House Bill 852

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO ESTABLISH PENALTIES FOR PERSONS OR MEMBERS OF GOVERNING BODIES WHO VIOLATE THE LAW PROHIBITING THE ALTERATION OF HISTORICAL MONUMENTS AND MEMORIALS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 55-15-81, Mississippi Code of 1972, is amended as follows:

55-15-81. (1) None of the following items, structures or areas may be relocated, removed, disturbed, altered, renamed or rededicated: any Revolutionary War, War of 1812, Mexican-American War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, War in Iraq or Native American War's statues, monuments, memorials or nameplates (plaques), which have been erected on public property of the state or any of its political subdivisions, such as local, municipal or county owned public areas, and any statues, monuments, memorials, nameplates (plaques), schools, streets, bridges, buildings, parks preserves, reserves or other public items, structure or areas of the state or any of its political subdivisions, such as, local, municipal or county owned public areas, which has been dedicated in memory of, or named for, any historical military figure, historical military event, military organization or military unit.

(2) (a) No person may prevent the public body responsible for maintaining any of the items, structures or areas described * * *~~above~~ in subsection (1) from taking proper measures and exercising proper means for the protection, preservation, care, repair or restoration of those items, structures or areas. The governing body may move the memorial to a more suitable location if it is determined that the location is more appropriate to displaying the monument.

(b) Any member of a governing body who votes for or otherwise causes an action that is a violation of subsection (1) of this section is personally liable and shall be punished in accordance with subsection (4) of this section if such action is actually realized. A member of a governing body may not be punished for voting for an action to move a memorial to a more suitable location as provided for in subsection (2)(a) of this section.

(3) This section shall not apply to items, structures or areas located on property owned or acquired by the Mississippi Transportation Commission which may interfere with the construction, maintenance or operation of public transportation facilities.

(4) Any person who violates this section shall be punished by a fine of Ten Thousand Dollars ($10,000.00) and imprisonment for six (6) months in jail. In addition, the person shall pay all related restoration or relocation costs incurred as a result of the violation.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.