MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Tourism

By: Representative Moss

House Bill 441

AN ACT TO CREATE THE MISSISSIPPI CIVIL WAR HISTORY TRAIL COMMISSION; TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION; TO REQUIRE THE COMMISSION TO ESTABLISH THE STATEWIDE MISSISSIPPI CIVIL WAR HISTORY TRAIL PROGRAM AND HISTORICAL MARKER INFRASTRUCTURE; TO REQUIRE THE DIVISION OF TOURISM DEVELOPMENT OF THE MISSISSIPPI DEVELOPMENT AUTHORITY AND THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY TO ASSIST THE COMMISSION; TO SET FORTH THE POWERS AND DUTIES OF THE COMMISSION; TO CREATE THE MISSISSIPPI CIVIL WAR HISTORY TRAIL SPECIAL FUND; TO AMEND SECTION 57-1-59, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The Legislature finds that an integral component of the tourism industry in the state consists of programs and projects promoting the history of the state and demonstrating the state's attractiveness as a tourism destination for those reasons.  The Legislature recognizes that a significant aspect of Mississippi's history is the state's involvement in the American Civil War.  The State of Mississippi witnessed critically important American Civil War military engagements on its soil, including the Siege of Vicksburg, the Battle of Champion Hill and the Battle of Corinth, and hosts historic sites related to these strategic engagements which are nationally recognized centers of expertise in the study of the American Civil War.  Historical records indicate that citizens of the State of Mississippi, including those of both European and African descent, participated in numerous infantry, cavalry and artillery regiments that were active in the state.  Therefore, creating and enhancing opportunities for visitors to Mississippi to learn about and appreciate the state's history in the context of the American Civil War is a priority for the state.

     SECTION 2.  (1)  The Mississippi Civil War History Trail Commission is created, to be composed of the following members:

          (a)  The Executive Director of the Division of Tourism Development of the Mississippi Development Authority or his or her designee;

          (b)  The Executive Director of the Mississippi Department of Archives and History or his or her designee;

          (c)  The Chairman of the Board of Trustees of the Mississippi Department of Archives and History;

          (d)  The President/Chair of the Mississippi Historical Society;

          (e)  The Chair of the Mississippi Civil War Battlefield Commission;

          (f)  The Director of the Brice's Crossroads Battlefield Commission;

          (g)  The Director of the Vicksburg National Military Park;

          (h)  The Director of the Battle of Shiloh-Battle of Corinth National Military Park;

          (i)  The Chair of the Jackson Civil War Roundtable;

          (j)  The Director of the Grand Gulf Military Monument;         (k)  A representative of the Mississippi Tourism Association;

          (l)  The National Park Service Administrator of Ship Island/Fort Massachusetts;

          (m)  A citizen of Mississippi appointed by the Governor;      (n)  A member of the Mississippi Senate appointed by the Lieutenant Governor, who shall serve in an ex officio nonvoting capacity; and

          (o)  A member of the Mississippi House of Representatives appointed by the Speaker, who shall serve in an ex officio nonvoting capacity.

     (2)  Ex officio members and legislative members of the commission shall serve terms that are concurrent with their elected or appointed terms of office.  Other members shall each serve a term of four (4) years.  Appointments to fill vacancies other than the expiration of a term shall be for the unexpired terms.  Vacancies shall be filled in the same manner as the original appointments, and all members may be reappointed.

     (3)  The commission shall meet on the call of the Governor before September 1, 2011, and it shall elect a chairman and vice chairman from among its membership.  A majority of the members of the commission shall constitute a quorum for the transaction of any business.  The meetings of the commission shall be held at the call of the chairman or whenever a majority of the members so request.  No recommendation of the commission shall be adopted except by majority vote of the commission.

     (4)  Nonlegislative members of the commission shall receive no compensation for their services but may receive expense reimbursement and mileage for all reasonable and necessary expenses incurred in the performance of their duties as provided by law.  Legislative members of the commission shall receive compensation applicable to committee meetings when the Legislature is not in session.

     (5)  Principal staff support for the commission shall be provided by the Division of Tourism Development of the Mississippi Development Authority and the Department of Archives and History.  Other agencies shall assist when requested by the commission.

     SECTION 3.  The commission, with the assistance of the Division of Tourism Development of the Mississippi Development Authority and the Mississippi Department of Archives and History, shall establish a statewide Mississippi Civil War History Trail program and have powers and duties necessary therefor, including but not limited to, the following:

          (a)  To identify the American Civil War sites and structures that are located in Mississippi, with an emphasis on the major military engagements that occurred in this state, and individual Mississippians who participated in the war, and to foster an appreciation of Mississippi's role in the American Civil War, including tourism, academic study, and archives and historical preservation.

          (b)  To develop a marketing plan designed to attract tourists, conferences, music and theatrical performances, filmmakers and others for the purpose of the economic development of all geographic areas of the state through the promotion of Mississippi and its connections to the American Civil War, including an analysis of the tourism and economic impact potential of the statewide Mississippi Civil War History Trail program;

          (c)  To establish a statewide Mississippi Civil War History Trail infrastructure to offer tourists and targeted audiences a structured tour of Mississippi's historical sites and venues associated with the American Civil War.

          (d)  To designate specific sites for the erection of the appropriate Mississippi Civil War History Trail markers for the historical sites and venues.  The commission is authorized to approve the texts for the markers and to purchase appropriate markers from any available funds.  The Mississippi Department of Transportation shall cooperate with the commission by erecting and maintaining the markers that have been approved by the division.

          (e)  To coordinate the Mississippi Civil War History Trail program with the Mississippi Educational Television Authority, the Board of Trustees of State Institutions of Higher Learning, the Mississippi Civil War Battlefield Commission, the Mississippi Sesquicentennial of the American Civil War Commission and similar organizations to share resources and information in order to ensure a comprehensive approach to marketing the history of the American Civil War in Mississippi.

          (f)  To coordinate the Mississippi Civil War History Trail marketing plan with any existing state historic preservation program, in order to identify and preserve civil rights historic properties, and determine the eligibility of those properties for listing on the National Register of Historic Places, and prepare nominations of those sites.

     SECTION 4.  (1)  A special fund to be designated as the "Mississippi Civil War History Trail Fund" is created within the State Treasury.  The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state.  Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the fund.  Monies in the fund may not be used or expended for any purpose except as authorized under this act.

     (2)  Monies deposited into the fund shall be expended by the Division of Tourism Development of the Mississippi Development Authority for the specific purpose of providing financial resources for the Mississippi Civil War History Trail program and infrastructure, and may be used to match federal and/or other funds that may be accessed by the division for the purpose of promoting tourism in the state.  The Division of Tourism Development may accept grants and private donations from any source, including federal, state, public and private entities, to assist it in promoting such programs and projects.

     SECTION 5.  Section 57-1-59, Mississippi Code of 1972, is amended as follows:

     57-1-59.  The Mississippi Development Authority shall have the following general powers and duties with respect to tourism:

          (a)  To promote and advertise the image of Mississippi both within and without the boundaries of this state.    

          (b)  To promote and advertise fairs and similar activities of interest to tourists and the traveling public.

          (c)  To promote and advertise the use of wildlife and natural areas by tourists and the traveling public.

          (d)  To promote and advertise the use of state recreational and park facilities by tourists and the traveling public.

          (e)  To promote and advertise all resources of the State of Mississippi as attractions to tourists and the traveling public.

          (f)  To develop for all agencies of state government the necessary promotional and advertising materials needed to promote all facilities and programs which may be of interest to travelers and tourists.

          (g)  To maintain an educational awareness program for the citizens of the state to constantly encourage increased development of activities of interest to tourists and the traveling public.

          (h)  To develop and maintain an information services system to adequately guide tourists and the traveling public within the boundaries of the state.

          (i)  To develop and maintain an extensive media program to adequately inform the national and international consumer about Mississippi.

          (j)  To enter into contracts and other agreements with local tourism commissions or similar entities for the purpose of developing regional strategies for tourism promotion.  The Mississippi Development Authority, in conjunction with the formulation of regional strategies for tourism promotion, may require that local tourism commissions or similar entities enter into agreements with the authority as a condition for receiving any state grants to promote tourism.

          (k)  To develop programs and projects promoting the state's heritage, history, culture, literature and arts, including the positive recovery of the state after damages caused by natural disasters, and demonstrating the state's attractiveness as a tourism destination for those and other reasons.

          (l)  To develop the Mississippi Civil War History Trail program and infrastructure, and to demonstrate the state's attractiveness as a tourism destination for that reason.

     SECTION 6.  This act shall take effect and be in force from and after July 1, 2011.