House Bill 1291

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE RELOCATION, REMOVAL, DISTURBING, ALTERATION, RENAMING OR REDEDICATION OF CERTAIN HISTORICAL ITEMS, STRUCTURES OR AREAS UNLESS SPECIFICALLY AUTHORIZED BY AN ACT OF THE LEGISLATURE AND TO PROVIDE THAT SUCH PROHIBITION SHALL ALSO INCLUDE CERTAIN CIVIL RIGHTS RELATED ITEMS, STRUCTURES OR AREAS; TO DELETE THE PROVISION THAT PROVIDES THAT A governing body responsible for maintaining any such item, structure or area may move it to a more suitable location if it is determined that the location is more appropriate; TO BRING FORWARD SECTION 39-7-33, MISSISSIPPI CODE OF 1972, WHICH RELATES TO CERTAIN PROVISIONS OF THE ANTIQUITIES LAW OF MISSISSIPPI, FOR PURPOSES OF POSSIBLE AMENDMENT; 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, unless specifically authorized by an act of the Legislature: 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, trails, 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, or civil rights figure, event or organization.

(2) No person may prevent the public body responsible for maintaining any of the items, structures or areas described above from taking proper measures and exercising proper means for the protection, preservation, care, repair or restoration of those items, structures or areas. * * *

(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.

SECTION 2. Section 39-7-33, Mississippi Code of 1972, is brought forward as follows:

39-7-33. It shall be unlawful for any person, not being the owner thereof, and without lawful authority, to willfully injure, disfigure, remove or destroy any historical structure, monument, marker, medallion, or artifact.

SECTION 3. This act shall take effect and be in force from and after July 1, 2021.