House Bill 1275

AN ACT TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY TO CAUSE THE DEPICTION OF THE CONFEDERATE FLAG TO BE REMOVED FROM THE STATE CAPITOL ROTUNDA; TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, WHICH PROHIBITS THE RELOCATION, REMOVAL, DISTURBING, ALTERATION, RENAMING OR REDEDICATION OF CERTAIN HISTORICAL ITEMS, STRUCTURES OR AREAS, TO CONFORM; AND FOR RELATED PURPOSES.

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

SECTION 1. As soon as practicable on or after the effective date of this act, the Mississippi Department of Archives and History shall cause the depiction of the Confederate flag to be removed from the State Capitol rotunda.

SECTION 2. 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, unless specifically authorized or directed by an act of the Legislature: 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 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.

(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.

SECTION 3. This act shall take effect and be in force from and after July 1, 2024.