House Bill 835

AN ACT TO AMEND SECTION 39-5-91, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE MISSISSIPPI CIVIL WAR BATTLEFIELD COMMISSION TO THE MISSISSIPPI CIVIL WAR SITES COMMISSION; TO PROVIDE THAT MEMBERS OF THE COMMISSION SHALL BE REIMBURSED FOR THEIR ACTUAL AND NECESSARY TRAVELING EXPENSES INCURRED IN ATTENDING THE QUARTERLY MEETINGS OF THE COMMISSION; TO PROVIDE THAT THE DEPARTMENT OF ARCHIVES AND HISTORY SHALL BE THE FISCAL AGENT FOR THE COMMISSION REGARDING REQUISITIONS TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION; TO PROVIDE THAT THE COMMISSION SHALL DESIGN AND ERECT CIVIL WAR SITES HISTORICAL MARKERS AT VARIOUS CIVIL WAR SITES THROUGHOUT THE STATE; TO PRESCRIBE THE POWERS AND DUTIES OF THE COMMISSION REGARDING CIVIL WAR SITES HISTORICAL MARKERS; TO PROVIDE THAT THE COMMISSION MAY SOLICIT AND RECEIVE FROM ANY SOURCE MONEY, MATERIALS AND PROPERTY OF ANY KIND; TO PROVIDE THAT ALL FUNDS RECEIVED BY THE COMMISSION SHALL BE DEPOSITED INTO A SPECIAL FUND THAT IS CREATED IN THE STATE TREASURY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 39-5-91, Mississippi Code of 1972, is amended as follows:

39-5-91. (1) There is * * * created a Mississippi Civil War Sites Commission consisting of the following fifteen (15) members:

(a) Nine (9) members appointed by the Governor with three (3) serving for an initial term concluding on March 1, 1998, three (3) serving for an initial term concluding on March 1, 2000, and three (3) serving for an initial term concluding on March 1, 2002;

(b) One (1) member appointed by the Lieutenant Governor for an initial term concluding on March 1, 2002;

(c) One (1) member appointed by the Speaker of the Mississippi House of Representatives for an initial term concluding on March 1, 2002;

(d) One (1) member appointed by the Jackson Civil War Roundtable for an initial term concluding on March 1, 2002; and

(e) Three (3) members appointed by the Board of Trustees of the Department of Archives and History for an initial term concluding on March 1, 2002.

After the initial terms, all terms shall be for six (6) years. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be made by the respective appointing authority for the unexpired term only.

(2) The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman is excused.

(3) The commission shall adopt rules and regulations governing times and places for meetings. A majority of members of the commission shall constitute a quorum for the transaction of any business. The commission shall meet at least quarterly. The commission may form subcommittees to address specific issues concerning preservation and enhancement of Civil War sites and structures. The commission may adopt other procedures necessary to ensure the orderly transaction of business.

(4) The members of the commission shall receive no compensation for their services. However, the members of the commission shall be reimbursed for their actual and necessary traveling expenses incurred in attending the quarterly meetings of the commission, in accordance with the provisions of Section 25-3-41.

(5) Principal staff support for the commission shall be provided by the Department of Archives and History. Other agencies shall assist when requested by the commission. The Department of Archives and History shall be the fiscal agent for the commission in processing and submitting requisitions on behalf of the commission for the issuance of warrants by the Department of Finance and Administration, and shall use information provided by the commission to prepare the requisitions.

(6) The commission shall have the following duties:

(a) Identify and prioritize for protecting Mississippi's Civil War sites and structures;

(b) Identify, analyze and enhance preservation opportunities for Mississippi's Civil War sites and structures;

(c) Review existing local, state and federal plans, programs and policies related to Mississippi's Civil War sites and structures;

(d) Develop relationships with federal and local officials and private conservation organizations that facilitate protection and enhancement of Civil War sites and structures;

(e) Coordinate Mississippi's participation with the federal government and private foundations to secure support and financial resources for the protection and enhancement of Civil War sites and structures;

(f) Advise state agencies on matters relating to Civil War sites and structures; and

(g) Perform any other such duties or actions in an effort to advance Civil War history in Mississippi.

(7) In addition to the duties specified under subsection (6) of this section, the commission shall design and erect Civil War sites historical markers at various Civil War sites throughout the state. The commission may require matching funds from local communities in order to locate Civil War sites historical markers in the communities. The duties of the commission regarding Civil War sites historical markers shall be as follows:

(a) Designing the Civil War sites historical markers, which shall be in a style to be determined by the commission and distinctive from the state historical markers used by the Department of Archives and History;

(b) Identifying sites in the state that are eligible for Civil War sites historical markers;

(d) Reviewing existing state historical markers related to the Civil War and making recommendations to the Department of Archives and History on those needing replacement and/or repair;

(e) Preparing appropriate content and drafting appropriate text for Civil War sites historical markers, and working with staff of the Department of Archives and History to edit, order and erect the markers, in cooperation with the Mississippi Department of Transportation district offices; and

(f) Planning and participating in, in cooperation with state and local officials and other interested organizations, appropriate dedication ceremonies for Civil War sites historical markers and other events related to Civil War history, including the Civil War Sesquicentennial.

(8) The commission may solicit and receive from any source, whether federal, state, public or private, grants, donations, contributions, gifts, devises and bequests of money, materials and property of any kind.

(9) All funds received by the commission shall be deposited into a special fund that is created in the State Treasury, to be known as the Mississippi Civil War Sites Commission Fund. Monies in the special fund shall be expended only for the purposes authorized for the commission, upon appropriation by the Legislature. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the special fund shall be deposited to the credit of the special fund.

(10) The commission shall submit to the Governor an annual report by December 1 of each year which shall include recommendations for any legislative, administrative or other changes the commission deems necessary to further Civil War history in Mississippi.

(11) State agencies shall consider the impact of their actions on Civil War sites and structures as identified by the commission whenever permitting, planning, funding or undertaking any construction projects.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.