MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Judiciary B

By: Representatives Hobgood-Wilkes, Arnold, Boyd (19th), Boyd (37th), Crawford, Currie, Felsher, Ford (54th), Ford (73rd), Grady, Hale, Hurst, Mansell, Mattox, McLean, McMillan, Morgan, Pigott, Sanford, Tubb, Varner, Waldo, Owen

House Bill 1472

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A VIOLATION RELATING TO THE RELOCATION, REMOVAL, DISTURBING, ALTERING, RENAMING OR REDEDICATING OF A HISTORICAL MONUMENT BY A COUNTY OR MUNICIPALITY IS PUNISHABLE BY A FINE OF $10,000.00 PER MONTH ON SUCH COUNTY OR MUNICIPALITY UNTIL THE VIOLATION IS FULLY CORRECTED; TO PROVIDE THAT MONIES COLLECTED FROM SUCH FINES SHALL BE DISTRIBUTED TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY; TO PROVIDE THAT ANY INDIVIDUAL OR GROUP OF INDIVIDUALS THAT DISTURBS, ALTERS, OR CAUSES ANY DAMAGE TO ANY STATUE, MONUMENT, MEMORIAL OR NAMEPLATE AS PROVIDED IN THIS SECTION IS GUILTY OF MALICIOUS MISCHIEF AND SHALL BE RESPONSIBLE FOR ALL COSTS TO REPAIR AND RESTORE SUCH DAMAGED PROPERTY; 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 War, or any other military conflict, as well as any Native American, Civil Rights Movement, firefighters, first responders, or law enforcement'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, as well as any historical nonmilitary figure, historical nonmilitary event, or historical organization or historical group of civic-minded people.

     (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.  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.

     (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. In the event that any of these items are endangered or effected by the Mississippi Transportation Commission, or its equivalent, and its need to perform construction, maintenance or operation of public transportation facilities, the State of Mississippi shall arrange for the relocation of effected items or structures to a place of equal prominence and accept all related costs and liability.

     (4)  Any violation of this section by a county or municipality is punishable by a fine in the amount of Ten Thousand Dollars ($10,000.00) per month on such county or municipality until the violation is fully corrected.  Monies collected from such fines shall be distributed to the Mississippi Department of Archives and History.

     (5)  Any individual or group of individuals that disturbs, alters, or causes any damage to any statue, monument, memorial or nameplate (plaque) as provided in this section is guilty of malicious mischief under Section 97-17-67.

     Additionally, any individual or group of individuals found guilty of damaging any statue, monument, memorial, or nameplate (plaque) as provided in this section shall be responsible for all costs to repair and restore such damaged property.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.