reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-47 - Preparation of statewide Hepatitis C Virus plan

Not later than January 1, 2006, the State Department of Health, in collaboration with the University of Mississippi Medical Center and the Veterans Affairs Medical Center, shall prepare and deliver to the Legislature a statewide Hepatitis C Virus plan.
Laws, 2004, ch. 574, § 1, eff. 7/1/2004.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › IN GENERAL (§§ 41-23-1 — 41-23-51) › Section 41-23-51 - Exemption from compliance with provisions of Section 41-23-49

Added by Laws, 2022, ch. 491, HB 1509,§ 1, eff. 4/21/2022.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › RUBELLA SCREENING, COUNSELING AND VACCINATION (§§ 41-23-101 — 41-23-105) › Section 41-23-101 - Rubella screening tests

The state board of health is hereby authorized to offer rubella screening tests to all females of childbearing age and to collect fees to defray the costs of such tests, provided that such fees shall not exceed the applicable Medicaid rate.
Laws, 1981, ch. 414, § 1, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › RUBELLA SCREENING, COUNSELING AND VACCINATION (§§ 41-23-101 — 41-23-105) › Section 41-23-103 - Counseling as to risks and benefits of rubella immunization

The state board of health shall counsel all females found after testing to be nonimmune to rubella as to the risks and benefits of immunization and as to the associated risks of birth defects in pregnancies occurring within ninety (90) days of vaccination.
Laws, 1981, ch. 414, § 2, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › RUBELLA SCREENING, COUNSELING AND VACCINATION (§§ 41-23-101 — 41-23-105) › Section 41-23-105 - Civil immunity for persons performing rubella tests, counseling and vaccinations

Neither the state board of health nor any physician or nurse employed by the board who, in good faith and in the exercise of reasonable care, performs testing for susceptibility to rubella, renders counseling as provided in Section
41-23-103
, or administers vaccinations against rubella shall be liable for any civil damages as a result of any acts committed in good faith and in the exercise of reasonable care or omissions in good faith and in the exercise of reasonable care by such persons in performing such testing, counseling or vaccinations.
Laws, 1981, ch. 414, § 3, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 23 - CONTAGIOUS AND INFECTIOUS DISEASES; QUARANTINE (§§ 41-23-1 — 41-23-121) › SCHOOL-LOCATED INFLUENZA VACCINATION PROGRAMS (§ 41-23-121) › Section 41-23-121 - Funding for School-Located Influenza Vaccination Programs

(1)
It is the intent of the Legislature that the State Department of Health apply for federal grants and appropriations under the federal Patient Protection and Affordable Care Act (PPACA), Public Law 111-148, to fund, build infrastructure, promote and expand school-located influenza vaccination programs to provide seasonal influenza vaccinations for school-aged children. The agency may seek grants and appropriations from any source.
(2)
The State Department of Health shall make information regarding federal grant and appropriations opportunities under PPACA available to local government agencies, local public health departments, school districts, and state and local nonprofit organizations via the agency's website.
Laws, 2011, ch. 473, § 2, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 24 - SICKLE CELL TESTING PROGRAM (§§ 41-24-1 — 41-24-5) › Section 41-24-1 - Establishment of testing program for sickle cell anemia or sickle cell trait

The state board of health is hereby authorized and empowered to promulgate such rules and regulations necessary to establish a program of testing to determine the presence of the disease or condition known as sickle cell anemia or sickle cell trait.
Codes, 1942, § 7076-21; Laws, 1972, ch. 414, § 1; Laws, 1983, ch. 522, § 10, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 24 - SICKLE CELL TESTING PROGRAM (§§ 41-24-1 — 41-24-5) › Section 41-24-3 - Persons who may be tested

In order to accomplish a program of testing for the disease or condition known as sickle cell anemia and/or sickle cell trait which will be most effective and efficient throughout the state, the state board of health may, by rule or regulation, require testing of only those persons who, because of race, ethnic group or other reasons are determined to be particularly susceptible to the condition.
Codes, 1942, § 7076-22; Laws, 1972, ch. 414, § 2; Laws, 1983, ch. 522, § 11, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 24 - SICKLE CELL TESTING PROGRAM (§§ 41-24-1 — 41-24-5) › Section 41-24-5 - Distribution of educational materials

The state board of health is hereby authorized and empowered to prepare and distribute educational materials relating to sickle cell anemia and sickle cell trait in conjunction with the program of testing as provided for above. Such materials shall be distributed to school teachers and administrators in charge of children who are susceptible to the condition, as well as being distributed generally.
Codes, 1942, § 7076-23; Laws, 1972, ch. 414, § 3, eff. 4/27/1972.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 25 - DISINFECTION AND SANITATION OF BUILDINGS AND PREMISES (§§ 41-25-1 — 41-25-13) › Section 41-25-1 - State Board of Health empowered to make rules and regulations concerning disinfection and sanitation

The State Board of Health shall have authority to make such sanitary investigations and prepare such rules and regulations governing the disinfection and sanitation of public buildings and vehicles as it may deem necessary for the protection and improvement of health.
Codes, 1906, § 2513; Hemingway's 1917, § 4862; 1930, § 4898; 1942, § 7054; Laws, 1983, ch. 522, § 12, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 25 - DISINFECTION AND SANITATION OF BUILDINGS AND PREMISES (§§ 41-25-1 — 41-25-13) › Section 41-25-3 - Assessment of fees

The board shall assess a fee in the following amount and for the following purpose:
Mobile home and recreational vehicle park annual permit fee .................... $50.00
The fee authorized under this section shall not be assessed for any mobile home and recreational vehicle park operated by a state or federal agency or institution.
Laws, 1986, ch. 371, § 3; Laws, 1989, ch. 313, § 2; Laws, 1989, ch. 547, § 2; Laws, 1991, ch. 606, § 2, eff. 7/1/1991.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 25 - DISINFECTION AND SANITATION OF BUILDINGS AND PREMISES (§§ 41-25-1 — 41-25-13) › Section 41-25-5 - through 41-25-11 - [Repealed]

Repealed by Laws, 1983, ch. 522, § 50, eff. 7/1/1983.
§ 41-25-5. [Codes, 1906, § 2515; Hemingway's 1917, § 4864; 1930, § 4900; 1942, § 7056] § 41-25-7. [Codes, Hemingway's 1917, § 4865; 1930, § 4901; 1942, § 7057] § 41-25-9. [Codes, 1906, § 2516; Hemingway's 1917, § 4866; 1930, § 4902; 1942, § 7058] § 41-25-11. [Codes, Hemingway's 1917, § 4867; 1930, § 4903; 1942, § 7059]
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 25 - DISINFECTION AND SANITATION OF BUILDINGS AND PREMISES (§§ 41-25-1 — 41-25-13) › Section 41-25-13 - Sanitary code for house trailers, house trailer camps, and tourist camps

The state board of health shall have the power to establish sanitary regulations for house trailers, house trailer camps, and tourist camps, which shall be called the sanitary code. The sanitary code may include provisions for the sanitary construction, maintenance, regulation, inspection, equipment and control of house trailer camps, tourist camps, and house trailers, and for their registration, with particular and special provisions with respect to plumbing, drainage, water supply and disposal or removal of toilet excretion, garbage and all other waste or refuse substances and accumulations. No house trailer camp, tourist camp, or house trailer shall be located, operated or drawn within this state unless and until it has complied with such provisions. Nothing herein contained shall limit or qualify the power of the state department of health to adopt and enforce other, additional or emergency regulations for house trailer or tourist camps and house trailers whenever the health of the people of this state is endangered or threatened.
Every regulation adopted by the state board of health shall state the date on which it takes effect, and a copy thereof, duly signed by the executive officer of the state board of health, shall be filed as a public record in the state department of health and a copy thereof shall be sent by the state board of health to each health officer within the state. The state board of health shall furnish certified copies of such code and its amendments and such certified copies shall be received in evidence in all courts or other judicial proceedings in the state. The provisions of the sanitary code shall have the force and effect of law.
Violations of the provisions of the sanitary code relating to house trailer camps, tourist camps, and house trailers are a misdemeanor. Each day on which a violation thereof continues is a separate offense.
Codes, 1942, § 8269; Laws, 1938, ch. 200; Laws, 1964, ch. 457, eff. 6/6/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-1 - Short title

This chapter shall be known and cited as the "Mississippi Safe Drinking Water Act of 1997."
Laws, 1976, ch. 452, § 1; Laws, 1997, ch. 389, § 7, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-2 - Legislative purpose and intent

(1)
The Legislature finds that:
(a)
An adequate supply of safe, pure drinking water is essential to the public health and welfare and the maintenance of that supply through viable water systems is an important natural resource in the economic development of the state;
(b)
The federal Safe Drinking Water Act, as amended, provides a comprehensive framework for regulating the collection, treatment, storage and distribution of potable water; and
(c)
It is in the public interest of the state to assume primary enforcement responsibility under the federal Safe Drinking Water Act, as amended.
(2)
The purposes of this chapter shall be:
(a)
To establish a state program to assure provision of safe drinking water to the public by establishing drinking water standards consistent with the federal act and developing a state program to implement and enforce the standards. The standards shall protect the public health and welfare to the extent feasible using technology, treatment techniques and other means which are generally available.
(b)
To develop a process for implementing plans for the provision of safe drinking water in emergencies;
(c)
To provide public notice of potentially hazardous conditions that may exist in a water supply; and
(d)
To authorize the director to prevent the creation of new potentially non-viable community water systems, to provide technical assistance to existing potentially non-viable systems to help those systems become viable and to encourage the elimination of non-viable systems whose problems cannot be corrected.
(3)
It is the intent of the Legislature that the board in implementing Section
41-26-5(3)
shall work cooperatively with organizations which provide training and assistance to public water systems. The board shall, consistent with state and federal law and rules and regulations and subject to the availability of funds, contract annually with and provide funding for those organizations. Any contract and funding shall be contingent upon receipt of an acceptable scope of work and cost proposal, as determined by the department and upon the contractor satisfactorily meeting performance objectives established in the contract.
Laws, 1997, ch. 389, § 1, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-5 - Mississippi Primary Drinking Water Regulations

(1)
In addition to any other duties required by law, the board shall have the following powers and duties concerning safe drinking water:
(a)
To establish policies, requirements or standards governing the source, collection, distribution, purification, treatment and storage of water for public water systems as it deems necessary for the provision of safe drinking water;
(b)
To adopt, modify, repeal and promulgate, after due notice and hearing and in accordance with the Mississippi Administrative Procedures Law and Section
41-26-6
, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing the powers and duties of the board under this chapter;
(c)
To enter into, and to authorize the director to execute contracts, grants and cooperative agreements with, any federal or state agency or subdivision thereof, interstate agency, or any other person in connection with carrying out this chapter; and
(d)
To discharge other powers, duties and responsibilities which may be necessary to implement this chapter.
(2)
(a)
Except as provided in Section
41-26-5(2)(b)
, regulations adopted under this section shall apply to each public water system in the state.
(b)
Regulations shall not apply to a public water system:
(i)
Which consists only of distribution and storage facilities, and which does not have any collection and treatment facilities;
(ii)
Which obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;
(iii)
Which does not sell water to any person; and
(iv)
Which is not a carrier which conveys passengers in interstate commerce.
(3)
The board shall develop and implement a technical assistance program to help existing potentially non-viable community public water systems to become viable and to improve the technical, managerial or financial capabilities of small community public water systems. In developing this program, the board shall work cooperatively with organizations which currently provide training and assistance to public water systems.
Laws, 1976, ch. 452, § 3; Laws, 1997, ch, 389, § 9, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-6 - Adoption of rules and regulations governing public water systems

(1)
The board may adopt rules and regulations governing public water systems, but those rules and regulations shall, except as expressly required by law, be no more stringent or extensive in scope, coverage and effect than regulations promulgated by the United States Environmental Protection Agency.
(2)
If federal regulations do not provide a standard, criteria or guidance addressing public water systems, the board may promulgate rules and regulations to address these matters when the board determines that the rules and regulations are necessary to protect the public health and welfare.
(3)
Nothing in this section shall prohibit the director by order or in the approval of plans for construction or changes from placing additional requirements on a public water system on a case by case basis in order to provide for the quantity and quality of drinking water or to protect the public health and welfare.
Laws, 1997, ch. 389, § 2, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-7 - Powers and duties of director

In addition to any other duties required by law, the director shall have the following powers and duties concerning safe drinking water:
(a)
To exercise general supervision over the administration and enforcement of this chapter and applicable rules and regulations;
(b)
To make inspections and investigations, collect samples and carry on research and analyses as may be necessary to carry out this chapter and applicable rules and regulations;
(c)
To enter at all reasonable times onto any property other than the interior of a private dwelling to make inspections, conduct investigations or studies or enforce this chapter and applicable rules and regulations;
(d)
To enter into contracts, grants or cooperative arrangements with any federal or state agency or subdivision thereof, interstate agency or any other person;
(e)
To receive financial and technical assistance from the federal government and other public or private agencies or organizations;
(f)
To participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
(g)
To establish adequate fiscal controls and accounting procedures to assure proper disbursement of and account for funds appropriated or otherwise necessary to carry out this chapter;
(h)
To hold hearings, issue, modify or revoke orders, levy and collect any administrative fine or penalty and to enforce the laws, rules and regulations governing safe drinking water;
(i)
To keep any records and make reports with respect to the activities of the department;
(j)
To delegate any powers, duties and responsibilities as deemed appropriate to administer this chapter including delegation of any powers and duties regarding administrative enforcement to a designated administrative law judge or hearing officer; and
(k)
To perform all acts necessary to carry out this chapter or the federal act.
Laws, 1976, ch. 452, § 4; Laws, 1997, ch. 389, § 10, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-9 - Action by director when contaminant is present in or likely to enter public water system

The director, upon receipt of information that a contaminant which is present in or is likely to enter a public water system may present an imminent and substantial endangerment to the public health, may take any actions deemed necessary to protect the public health. The actions may include, but shall not be limited to:
(a)
Issuing any orders either on the initiative of the director or through a designated administrative law judge or hearing officer as may be necessary to protect the public health of users of the system, including travelers; and
(b)
Commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction.
Laws, 1976, ch. 452, § 5; Laws, 1997, ch. 389, § 11, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-11 - Plan for provision of safe drinking water under emergency circumstances

The director shall develop an adequate plan for the provision of safe drinking water under emergency circumstances. If, in the judgment of the director, emergency circumstances exist in the state for safe drinking water, the director may take any actions deemed necessary to provide safe drinking water where it otherwise would not be available.
Laws, 1976, ch. 452, 6;Laws, 1997, ch. 389 12, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-13 - Notices of noncompliance, failure to perform monitoring, variances, and exemptions

(1)
A public water system shall, as soon as practicable, notify the county or district health department, the board and the administrator if one (1) of the following conditions exist:
(a)
the system is not in compliance with the Mississippi Primary Drinking Water Regulations;
(b)
the system fails to perform monitoring required by regulations adopted by the board;
(c)
the system is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(d)
the system is subject to an exemption; or
(e)
the system fails to comply with the requirements prescribed by a variance or exemption.
(2)
In addition, the system shall provide public notice. The notice shall be provided to the Mississippi State Department of Health at least once every three (3) months, and that public notice shall be published by the department on its Web site. The system shall provide notice that the drinking water quality reports are available on the Mississippi State Department of Health Web site by placing the notice, including the Web site address, in a newspaper of general circulation in the area which is served by the water system, as determined by the director. The notice shall not be placed in the legal section of the newspaper. The notice shall be furnished to the other communications media serving the area as soon as practicable after the discovery of any condition for which the notice is required. If the water bills of a public water system are issued more often than once every three (3) months, the notice shall be included in at least one (1) water bill of the system every three (3) months, and if a public water system issues its water bills less often than once every three (3) months, the notice shall be included in each water bill issued by the system.
Laws, 1976, ch. 452, § 7; Laws, 1997, ch. 389, § 13; Laws, 2010, ch. 334, § 1, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-15 - Prohibited acts

The following acts and the causing of these acts are prohibited:
(a)
Failure by a supplier of water to comply with the requirements of Section
41-26-13
, or dissemination by that supplier of any false or misleading information with respect to notices required under Section
41-26-13
, or with respect to remedial actions being undertaken to achieve compliance with Mississippi Primary Drinking Water Regulations;
(b)
Failure by a supplier of water to comply with this chapter or applicable rules or regulations promulgated under this chapter, or with conditions of any variances or exemptions granted under this chapter;
(c)
Failure by any person to comply with any order issued by the director, administrative law judge or hearing officer under this chapter;
(d)
Refusal by a supplier of water to allow an authorized representative of the department to inspect any public water system;
(e)
Contamination of a public water system;
(f)
Intentionally damaging any pipe or other part of a public water system;
(g)
Discharge of sewage or other waste at any location that may come into contact with a public water system intake, unless that discharge is permitted or authorized by a state or federal agency; and
(h)
Abandonment or other termination of water services to more than fifty percent (50%) of the customers of a system by a supplier of water, without providing at least sixty (60) days' notice to all customers served by the public water system and the department.
Laws, 1976, ch. 452, § 8; Laws, 1997, ch. 389, § 14; Laws, 2000, ch. 573, § 2, eff. 5/20/2000.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-19 - Powers of director; hearings under chapter

(1)
(a)
Any hearing under this chapter may be conducted by the director or an administrative law judge or an administrative hearing officer designated by the director. The presiding official may conduct the hearings in the name of the director at any time and place as conditions and circumstances may warrant. The presiding official shall have the record of any hearing prepared which the official has conducted for the director.
(b)
In any pending matters under this chapter, the director shall have the same powers to subpoena witnesses, administer oaths, examine witnesses under oath and conduct the hearing, as is now vested by law in the Mississippi Public Service Commission, for hearings before it. In addition, the director may issue all subpoenas, both at the instance of the petitioner and of the director. At any hearing the director, the staff of the department, any other petitioner or any other interested person, may offer proof, present witnesses and submit evidence. At the discretion of the presiding official, comments may be taken from members of the public who are subscribers of the public water system. Witnesses who are subpoenaed shall receive the same fees and mileage as in civil actions. In case of contumacy or refusal to obey a notice of hearing or subpoena issued under this section, the circuit court shall have jurisdiction, upon application of the director or the director's representative, to issue an order requiring that person to appear and testify or produce evidence as the case may require and any failure to obey that order of the court may be punished by the court as contempt. Failure to appear at any hearing, without prior authorization to do so from the director or the director's representative, may result in the director finding the alleged violator guilty of the charges complained of by default. An order may be entered, including the assessment of a penalty, which, in the opinion of the director, will best further the purposes of this chapter.
(2)
All hearings shall be recorded either by a court reporter or by tape or mechanical recorders and subject to transcription upon order of the director or any interested person. If the request for transcription originates with an interested person, that person shall pay the cost prior to the production of the transcription.
Laws, 1976, ch. 452, § 10; Laws, 1997, ch. 389, § 16, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › IN GENERAL (§§ 41-26-1 — 41-26-31) › Section 41-26-25 - Creation of Public Water System Assistance Fund

(1)
(a)
There is created in the State Treasury a fund to be designated as the "Public Water System Assistance Fund." The fund shall contain two (2) accounts, designated as the "Public Water System Technical Assistance Account" and the "Public Water Systems Bond Operations Account."
(b)
Monies in the Public Water System Technical Assistance Account shall be used to pay the reasonable direct and indirect costs of providing technical assistance to public water systems under the program established in Section
41-26-5
. Monies in the Public Water Systems Bond Operations Account shall be used as ordered by the court under Section
41-26-31
.
(2)
Expenditures may be made from the fund upon requisition by the director.
(3)
The fund shall be treated as a special trust fund. Interest earned on the principal shall be credited by the Treasurer to the fund.
(4)
The fund may receive monies from any available public or private source, including, but not limited to, collection of fines, penalties or fees, proceeds from bond or other financial security forfeitures, interest, grants, taxes, public and private donations, petroleum violation escrow funds or refunds, and appropriated funds.
Laws, 1997, ch. 389, § 5, eff. 7/1/1997.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 26 - MISSISSIPPI SAFE DRINKING WATER ACT OF 1997 (§§ 41-26-1 — 41-26-103) › COMMUNITY PUBLIC WATER SYSTEM (§§ 41-26-101 — 41-26-103) › Section 41-26-103 - [Repealed]

Repealed by Laws 2002, ch. 383, § 1, eff. 7/1/2003.
Laws, 1999, ch. 472, § 1; Laws, 2002, ch. 383, § 1, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-3 - Director of State Board of Health to be member

The state health officer shall be a member ex-officio of each county mosquito control commission and shall co-operate with them for the effective carrying out of their plans and work. The said state health officer shall serve without compensation, except that the necessary expenses actually incurred by him in the attendance of meetings of said commissions shall be allowed and paid.
Codes, 1930, § 4943; 1942, § 7098; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-5 - Duties of State Board of Health

The State Board of Health, or its representative, shall, upon request of a county mosquito control commission, furnish the said commission with such surveys, maps, information, and advice as may be available for the prosecution of the work, or, as in its opinion, will be of advantage in connection therewith. The expenses of surveys shall be paid, in whole or in part, by the said commission.
Codes, 1930, § 4943; 1942, § 7098; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-7 - Outside aid may be accepted

The county board of supervisors and the county mosquito control commission, may with the approval of the state health officer receive and accept any aid whatsoever from any source calculated to further the success of a plan or plans based on this article.
Codes, 1930, § 4945; 1942, § 7100; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-9 - Powers of commission

Every such county mosquito control commission shall have the power to eliminate all breeding and producing places of mosquitoes within the county where it is appointed, and to do and perform all acts and to carry out all plans which in its opinion and judgment may be necessary or proper for the survey and elimination of breeding and producing places of mosquitoes or which will tend to exterminate mosquitoes within said county.
In addition to its primary responsibility for mosquito control, each commission shall also have the power and authority within its discretion and capability to provide services to any member county or any municipality within a member county on a one (1) time or continuing basis for the control and elimination of other pests of a public health or annoyance nature on any public property belonging to such county or municipality; provided, however, that the board of supervisors of a county or a governing body of a municipality located in a member county may request such services for specified private property by adoption of an order spread upon the minutes of such board or governing body stating that such services are necessary in the interest of public health and setting forth the facts upon which such finding is based. The actual cost of such services shall be paid in full by the county or municipality requesting same. All claims arising hereunder shall be billed directly to the requesting county or municipality and shall be processed by such county or municipality under normal claims procedure.
Codes, 1930, § 4946; 1942, § 7101; Laws, 1928, ch. 190; Laws, 1975, ch. 417, eff. 3/26/1975.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-11 - Plans and estimates of cost to be filed annually

Each county mosquito control commission shall, on or before the first day of November in each and every year, file with the state health officer a detailed estimate of the moneys required for the ensuing year, and a plan of the work to be done and the methods to be employed. The said state health officer shall have the power to approve, modify, or alter the said estimates, plans and methods. The estimate, plan and method finally approved by him shall be forwarded to the county board of supervisors in each county on or before the first day of December following its receipt.
Codes, 1930, § 4947; 1942, § 7102; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-13 - Source of funds

The county board of supervisors of each county, or other body having control of the finances thereof, may include the amount of money, approved by the County Mosquito Control Commission and the State Health Officer, annually in the general fund levy.
Codes, 1930, § 4948; 1942, § 7103; Laws, 1928, ch. 190; Laws, 1964, 1st Ex. Sess. ch. 16; Laws, 1985, ch. 536, § 9; Laws, 1986, ch. 400, § 24, eff. 10/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-15 - How funds are to be expended

The moneys so raised, or so much thereof as may be required, may be paid from time to time for the operations, work, materials and labor of the county mosquito control commission, duly signed and approved by the president and secretary thereof by order of the board of supervisors.
Codes, 1930, § 4949; 1942, § 7104; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-17 - Annual report to be filed

It shall be the duty of each county mosquito control commission annually, on or before the 20th day of January in each year, to submit to the state health officer and the county board of supervisors in its respective county, a report setting forth the amount of moneys expended during the previous year, the methods employed, the work accomplished, and any other information which, in the judgment of the board of supervisors, may seem pertinent.
Codes, 1930, § 4950; 1942, § 7105; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-19 - Two counties may act jointly

Two or more counties may combine for the purpose of carrying out the provisions of this article in the respective counties, each county retaining all rights set forth in this article. The commissioners in the counties combined may enter into agreement to employ for purposes of economy, the same director and other personnel for the work of the commission in the counties so combined, all expenses, including salaries, labor, material, and the like being paid by the county in which the work is performed.
Codes, 1930, § 4944; 1942, § 7099; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-21 - Fiscal management where two or more counties act jointly

When two or more counties act jointly under the mosquito control provisions of this article, especially under the provisions of Section
41-27-19
, the fiscal control thereof, including the apportionment of funds and the payment of expenses in connection with such work, shall be made as provided in Sections
41-27-23
through
41-27-31
.
Codes, 1942, § 7099-01; Laws, 1964, 1st Ex. Sess. ch. 15, § 1, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-23 - Boards of supervisors to indicate amount of funds to be applied to control work; notice to other counties; withdrawal by dissatisfied county

The board of supervisors of each county so combined in such joint agreement shall, at the time of making and approving the budget of such county for the ensuing year, clearly state the amount of funds to be applied to mosquito control work under the authority of such joint agreement. It shall be the duty of the clerk of each board of supervisors, upon the fixing and approving of such budget, to notify by letter addressed to the presidents of the boards of supervisors of each other county included in such joint activity the amount provided for such mosquito control work in said budget. In event any county included in such joint activity by its board of supervisors should be dissatisfied with the amount of funds allocated by any other county within such group for the aforesaid purpose, such county shall have the right, by order spread upon its minutes and a copy thereof mailed to the president of the board of supervisors of each other county in such joint agreement, of the withdrawal of such dissatisfied county from said agreement and, insofar as such dissatisfied county shall be concerned, the said agreement shall be terminated.
Codes, 1942, § 7099-02; Laws, 1964, 1st Ex. Sess. ch. 15, § 2, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-25 - Approval and allowance for payment of expenses and claims; forwarding of copies of minute entries of approved claims

On or before the first day of each month following such agreement, and as long as the agreement remains in effect, the county mosquito control commission for each of the counties in such joint agreement shall meet and approve and allow for payment of all expenses, including salaries, labor, material, and the like to be paid by the county in which the work for such claims was done or performed and for which such materials were purchased during the month. The claims so approved for payment shall be entered upon the minutes of such county mosquito control commission and a copy thereof, certified by either the president or secretary of such county mosquito control commission, shall be mailed to the clerk of the board of supervisors of the county for which such county mosquito control commission was appointed, and a copy thereof mailed to the president of the board of supervisors and the president of the county mosquito control commission appointed and acting for the other counties in said agreement.
Codes, 1942, § 7099-03; Laws, 1964, 1st Ex. Sess. ch. 15, § 3, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-27 - Submission of list of claims to boards of supervisors; issuance of county warrants

Upon receipt of a certified copy of such approved list of claims and expenses, and at the time when other claims are considered by the several boards of supervisors of the counties in such agreement, the clerks of such boards of supervisors shall submit such list of approved claims to such boards of supervisors for their approval, and a county warrant shall be ordered issued, payable to the president and secretary of the joint, or combined, mosquito control commission of such counties.
Codes, 1942, § 7099-04; Laws, 1964, 1st Ex. Sess. ch. 15, § 4, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-29 - Duties of county mosquito control commissions and joint mosquito control commission

Each county mosquito control commission and the joint mosquito control commission shall be subject to and perform the following:
(a)
Upon receipt of the county warrant from each of the cooperating counties, the president and secretary of the joint commission shall cause said warrant to be deposited into the credit of an appropriate fund to be established by said joint commission in a bank which shall be one of the banks then or theretofore designated as a county depository by the board of supervisors of the county in which such bank is located and be disbursed by check or pay warrant over the signatures of the president and secretary for such purposes and only for such purposes as have been approved and allowed as provided in Section
41-27-25
. The president and secretary of the joint commission shall be liable on their official bonds for the disbursement of funds as herein provided.
(b)
All purchases and expenditures shall be made in accordance with the laws applicable to county purchases and expenditures.
(c)
The president and secretary issuing checks or pay warrants shall withhold from wages and salaries paid to each employee each month the required federal income tax, social security tax, and state retirement contribution in accordance with the requirements of the county in which the respective employees reside.
(d)
At the end of each month the commission making disbursements shall report and remit the respective amounts so withheld to the chancery clerk of the county in which each employee resides, for incorporation by said clerk in the reports required to be made by said clerk, as county auditor for said county. Said report shall be made in such form as required by the chancery clerk in each county.
(e)
The books and all records of each county commission and the joint commission shall be made available and subject to such audits as the respective county auditors of the cooperating counties and the state auditor may deem proper and necessary.
Codes, 1942, § 7099-05; Laws, 1964, 1st Ex. Sess. ch. 15, § 5, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-31 - Elimination of county in default from membership of joint mosquito control commission

In event a county being a member of such joint mosquito control commission shall fail or refuse, within a reasonable time, to issue and deliver to the president of such joint mosquito control commission a valid warrant in payment of its proportionate part of such expenses, the other county or counties being members of such joint mosquito control commission shall have the right, upon written notice to the president of the board of supervisors so in default, to eliminate such default county from membership in such joint mosquito control commission.
Codes, 1942, § 7099-06; Laws, 1964, 1st Ex. Sess. ch. 15, § 6, eff. 7/14/1964.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 1 - COUNTY MOSQUITO CONTROL COMMISSIONS (§§ 41-27-1 — 41-27-33) › Section 41-27-33 - Existing laws not affected

Nothing in this article shall be construed to alter, amend, modify, or repeal any statute conferring upon state or local boards of health any powers or duties in connection with the extermination of mosquitoes in this state, but this article shall be construed to be supplementary thereto.
Codes, 1930, § 4951; 1942, § 7106; Laws, 1928, ch. 190.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 3 - RICE FIELD MOSQUITO CONTROL LAW (§§ 41-27-101 — 41-27-133) › Section 41-27-101 - Declaration of purpose

This article is passed with the knowledge and in recognition of the fact that the cultivation of rice systematically breeds a mosquito known as the "rice field mosquito," and that in areas where rice is produced within the State of Mississippi, such mosquitoes have become a nuisance affecting the health and welfare of residents in and around such areas, and this article is designed to provide a method of control and extermination of such mosquitos in rice producing areas.
Codes, 1942, § 7106-01; Laws, 1954, ch. 288, § 1.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 3 - RICE FIELD MOSQUITO CONTROL LAW (§§ 41-27-101 — 41-27-133) › Section 41-27-103 - County mosquito control commission created

When, in any county of this state other than a county bordering on the Mississippi Sound or Gulf of Mexico, a petition, signed by fifty (50) or more qualified electors of such county, shall be presented to the board of supervisors of such county, requesting that a county mosquito control commission for such county be created, the board of supervisors may, within sixty (60) days from the date of the filing of the petition with the clerk of the board, create a county mosquito control commission, and the order creating said county mosquito control commission shall be entered on the minutes of the board of supervisors. The said order shall name three (3) commissioners, one (1) of whom shall be designated as temporary chairman, and shall set a time, date, and place for a meeting to organize said commission. The date of said organizational meeting shall be within sixty (60) days from the date of said order.
Codes, 1942, §§ 7106-02, 7106-18; Laws, 1954, ch. 288, §§ 2, 18.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 27 - MOSQUITO CONTROL (§§ 41-27-1 — 41-27-133) › Article 3 - RICE FIELD MOSQUITO CONTROL LAW (§§ 41-27-101 — 41-27-133) › Section 41-27-105 - Members; vacancy

There shall be three (3) members of the county mosquito control commission composed of the county agricultural extension agent, the county health officer and a rice producer. The county agricultural extension agent and the county health officer shall serve as permanent members by virtue of their office. The rice producer shall be appointed for a term of three (3) years. The board of supervisors shall have power to fill the vacancy caused by resignation or otherwise of the rice producer.
Codes, 1942, § 7106-03; Laws, 1954, ch. 288, § 3.