MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Rules
By: Senator(s) Blackmon
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 ESTABLISH A COMMISSION TO RECOMMEND A SUITABLE IMAGE TO REPLACE THE DEPICTION OF THE CONFEDERATE FLAG IN THE CAPITOL ROTUNDA; TO PRESCRIBE THE MEMBERSHIP OF THE COMMISSION AND TO PROVIDE FOR ITS ORGANIZATION AND MEETINGS; TO LIST THE COMMISSION'S PREROGATIVES AND DUTIES; TO REQUIRE THE COMMISSION TO SUBMIT ITS WRITTEN RECOMMENDATION TO THE GOVERNOR AND THE LEGISLATURE NO LATER THAN SEPTEMBER 30, 2024; TO PROVIDE FOR THE DISSOLUTION OF THE COMMISSION UPON THE SUBMISSION OF ITS WRITTEN RECOMMENDATION; 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. (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.
(2) There is established a commission to recommend a suitable image to replace the depiction of the Confederate flag in the Capitol rotunda. The commission shall consist of the following members:
(a) The Director of the Department of Archives and History, who shall serve as chair of the commission;
(b) Two (2) appointees of the Governor, to include:
(i) A representative from the Mississippi Economic Council; and
(ii) A representative from the Mississippi Arts Commission;
(c) Two (2) Senators, one (1) from each political party, to be appointed by the Lieutenant Governor; and
(d) Two (2) Representatives, one (1) from each political party, to be appointed by the Speaker of the House.
(3) All appointments to the commission shall be made no later than June 30, 2024. As soon as practicable after all appointments have been made, or as soon as practicable on or after July 1, 2024, whichever is earlier, the commission shall meet upon the call of the chair to organize and conduct business. A majority of the commission shall constitute a quorum, and a majority vote of the members present and voting shall be required for any action by the commission. The Department of Archives and History shall provide meeting space and clerical support for the operation of the commission.
(4) The commission may:
(a) Hold regular public meetings when and where it sees fit;
(b) Receive written public comments in a manner and under the terms and conditions as it sees fit;
(c) Collect, examine and consider all information that it determines may be helpful in making its recommendation;
(d) Consult with experts, representatives of organizations and associations, and others, as it sees fit, whose knowledge or expertise may assist the commission in making its recommendation; and
(e) Make any inquiries and conduct any business that may assist the commission in making its recommendation.
(5) The commission shall:
(a) Keep minutes of its meetings, and make those minutes available to the public;
(b) When assessing options for an image to replace the Confederate flag in the Capitol rotunda, give serious consideration to a depiction of the slaves who contributed to the construction of the State Capitol Building; and
(c) Submit its written recommendation to the Governor and the Legislature no later than September 30, 2024. Upon submission of its written recommendation, the commission shall be dissolved.
(6) Members of the commission shall receive no compensation
for their service on the commission, but they may receive reimbursement for mileage and actual expenses as provided in Section 25-3-41, to the extent that funds are available for that purpose.
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.