House Bill 1218

AN ACT TO AMEND SECTION 65-7-23, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PERSON WHO WILLFULLY DEFACES, DAMAGES, OR DESTROYS A HISTORICAL OR CULTURAL MARKER OR SIGN, SHALL BE GUILTY OF A FELONY; TO BRING FORWARD SECTION 39-5-25, MISSISSIPPI CODE OF 1972, WHICH RELATES TO STATE HISTORICAL MARKERS, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 65-7-23, Mississippi Code of 1972, is amended as follows:

65-7-23. (1) Any person willfully defacing, removing, marring, damaging or destroying any sign or guide board, including any railroad crossing sign or flasher signal, or other traffic control device erected as provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be liable for the actual cost of replacing or repairing such sign and shall be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500.00), or be imprisoned in the county jail not more than six (6) months, or be punished by both such fine and imprisonment. If the offender is a minor, the parents of such minor shall be civilly liable in accordance with Section 93-13-2 for the actual cost of replacing or repairing the sign, signal or device.

(2) The penalties prescribed in subsection (1) of this section shall also be applicable to any person, and to the parents of any minor, who willfully defaces, mars or damages any bridge, underpass or overpass.

(3) Any person who violates subsection (1) of this section regarding a memorial, other historical or cultural marker or sign, * * *~~the value of which is Five Hundred Dollars ($500.00) or more,~~ shall be guilty of a * * *~~misdemeanor~~ felony, and, upon conviction, shall be imprisoned in the county jail for * * *~~up to six (6) months~~ no less than one (1) year or fined * * * ~~up to~~ not less than One Thousand Dollars ($1,000.00), or both. Such person shall also be ordered to make full restitution.

SECTION 2. Section 39-5-25, Mississippi Code of 1972, is brought forward as follows:

39-5-25. (1) The Mississippi Department of Transportation, in cooperation with the Mississippi Department of Archives and History, may develop a priority plan for the design and construction of motor vehicle parking areas located at official state historical markers on and along the rights-of-way of the highways, roads and streets under the jurisdiction of the Transportation Department. For the purposes of this section an "official state historical marker" means any such marker that is included on the inventory of state historical markers maintained by the Department of Archives and History.

(2) The plan developed by the Transportation Department shall include provisions for road signs on and along the highway, road or street upon which a historical marker is located so as to provide advance notice to motorists approaching from either direction that a historical marker is located ahead. Such road signs shall be designed by the Mississippi Department of Transportation and shall be uniform in color, size and appearance.

(3) The Executive Director of the Department of Transportation and the Executive Director of the Department of Archives and History shall meet annually to review the progress of the implementation of this section and to determine those projects that will be performed under this section during the next fiscal year.

(4) The costs incurred by the Department of Transportation and the Department of Archives and History under the provisions of this section shall be paid out of any funds made available upon legislative appropriation; however, the Department of Transportation shall apply for such federal funds as may be available to help defray the costs of projects performed under this section. The Department of Archives and History shall include in its annual budget requests a request for funds for the systematic maintenance of official state historical markers.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.