twenty-five Dollars ($25.00), which shall be payable to the board from which the license is obtained.
[From and after July 1, 2015, this section shall read as follows:]
75-74-8. (1) Any nonresident physician who is not licensed to practice medicine in this state and any resident physician who is retired from the active practice of medicine in this state may be issued a temporary license by the State Board of Medical Licensure to practice medicine at a youth camp licensed by the State Board of Health under this chapter while serving as a volunteer at such a camp, provided that any such nonresident physician shall hold a valid license to practice medicine in another state and the medical licensing authority of that state shall certify to the Board of Medical Licensure in writing that such license is in good standing, and that any such retired resident physician shall be in good standing with the Board of Medical Licensure.
(2) Any nonresident registered nurse who is not licensed to practice nursing in this state and any resident registered nurse who is retired from the active practice of nursing in this state may be issued a temporary license by the Mississippi Board of Nursing to practice nursing at a youth camp licensed under this chapter by the State Board of Health while serving as a volunteer at such a camp, provided that any such nonresident nurse shall hold a valid license to practice nursing in another state and the nurse licensing authority of that state shall certify to the Board of Nursing in writing that such license is in good standing, and that any such retired resident nurse shall be in good standing with the Board of Nursing. The Board of Nursing shall be authorized to require any resident registered nurse who has been retired from the active practice of nursing in this state for five (5) or more consecutive years to complete a nursing reorientation program prescribed by the board before the board will issue a temporary license to practice nursing at a youth camp to such nurse.
(3) A temporary license issued under subsection (1) or (2) of this section shall authorize the physician or registered nurse to whom the license is issued to administer treatment and care within the scope of his training to campers and employees of the youth camp, but shall not authorize the physician or registered nurse to otherwise practice in the state. Such temporary license shall be valid only during the time that the physician or registered nurse is in residence at the camp, but in no event shall such license be valid for more than ninety (90) days. A new temporary license shall be obtained by a physician or registered nurse each time that he serves as a volunteer at a youth camp. The fee for each such license shall be twenty-five dollars ($25.00), which shall be payable to the board from which the license is obtained.
SECTION 17. Section 75-74-9, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-9. (1) The department shall have the authority and the duty to make and promulgate rules and regulations consistent with the policy and purpose of this chapter, and to amend any rule or regulation it makes. In developing such rules and regulations, the department shall consult with appropriate public and private officials and organizations and parents and camp operators. It shall be the duty of the department to advise all existing youth camps in this state of this chapter and any rules and regulations promulgated under this chapter.
(2) There is created within the department the advisory council on youth camp safety to advise and consult on policy matters relating to youth camp safety. The council consists of the executive director or his representative and a minimum of eight (8) members appointed by the executive director, including the following groups: one (1) member representative each from a private nonsectarian camp, a church-related or sponsored camp, the Girl Scouts of America, the Boy Scouts of America, the Mississippi Camping Association, camps for the handicapped and civic organization camps; and a consumer, a parent or an older youth with prior camping experience. A member is entitled to hold office for two (2) years or until his successor is appointed and qualifies. The executive director or his representative shall fill vacancies for unexpired terms. Council members serve without compensation, but are entitled to be reimbursed for actual expenses incurred in the performance of their duties. The executive director may appoint special advisory or technical experts and consultants as are necessary to assist the council in carrying out its functions.
(3) No rule or regulation promulgated or amended by the department under this chapter shall be effective until a public hearing is held thereon. Notice of a public hearing, including the time, date and location of the hearing and the substance of the proposed rule, regulation or amendment, shall be given by the department to each licensee of a youth camp and the general public not less than ten (10) days nor more than thirty (30) days before the hearing. Any interested person may appear at the hearing to present evidence or testimony concerning the proposed rule, regulation or amendment.
[From and after July 1, 2015, this section shall read as follows:]
75-74-9. (1) The * * * board * * * shall have the authority and the duty to make and promulgate rules and regulations consistent with the policy and purpose of this chapter, and to amend any rule or regulation it makes. In developing such rules and regulations, the board shall consult with appropriate public and private officials and organizations and parents and camp operators. It shall be the duty of the board to advise all existing youth camps in this state of this chapter and any rules and regulations promulgated under this chapter.
(2) There is created within the * * * board * * * the advisory council on youth camp safety to advise and consult on policy matters relating to youth camp safety. The council consists of the health officer or his representative and a minimum of eight (8) members appointed by the * * * health officer, including the following groups: one (1) member representative each from a private nonsectarian camp, a church-related or sponsored camp, the Girl Scouts of America, the Boy Scouts of America, the Mississippi Camping Association, camps for the handicapped and civic organization camps; and a consumer, a parent or an older youth with prior camping experience. A member is entitled to hold office for two (2) years or until his successor is appointed and qualifies. The State Health Officer or his representative shall fill vacancies for unexpired terms. Council members serve without compensation, but are entitled to be reimbursed for actual expenses incurred in the performance of their duties. The State Health Officer may appoint special advisory or technical experts and consultants as are necessary to assist the council in carrying out its functions.
(3) No rule or regulation promulgated or amended by the board under this chapter shall be effective until a public hearing is held thereon. Notice of a public hearing, including the time, date and location of the hearing and the substance of the proposed rule, regulation or amendment, shall be given by the board to each licensee of a youth camp and the general public not less than ten (10) days nor more than thirty (30) days before the hearing. Any interested person may appear at the hearing to present evidence or testimony concerning the proposed rule, regulation or amendment.
SECTION 18. Section 75-74-11, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-11. No person or organization may operate or sponsor a youth camp in Mississippi without first holding a valid license under this chapter and without complying with the provisions of this chapter and with any rule, regulation or order of the state department.
Each application for a license to operate or sponsor a youth camp shall be accompanied by a license fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the department. A license issued under this chapter may be renewed upon payment of a renewal fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the department.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
[From and after July 1, 2015, this section shall read as follows:]
75-74-11. No person or organization may operate or sponsor a youth camp in Mississippi without first holding a valid license under this chapter and without complying with the provisions of this chapter and with any rule, regulation or order of the * * * board * * *.
Each application for a license to operate or sponsor a youth camp shall be accompanied by a license fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the board. A license issued under this chapter may be renewed upon payment of a renewal fee of One Hundred Fifty Dollars ($150.00), which shall be paid to the board.
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
SECTION 19. Section 75-74-17, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-17. (1) No person may operate a youth camp in Mississippi without complying with all provisions of this chapter, and any rules, regulations and orders of the department.
(2) Any person operating a youth camp in Mississippi without a license shall be guilty of a misdemeanor. Each day shall constitute a separate offense.
[From and after July 1, 2015, this section shall read as follows:]
75-74-17. (1) No person may operate a youth camp in Mississippi without complying with all provisions of this chapter, and any rules, regulations and orders of the * * * board * * *.
(2) Any person operating a youth camp in Mississippi without a license shall be guilty of a misdemeanor. Each day shall constitute a separate offense.
SECTION 20. Section 75-74-19, Mississippi Code of 1972, is amended as follows:
[Through June 30, 2015, this section shall read as follows:]
75-74-19. All fees collected by the department under this chapter and any penalties collected by the department for violations of this chapter shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose. Monies in the special fund may be used as matching funds for the purpose of obtaining federal funds only for the Child Care and Development Fund (CCDF) program.
[From and after July 1, 2015, this section shall read as follows:]
75-74-19. All fees collected by the * * *board under this chapter and any penalties collected by the board for violations of this chapter shall be deposited in a special fund that is created in the State Treasury and shall be used for the implementation and administration of this chapter when appropriated by the Legislature for that purpose.
SECTION 21. The Joint Legislative PEER Committee shall conduct a comprehensive review of the effect of transferring the powers and duties of the State Department of Health relating to the licensure of child care facilities to the Department of Human Services as provided under this act, with any recommendations for legislative changes, not later than January 1, 2015.
SECTION 22. This act shall take effect and be in force from and after July 1, 2013.
