MISSISSIPPI LEGISLATURE

2021 Regular Session

To: Accountability, Efficiency, Transparency

By: Senator(s) Thompson

Senate Bill 2727

AN ACT TO BRING FORWARD SECTIONS 39-5-1, 39-5-3, 39-5-5 AND 39-5-6, MISSISSIPPI CODE OF 1972, TO BRING FORWARD THE PROVISIONS ESTABLISHING THE DEPARTMENT OF ARCHIVES AND HISTORY AND ITS BOARD OF TRUSTEES, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 39-5-1, Mississippi Code of 1972, is brought forward as follows:

     39-5-1.  There shall be for the State of Mississippi a department of archives and history located in the state capitol in apartments set aside for its use by the governor.  The objects and purposes of the department are the care and custody of official archives, the collecting of materials bearing upon the history of the state and of the territory included therein, from the earliest times, the editing of official records and other historical material, the diffusion of knowledge in reference to the history and resources of this state, the preparation and publication of annual reports, the encouragement of historical work and research and the performance of such other acts and requirements as may be enjoined by law.

     SECTION 2.  Section 39-5-3, Mississippi Code of 1972, is brought forward as follows:

     39-5-3.  The Department of Archives and History shall be under the control of a board of nine trustees.  The board shall have the power and authority to fill all vacancies occurring therein, whether by expiration of term of service or by death or resignation, but the names of all newly elected members shall be communicated to the next ensuing session of the State Senate for confirmation, and in case it shall reject any of the said newly elected trustees it shall proceed forthwith to fill the vacancy or vacancies by an election.  All trustees chosen to succeed the present members or their successors shall serve for a term of six years.  The board of trustees shall hold at the State Capitol at least one regular meeting during the year, and as many special meetings as may be necessary, and at said meetings five members shall constitute a quorum.  The Director of the Department of Archives and History, hereinafter provided, shall be secretary of the board.  The trustees shall receive no compensation for their services other than the amount of their necessary expenses actually paid out while in attendance on the meetings of the board or the business of the department.  The board is empowered to adopt rules for its own government and for the government of the department, to elect and fix the compensation of a director not to exceed the maximum set by the Legislature, and other officials or employees, and to do and perform such other acts and things as may be necessary to carry out the true intent and purposes of this chapter.

     SECTION 3.  Section 39-5-5, Mississippi Code of 1972, is brought forward as follows:

     39-5-5.  The duties and powers of the Board of Trustees of the Department of Archives and History shall include, in addition to other duties and powers granted or prescribed by law, the following:

          (a)  To determine the location of places of historical interest within the state;

          (b)  To make a survey of buildings of all types throughout the state which are in danger of destruction, without proper care, and which in the opinion of the board of trustees should be preserved for historical purposes;

          (c)  To contact the proper authorities of the United States national cemeteries and military parks to determine whether or not the record of Mississippi troops is adequately commemorated;

          (d)  To acquire, preserve, restore or operate any real or personal property deemed significant for historical, architectural, archaeological or cultural reasons, to expend funds for such purposes, to enter into contracts or agreements with any agency of the United States or any person, firm, corporation or association for such purposes and to do any and all things which may be necessary or desirable to carry out such purposes;

          (e)  To participate with any agency of the United States, any other governmental agency or any person, firm, corporation, association or group in mutual or cooperative programs or projects within the duties and powers of the board of trustees;

          (f)  To accept grants or donations of money or property, real or personal, from any agency of the United States, any other governmental agency or any person, firm, corporation, association or group.  However, the board of trustees shall not be required, except by specific act of the Legislature, to accept any property without its consent; and

          (g)  To provide suitable markers with adequate descriptions of the historical sites to which they refer, for places of historical interest and to provide suitable markers on the highways and roads of this state showing the direction and distance to the historical sites.

     SECTION 4.  Section 39-5-6, Mississippi Code of 1972, is brought forward as follows:

     39-5-6.  The duties and powers of the Board of Trustees of the Department of Archives and History shall include, in addition to other duties and powers granted or prescribed by law, the following:

          (a)  To promulgate rules and regulations governing the use of the historic portion of the Governor's Mansion;

          (b)  To promulgate rules and regulations governing the acquisition of furniture and furnishings, including, but not limited to, carpets, rugs, paintings, draperies and objects of art, for the original or historic portion of the Governor's Mansion;

          (c)  To employ a curator of the mansion who shall have the following duties:

              (i)  To maintain a descriptive inventory of and be responsible for the care and custody of all furniture and furnishings in the Governor's Mansion that have been catalogued by the Department of Archives and History, including flat silver and silver hollowware.  However, the Department of Finance and Administration shall maintain a descriptive inventory of and be responsible for the care and custody of all publicly owned furniture and furnishings in the Governor's Mansion that have not been catalogued by the Department of Archives and History, including flat silver and silver hollowware; and

              (ii)  To conduct an educational training program for staff and volunteer guides who may conduct tours of the mansion when it is open to the public at specified times agreed upon by the Governor;

          (d)  To promote the donation or loaning of money or property, real or personal, from any agency of the United States, state or local government, any person, firm, corporation, association or group, for the purpose of furnishing or decorating the original or historic portion of the Governor's Mansion;

          (e)  To accept such donations of money or property, real or personal, from any agency of the United States, state or local government, any person, firm, corporation, association or group, for the purpose of furnishing or decorating the original or historic portion of the Governor's Mansion, provided that the board of trustees shall not be required to accept any donation of furniture or furnishings without its consent;

          (f)  To sell, donate or otherwise dispose of unused surplus property of the Governor's Mansion, excluding any property located in the mansion which belongs to the Governor's office, and to deposit the proceeds of such sales in the Governor's Mansion Fund of the Board of Trustees of the Department of Archives and History for use, in the board's discretion, in acquiring furniture or furnishings, including, but not limited to, carpets, rugs, paintings, draperies and objects of art, for the original or historic portion of the Governor's Mansion; and

          (g)  To review and approve any major changes in the architecture, furniture, furnishings, decoration or landscaping of the grounds of the Governor's Mansion.

     SECTION 5.  This act shall take effect and be in force from and after July 1, 2021.