House Bill 968

AN ACT TO DESIGNATE THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY AS THE RECEIVING ENTITY FOR STATE FUNDS ALLOCATED THROUGH LEGISLATIVE APPROPRIATION OR THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR PURPOSES OF MAINTAINING, RESTORING OR RENOVATING CERTAIN HISTORIC PROPERTIES; TO PROVIDE THAT THE ALLOCATION OF FUNDS FOR SUCH PROJECTS SHALL BE MADE TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY FOR THE BENEFIT OF CERTAIN COUNTIES, MUNICIPALITIES, POLITICAL SUBDIVISIONS OF THE STATE OR APPROVED NOT-FOR-PROFIT ORGANIZATIONS; TO REQUIRE ANY FUNDS ALLOCATED TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY FOR THE PURPOSES OF THIS ACT TO BE DEPOSITED INTO THE HISTORIC PROPERTIES TRUST FUND; TO EXEMPT CERTAIN ENTITIES FROM THE APPLICATION OF THE PROVISIONS OF THIS ACT; TO AMEND SECTION 39-5-23, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT TO ESTABLISH GUIDELINES TO GOVERN THE SELECTION OF CONTRACTORS HIRED TO PERFORM THE MAINTENANCE, RESTORATION OR RENOVATION OF HISTORIC PROPERTIES IN ITS ADMINISTRATION OF THE HISTORIC PROPERTIES TRUST FUND; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) Whenever state funds are allocated through legislative appropriation or the issuance of general obligation bonds for purposes of maintaining, restoring or renovating any property within the state categorized as a historic landmark which is listed on the National Register of Historic Places or designated a Mississippi Landmark and registered as such with the Mississippi Department of Archives and History, and subject to the antiquities laws of this state, the Legislature shall designate the Mississippi Department Archives and History as the receiving entity to which such monetary allocations are made.

(2) (a) In making any allocation of funds to the department for the purpose of providing or assisting any county, municipality, political subdivision of the state or an approved not-for-profit organization (501(c)(3) organization), the Legislature shall specify the purpose and intent, and for whose benefit the monies are allocated.

(b) Any monies appropriated by the Legislature or any proceeds generated from the issuance of general obligation bonds for purposes of administering the provisions of subsection (1) of this section shall be allocated directly to the Mississippi Department of Archives and History, for deposit into the Historic Properties Trust Fund, established under Section 39-5-23. Funds made by the Legislature shall be used by the department for the specific projects and purposes for which the funds were authorized.

(3) The provisions of this section shall not apply to any state institution of higher learning, agency, department, board or commission.

SECTION 2. Section 39-5-23, Mississippi Code of 1972, is amended as follows:

39-5-23. (1) The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money from individuals, organizations and federal, state and local governmental bodies, to be deposited in the Historic Properties Trust Fund which is hereby created in the State Treasury. Contributions to the Historic Properties Trust Fund may be undesignated or earmarked for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or for use on specific historical projects that have been authorized by the Department of Archives and History. The Mississippi Department of Archives and History may deposit federal funds received under Section 2 of Laws, 2000, Chapter 487, as amended by House Bill No. 1597, 2003 Regular Session, into the Historic Properties Trust Fund and may use such funds for the purposes provided in subsection (2) of Section 2 of Laws, 2000, Chapter 487, as amended by House Bill No. 1597, 2003 Regular Session. The State Treasurer shall invest all monies in the Historic Properties Trust Fund as other state funds are authorized to be invested, and any interest earned shall be deposited into the fund.

(2) The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money and real and personal property. The Board of Trustees of the Department of Archives and History may, in its discretion, sell such real and personal property by public or private sale and shall deposit proceeds derived from such sale into the Historic Properties Trust Fund.

(3) (a) The Board of Trustees of the Mississippi Department of Archives and History is authorized to establish the Mississippi Landmark Grant Program within the Historic Properties Trust Fund to help ensure the preservation of Mississippi Landmark properties.

(b) The Board of Trustees of the Mississippi Department of Archives and History may deposit funds appropriated by the Legislature, or funds transferred from the Historic Properties Financing Fund as specified in Section 89-12-37(2), into the account established for the Mississippi Landmark Grant Program within the Historic Properties Trust Fund. That portion of the proceeds of bonds issued under Sections 1 through 16 of Laws, 2002, Chapter 543, shall be deposited, in the manner provided in Sections 1 through 16 of Laws, 2002, Chapter 543, into the account established for the Mississippi Landmark Grant Program within the Historic Properties Trust Fund. All funds deposited in the account for the Mississippi Landmark Grant Program shall be used exclusively for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or those properties to be designated as Mississippi Landmarks.

(c) The board of supervisors of every county and the governing authorities of every municipality in the state may make contributions to the Mississippi Department of Archives and History, to be deposited into the account for the Mississippi Landmark Grant Program. Such contributions may be undesignated or earmarked for use on specific Mississippi Landmark properties.

(d) The Board of Trustees of the Mississippi Department of Archives and History may establish the preliminary guidelines which shall govern the selection of contractors hired to perform the maintenance, restoration or renovation of historic properties. The guidelines shall establish, at a minimum:

(i) That the benefactor of such property be a county, municipality, political subdivision of the state or an approved not-for-profit organization (501(c)(3) organization);

(ii) That the contractor possess substantial knowledge and experience in historical restoration, preservation and renovation;

(iii) That the contractor is properly licensed and bonded;

(iv) That the contractor, if not incorporated or domiciled in the State of Mississippi, is registered with the Secretary of State to conduct business lawfully in the state; and

(v) That the contractor has adequate contractor's insurance.

( * * *de) The Board of Trustees of the Mississippi Department of Archives and History shall have all powers necessary to implement and administer the Mississippi Landmark Grant Program, and the board of trustees shall promulgate all rules and regulations necessary for the implementation and administration of the program.

SECTION 3. This act shall take effect and be in force from and after July 1, 2013.