HB 955 — Inactive boards and commissions; repeal certain.

          (b)  To take such action and provide and maintain such organized means as may seem necessary and expedient to prevent, control and extinguish forest fires, including the enforcement of any and all laws pertaining to the protection of forests and woodland.

          (c)  To encourage forest and tree planting for the production of a wood crop, for the protection of water supply, for windbreak and shade, or for any other beneficial purposes contributing to the general welfare, public hygiene and comfort of the people.

          (d)  To cause to be made such technical investigations and studies concerning forest conditions, the propagation, care and protection of forest and shade trees, the care and management of forests, their growth, yield and the products and by-products thereof, and any other competent subject, including forest taxation, bearing on the timber supply and needs of the state, which the commission, in its discretion, may deem proper.

          (e)  To assist and cooperate with any federal or state department or institution, county, town, corporation or individual, under such terms as in the judgment of the commission will best serve the public interest, in the preparation and execution of plans for the protection, management, replacement, or extension of the forest, woodland and roadside or other ornamental tree growth in the state.

          (f)  To encourage public interest in forestry by means of correspondence, the public press, periodicals, the publication of bulletins and leaflets for general distribution, the delivery of lectures in the schools and other suitable means, and to cooperate to the fullest extent with the extension department services of the state colleges in promoting reforestation.  It shall be the duty of the State Forester to cooperate with private timber owners in laying plans for the protection, management and replacement of forests and in aiding them to form protection associations.  It shall be his duty to examine all timbered lands belonging to the state and its institutions and report to the commission upon their timber conditions and actual value, and also whether some of these lands may not be held as state forests.  He shall be responsible for the protection and management of lands donated, purchased or belonging to the state or state institutions, and all other lands reserved by the state as state forests.

          (g)  To control the expenditure of any and all funds appropriated or otherwise made available for the several purposes set forth herein under suitable regulations and restrictions by the commission and to specifically authorize any officer or employee of the commission to incur necessary and stipulated expenses in connection with the work in which such person may be engaged.

          (h)  To submit annually to the Legislature a report of the expenditures, proceedings and results achieved, together with such other matters including recommendations concerning legislation as are germane to the aims and purposes of this chapter.

          (i)  To create, establish and organize the State of Mississippi into forestry districts for the most effective and efficient administration of the commission.

          (j)  To appoint, upon the State Forester's recommendation, six (6) individuals who shall be designated Mississippi Forestry Commission Law Enforcement Officers with authority to bear arms, investigate and make arrests;

however, the law enforcement duties and authority of the officers shall be limited to woods arson.  The officers shall comply with applicable minimum educational and training standards for law enforcement officers.  These officers may issue citations for any violation of those laws for recklessly or with gross negligence causing fire to burn the lands of another.  A citation issued by a Forestry Commission law enforcement officer shall be issued on a uniform citation form consisting of an original and at least two (2) copies.  Such citation shall show, among other necessary information, the name of the issuing officer, the name of the court in which the cause is to be heard and the date and time the person charged with a violation is to appear to answer the charge.  The uniform citation form shall make a provision on it for information that will constitute a complaint charging the offense for which the citation was issued and, when duly sworn to and filed with a court of competent jurisdiction, prosecution may proceed under that complaint.  For the purposes of this paragraph, the fact that any person is found to have a brush or debris pile or other material which is or was being burned and reasonable and prudent efforts were not taken to prevent the spread of the fire onto the lands of another shall be evidence that such person recklessly or with gross negligence caused the land to burn.

      This paragraph shall stand repealed on June 30, 2018.

 * * *(k)  To discharge such duties, responsibilities and powers necessary to accomplish and implement the Forestry Inventory and Strategic Planning Act under Section 49‑19‑401 et seq.

     SECTION 10.  Section 49-19-407, Mississippi Code of 1972, is amended as follows:

     49-19-407.  The Executive Directors of * * *the Mississippi Institute for Forest Inventory, the Mississippi Forestry Commission, the Mississippi Development Authority, the MSU Forest and Wildlife Research Center, and the Cooperative Extension Service shall establish a procedure and guidelines for the coordination of outreach and education programs.  It shall be the duty of each agency to cooperate and to promote a coordinated outreach and education program to increase the utilization of private nonindustrial forest landowner forest resources and increase profitability for such resources.

     SECTION 11.  Section 39-29-1, Mississippi Code of 1972, which establishes the Mississippi Commission on the Holocaust, is repealed.

     SECTION 12.  Sections 41-73-1, 41-73-3, 41-73-5, 41-73-7, 41-73-9, 41-73-11, 41-73-13, 41-73-15, 41-73-17, 41-73-19, 41-73-21, 41-73-23, 41-73-25, 41-73-27, 41-73-29, 41-73-31, 41-73-33, 41-73-35, 41-73-37, 41-73-39, 41-73-41, 41-73-43, 41-73-45, 41-73-49, 41-73-51, 41-73-53, 41-73-55, 41-73-57, 41-73-59, 41-73-61, 41-73-63, 41-73-65, 41-73-67, 41-73-69, 41-73-71, 41-73-73 and 41-73-75, Mississippi Code of 1972, which establish the Hospital Equipment and Authority Act, provide the powers and responsibilities of the authority, and authorize the authority to issue bonds, are repealed.

     SECTION 13.  Section 7-1-403, Mississippi Code of 1972, is amended as follows:

     SECTION 14. 6.  Section 7-7-2, Mississippi Code of 1972, is amended as follows:

     SECTION 15. 7.  Section 41-73-47, Mississippi Code of 1972, is amended as follows:

     SECTION 16. 8.  Section 41-13-25, Mississippi Code of 1972, is amended as follows:

     SECTION 17. 9.  Sections 65-33-27 and 65-33-29, Mississippi Code of 1972, which authorize the establishment of a road protection commission for each county and provide for the organization of the commission, are repealed.

     SECTION 18. 10.  Section 65-33-31, Mississippi Code of 1972, is amended as follows:

     SECTION 19. 11.  Section 65-33-33, Mississippi Code of 1972, is amended as follows:

     SECTION 20. 12.  Sections 57-33-1 and 57-33-3, Mississippi Code of 1972, which authorize Mississippi to become a party state in the Southern Growth Policies Agreement, are repealed.

     SECTION 21. 13.  Section 41-113-9,83-1-201, Mississippi Code of 1972, which establishes the MississippiWindstorm TobaccoMitigation ControlCoordinating Advisory Council, is repealed.

     SECTION 22. 14.  Section 41-113-3,83-34-5, Mississippi Code of 1972, is amended as follows:

     41-113-3.  (1)  There is hereby created the Office of Tobacco Control (office) which shall be an administrative division of the State Department of Health.

     (2)  The Office of Tobacco Control * * *, with the advice of the Mississippi Tobacco Control Advisory Board, shall develop and implement a comprehensive and statewide tobacco education, prevention and cessation program that is consistent with the recommendations for effective program components and funding recommendations in the 1999 Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as those Best Practices may be periodically amended by the Centers for Disease Control and Prevention.

     (3)  At a minimum, the program shall include the following components, and may include additional components that are contained within the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and that based on scientific data and research have been shown to be effective at accomplishing the purposes of this section:

          (a)  The use of mass media, including paid advertising and other communication tools to discourage the use of tobacco products and to educate people, especially youth, about the health hazards from the use of tobacco products, which shall be designed to be effective at achieving these goals and shall include, but need not be limited to, television, radio, and print advertising, as well as sponsorship, exhibits and other opportunities to raise awareness statewide;

          (b)  Evidence-based curricula and programs implemented in schools to educate youth about tobacco and to discourage their use of tobacco products, including, but not limited to, programs that involve youth, educate youth about the health hazards from the use of tobacco products, help youth develop skills to refuse tobacco products, and demonstrate to youth how to stop using tobacco products;

          (c)  Local community programs, including, but not limited to, youth-based partnerships that discourage the use of tobacco products and involve community-based organizations in tobacco education, prevention and cessation programs in their communities;

          (d)  Enforcement of laws, regulations and policies against the sale or other provision of tobacco products to minors, and the possession of tobacco products by minors;

          (e)  Programs to assist and help people to stop using tobacco products;

and           (f)  A surveillance and evaluation system that monitors program accountability and results, produces publicly available reports that review how monies expended for the program are spent, and includes an evaluation of the program's effectiveness in reducing and preventing the use of tobacco products, and annual recommendations for improvements to enhance the program's effectiveness.

     (4)  All programs or activities funded by the State Department of Health through the tobacco education, prevention and cessation program, whether part of a component described in subsection (2) or an additional component, must be consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, and all funds received by any person or entity under any such program or activity must be expended for purposes that are consistent with those Best Practices.  The State Department of Health shall exercise sole discretion in determining whether components are consistent with the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention.

     (5)  Funding for the different components of the program shall be apportioned between the components based on the recommendations in the Best Practices for Comprehensive Tobacco Control Programs of the federal Centers for Disease Control and Prevention, as periodically amended, or any additional programs as determined by the State Board of Health to provide adequate program development, implementation and evaluation for effective control of the use of tobacco products.  While the office shall develop annual budgets based on strategic planning, components of the program shall be funded using the following areas as guidelines for priority:

          (a)  School nurses and school programs;

          (b)  Mass media (counter-marketing);

          (c)  Cessation programs (including media promotions);

          (d)  Community programs;

          (e)  Surveillance and evaluation;

          (f)  Law enforcement;

and           (g)  Administration and management;

however, not more than five percent (5%) of the total budget may be expended for administration and management purposes.

     (6)  In funding the components of the program, the State Department of Health may provide funding for health care programs at the University of Mississippi Medical Center and Mississippi Quality Health Center Grants that are related to the prevention and cessation of the use of tobacco products and the treatment of illnesses that are related to the use of tobacco products.

     (7)  No statewide, district, local, county or municipal elected official shall take part as a public official in mass media advertising under the provisions of this chapter.

     SECTION 23.  Section 41-113-7, Mississippi Code of 1972, is amended as follows:

     41-113-7.  The Office of Tobacco Control shall perform the following duties * * *, with the advice of the Mississippi Tobacco Control Advisory Council:

          (a)  Develop and implement appropriate policies and procedures for the operation of the tobacco education, prevention and cessation program;

          (b)  Develop and implement a five-year strategic plan for the tobacco education, prevention and cessation program;

          (c)  Develop and maintain an annual operating budget and oversee fiscal management of the tobacco education, prevention and cessation program;

          (d)  Execute any contracts, agreements or other documents with any governmental agency or any person, corporation, association, partnership or other organization or entity that are necessary to accomplish the purposes of this chapter;

          (e)  Receive grants, bequeaths, gifts, donations or any other contributions made to the office to be used for specific purposes related to the goals of this chapter;

          (f)  Submit an annual report to the Legislature regarding the operation of the office;

          (g)  Submit to the State Auditor any financial records that are necessary for the Auditor to perform an annual audit of the office as required by law;

and           (h)  Take any other actions that are necessary to carry out the purposes of this chapter.

     SECTION 24.  Section 41-59-7, Mississippi Code of 1972, is amended as follows:

     41-59-7.  (1)  There is created an Emergency Medical Services Advisory Council to consist of the following members who shall be appointed by the Governor:

          (a)  One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Trauma Committee, American College of Surgeons;

          (b)  One (1) licensed physician to be appointed from a list of nominees who are actively engaged in rendering emergency medical services presented by the Mississippi State Medical Association;

          (c)  One (1) registered nurse whose employer renders emergency medical services, to be appointed from a list of nominees presented by the Mississippi Nurses Association;

          (d)  Two (2) hospital administrators who are employees of hospitals which provide emergency medical services, to be appointed from a list of nominees presented by the Mississippi Hospital Association;

          (e)  Two (2) operators of ambulance services;

          (f)  Three (3) officials of county or municipal government;

          (g)  One (1) licensed physician to be appointed from a list of nominees presented by the Mississippi Chapter of the American College of Emergency Physicians;

          (h)  One (1) representative from each designated trauma care region, to be appointed from a list of nominees submitted by each region;

          (i)  One (1) registered nurse to be appointed from a list of nominees submitted by the Mississippi Emergency Nurses Association;

          (j)  One (1) EMT-Paramedic whose employer renders emergency medical services in a designated trauma care region;

          (k)  One (1) representative from the Mississippi Department of Rehabilitation Services;

          (l)  One (1) member who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi;

          (m)  One (1) licensed neurosurgeon to be appointed from a list of nominees presented by the Mississippi State Medical Association;

          (n)  One (1) licensed physician with certification or experience in trauma care to be appointed from a list of nominees presented by the Mississippi Medical and Surgical Association;

          (o)  One (1) representative from the Mississippi Firefighters Memorial Burn Association, to be appointed by the association's governing body;

and           (p)  One (1) representative from the Mississippians for Emergency Medical Services, to be appointed by the association's governing body.

     The terms of the advisory council members shall begin on July 1, 1974.  Four (4) members shall be appointed for a term of two (2) years, three (3) members shall be appointed for a term of three (3) years, and three (3) members shall be appointed for a term of four (4) years.  Thereafter, members shall be appointed for a term of four (4) years.  The executive officer or his designated representative shall serve as ex officio chairman of the advisory council.  Advisory council members may hold over and shall continue to serve until a replacement is named by the Governor.

     The advisory council shall meet at the call of the chairman at least annually.  For attendance at such meetings, the members of the advisory council shall be reimbursed for their actual and necessary expenses including food, lodging and mileage as authorized by law, and they shall be paid per diem compensation authorized under Section 25-3-69.

     The advisory council shall advise and make recommendations to the board regarding rules and regulations promulgated pursuant to this chapter.

 * * * (2)  There is created a committee of the Emergency Medical Services Advisory Council to be named the Mississippi Trauma Advisory Committee (hereinafter "MTAC").  This committee shall act as the advisory body for trauma care system development and provide technical support to the department in all areas of trauma care system design, trauma standards, data collection and evaluation, continuous quality improvement, trauma care system funding, and evaluation of the trauma care system and trauma care programs.  The membership of the Mississippi Trauma Advisory Committee shall be comprised of Emergency Medical Services Advisory Council members appointed by the chairman.

     SECTION 25.  Section 41-59-5, Mississippi Code of 1972, is amended as follows:

     41-59-5.  (1)  The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi.  The responsibility for implementation and conduct of this program shall be vested in the State Health Officer of the State Board of Health along with such other officers and boards as may be specified by law or regulation.

     (2)  The board shall provide for the regulation and licensing of public and private ambulance service, inspection and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers and attendants, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities.

     (3)  The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter.

     (4)  The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61.

     (5)  The department acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop a uniform nonfragmented inclusive statewide trauma care system that provides excellent patient care.  It is the intent of the Legislature that the purpose of this system is to reduce death and disability resulting from traumatic injury, and in order to accomplish this goal it is necessary to assign additional responsibilities to the department.  The department is assigned the responsibility for creating, implementing and managing the statewide trauma care system.  The department shall be designated as the lead agency for trauma care systems development.  The department shall develop and administer trauma regulations that include, but are not limited to, the Mississippi Trauma Care System Plan, trauma system standards, trauma center designations, field triage, interfacility trauma transfer, EMS aero medical transportation, trauma data collection, trauma care system evaluation and management of state trauma systems funding.  The department shall promulgate regulations specifying the methods and procedures by which Mississippi-licensed acute care facilities shall participate in the statewide trauma system.  Those regulations shall include mechanisms for determining the appropriate level of participation for each facility or class of facilities.  The department shall also adopt a schedule of fees to be assessed for facilities that choose not to participate in the statewide trauma care system, or which participate at a level lower than the level at which they are capable of participating.  The fees paid under this provision shall be for the exclusive benefit of the statewide trauma care system and shall not lapse into the State General Fund.  The department shall promulgate rules and regulations necessary to effectuate this provision by September 1, 2008, with an implementation date of September 1, 2008.  The department shall take the necessary steps to develop, adopt and implement the Mississippi Trauma Care System Plan and all associated trauma care system regulations necessary to implement the Mississippi Trauma Care System.  The department shall cause the implementation of both professional and lay trauma education programs.  These trauma educational programs shall include both clinical trauma education and injury prevention.  As it is recognized that rehabilitation services are essential for traumatized individuals to be returned to active, productive lives, the department shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems.

     (6)  The State Board of Health is authorized to receive any funds appropriated to the board from the Mississippi Trauma Care Systems Fund created in Section 41-59-75.  It is further authorized, with the Emergency Medical Services Advisory Council * * * and the Mississippi Trauma Advisory Committee acting in an advisory * * *capacities capacity, to administer the disbursements of those funds according to adopted trauma care system regulations.  Any Level I trauma care facility or center located in a state contiguous to the State of Mississippi that participates in the Mississippi Trauma Care System and has been designated by the department to perform specified trauma care services within the Trauma Care System under standards adopted by the department shall receive a reasonable amount of reimbursement from the department for the cost of providing trauma care services to Mississippi residents whose treatment is uncompensated.

     (7)  In addition to the trauma-related duties provided for in this section, the Board of Health shall develop a plan for the delivery of services to Mississippi burn victims through the existing trauma care system of hospitals.  Such plan shall be operational by July 1, 2005, and shall include:

          (a)  Systems by which burn patients will be assigned or transferred to hospitals capable of meeting their needs;

          (b)  Until the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational, procedures for allocating funds appropriated from the Mississippi Burn Care Fund to hospitals that provide services to Mississippi burn victims;

and           (c)  Such other provisions necessary to provide burn care for Mississippi residents, including reimbursement for travel, lodging, if no free lodging is available, meals and other reasonable travel-related expenses incurred by burn victims, family members and/or caregivers, as established by the State Board of Health through rules and regulations.

     After the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 37-115-45 is operational, the Board of Health shall revise the plan to include the Mississippi Burn Center.

     SECTION 26.  Section 83-1-201, Mississippi Code of 1972, which establishes the Windstorm Mitigation Coordinating Council, is repealed.

     SECTION 27.  Section 83-34-5, Mississippi Code of 1972, is amended as follows:

     SECTION 28. 15.  This act shall take effect and be in force from and after July 1, 2018.