House Bill 1069

AN ACT TO AMEND SECTIONS 7-11-3 AND 7-11-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE SECRETARY OF STATE TO TRANSFER LAND RECORDS THAT ARE FRAGILE DUE TO AGE, CONDITION OR MATERIAL TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY FOR MAINTENANCE AND PRESERVATION; TO REQUIRE THE DEPARTMENT TO GRANT ACCESS TO THE ORIGINALS OR COPIES OF THE RECORDS TO THE SECRETARY OF STATE AS NEEDED IN THE PERFORMANCE OF THE SECRETARY'S DUTIES AS STATE LAND COMMISSIONER; TO AMEND SECTION 7-11-17, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 7-11-3, Mississippi Code of 1972, is amended as follows:

7-11-3. The Secretary of State shall have custody of the records of the surveyor general's office turned over to this state by the United States, all field notes, plats and maps of surveys of lands belonging to the old office of swamp land commissioner and all other papers, documents and records which were formerly kept in the land office. All such records now in the possession of any other officer shall be delivered to the Secretary of State. If the Secretary of State determines that due to age, condition or material that the maintenance and preservation of papers, documents and records is not within the capabilities of the Office of Secretary of State, the Secretary of State may transfer the papers, documents and records to the Mississippi Department of Archives and History for preservation. The department shall allow the Secretary of State access to the original or copies of the papers, documents and records so that the Secretary of State may fulfill the responsibilities of State Land Commissioner.

SECTION 2. Section 7-11-13, Mississippi Code of 1972, is amended as follows:

7-11-13. All state land records, all levee land records, and all other land records, except assessment rolls, shall be kept in the office of the Secretary of State and be held by him.

The Secretary of State shall keep a record of all state-owned lands in a separate and well bound book. He or she is authorized and empowered to request of any board, commission, department or other state agency having under its jurisdiction state-owned lands the records herein required to be recorded in his or her office, and it shall be the duty of any state agency to comply with the request of the Secretary of State.

If the Secretary of State determines that due to age, condition or material that the maintenance and preservation of the records is not within the capabilities of the Office of Secretary of State, the Secretary of State may transfer the records to the Mississippi Department of Archives and History for preservation. The department shall allow the Secretary of State access to the original or copies of the records so that the Secretary of State may fulfill the responsibilities of State Land Commissioner.

SECTION 3. Section 7-11-17, Mississippi Code of 1972, is amended as follows:

7-11-17. The land records in the Secretary of State's office and those records being maintained and preserved by the Mississippi Department of Archives and History pursuant to Section 7-11-3 or 7-11-13 shall be carefully preserved, and valuable records shall be bound and rebound when necessary.

SECTION 4. This act shall take effect and be in force from and after July 1, 2023.