MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Ways and Means
By: Representative Creekmore IV
AN ACT TO AMEND SECTIONS 57-78-3 AND 57-78-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY, RATHER THAN THE MISSISSIPPI DEVELOPMENT AUTHORITY, SHALL BE THE ADMINISTERING AGENCY FOR THE GRANT PROGRAM; TO INCREASE THE MAXIMUM OF GRANT FUNDS THAT MAY BE PROVIDED TO A COMMUNITY UNDER THE PROGRAM DURING A YEAR; TO DELETE THE PROVISION REQUIRING THAT THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY SHALL PROVIDE THE MISSISSIPPI MAIN STREET ASSOCIATION WITH NO MORE THAN TWO PERCENT OF THE AMOUNT OF FUNDS DEPOSITED INTO THE MISSISSIPPI MAIN STREET REVITALIZATION GRANT FUND FOR ADMINISTRATIVE EXPENSES IN CARRYING OUT ITS DUTIES UNDER THE MISSISSIPPI MAIN STREET REVITALIZATION GRANT PROGRAM; TO REPEAL SECTION 33 OF CHAPTER 113, LAWS OF 2024, WHICH PROVIDES FUNDS FROM THE MISSISSIPPI MAIN STREET REVITALIZATION GRANT PROGRAM FUND TO THE MISSISSIPPI DEVELOPMENT AUTHORITY FOR MAKING GRANTS TO CERTAIN MAIN STREET DESIGNATED COMMUNITIES FOR CERTAIN PROJECTS; TO AMEND SECTION 2 OF CHAPTER 113, LAWS OF 2024, TO REVISE THE FISCAL YEAR 2025 APPROPRIATION TO THE MISSISSIPPI DEVELOPMENT AUTHORITY TO REDUCE THE AMOUNT OF SPECIAL FUNDS APPROPRIATED TO THE AUTHORITY; TO AMEND CHAPTER 66, LAWS OF 2024, TO REVISE THE FISCAL YEAR 2025 APPROPRIATION TO THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY TO INCREASE THE AMOUNT OF SPECIAL FUNDS APPROPRIATED TO THE DEPARTMENT; TO PROVIDE THAT THE DEPARTMENT SHALL DISTRIBUTE FUNDS FROM THE MISSISSIPPI MAIN STREET REVITALIZATION GRANT PROGRAM FUND TO CERTAIN MAIN STREET DESIGNATED COMMUNITIES FOR CERTAIN PROJECTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 57-78-3, Mississippi Code of 1972, is amended as follows:
57-78-3. The Mississippi
Main Street Revitalization Grant Program Act will authorize the Legislature, as
well as the Mississippi * * *Development Authority Department of Archives and History
through appropriations by the Legislature, to make grants available to eligible
recipients for projects leading to the revitalization of Mississippi's
downtowns or communities.
SECTION 2. Section 57-78-5, Mississippi Code of 1972, is amended as follows:
57-78-5. (1) For the purposes of this section:
(a) "Eligible recipient" means a:
(i) Main Street Designated Community, or local Main Street program that has achieved and maintained Designated Community Status by the Mississippi Main Street Association (MMSA), that is a good-standing member of the MMSA, has obtained Section 501(c)(3) tax-exempt status or Section 501(c)(6) tax-exempt status from the Internal Revenue Service;
(ii) Main Street Network Community;
(iii) Main Street Associate Community;
(iv) Cities located in Mississippi that otherwise meet the requirements of this chapter; or
(v) Business improvement districts that otherwise meet the requirements of this chapter.
(b) "Matching funds" means cash funds that are either in the applicant's possession or proposed by a match partner and clearly identified in a support letter and are reserved for the proposed project. No state funds may be included in determining the amount of the match.
(c) "Administrator" means the Mississippi Main Street Association.
(2) The administrator shall
accept applications from eligible recipients, prioritize their applications and
submit a list of suggested recipients to the Legislature no later than December
of each year. Applicants who did not receive a grant the prior year shall
receive priority for a grant the following year. The Legislature shall review
the submitted list and determine the projects for which to award grants to
eligible recipients through the Mississippi * * * Department of Archives
and History. The administrator will consider projects in relation to the
following criteria:
(a) The demonstration of local financial need;
(b) Projects that demonstrate high local impact;
(c) Projects that produce a high level of public benefit;
(d) Projects that demonstrate best practices in preservation;
(e) Projects that will have local administration and implementation capacity;
(f) The distribution of geographic size and location of the project;
(g) Projects that will be completed on time; and
(h) Projects that are according to the Main Street Approach and Guiding Principles or a comparable community plan.
(3) The Mississippi * * * Department of
Archives and History shall provide grant funds to the eligible recipients
under this section on a reimbursement basis, not to exceed * * * Seven
Hundred Fifty Thousand Dollars ($750,000.00) per community each year, and
grantees shall not receive compensation for their required twenty percent (20%)
of local match funds, which must cover at least twenty percent (20%) of the
total project cost. Municipalities, or eligible recipients within a
municipality, with a population of over ten thousand (10,000) are required to
possess local matching funds to cover at least twenty percent (20%) of the
total project cost. Municipalities, or eligible recipients within a
municipality, with a population of less than ten thousand (10,000), shall be
required to have a local cash match of ten percent (10%) for the first One
Hundred Thousand Dollars ($100,000.00) requested, then will be required to have
a local cash match of twenty percent (20%) for any amount over One Hundred
Thousand Dollars ($100,000.00).
(4) Eligible costs for the expenditure of grant funds include the acquisition of land and any improvements thereon, preservation of historic downtown structures and sites, and initiatives that will produce a revitalization to the economy of the historic downtown areas.
(5) Grants may be awarded for prospective purchases or for acquisitions of which the applicant has closed. In the latter case, the applicant shall demonstrate:
(a) The closing occurred no more than twelve (12) months prior to the date of application for the grant; and
(b) The subject purchase was made to help preserve and revitalize the location and economy of a historic downtown community.
(6) Any eligible recipient that is awarded a grant pursuant to this section for a project involving a historic property must comply with all applicable laws relating to the property, as well as applicable regulations of the Mississippi Department of Archives and History, or other department or agency relating to such property.
(7) Grantees must adhere to Mississippi state procedures and guidelines relating to the implementation and financing of the approved project. Grantees must also submit any and all audit and financial statements as required by the State of Mississippi.
(8) Nothing in this section
shall preclude the subsequent transfer or assignment by a state agency or
other owner or holder of any property interest acquired pursuant to this
section to the State of Mississippi, the county, city, town or municipality in
which the land is located, for the purpose of further preserving, improving or
maintaining the downtown property. The Mississippi * * * Department of Archives
and History shall facilitate transfers and assignments of any such
interests held by the department.
(9) There is created in the
State Treasury a special fund to be known as the "Mississippi Main Street
Revitalization Grant Program Fund," which shall consist of funds made
available by the Legislature in any manner, funds received as grants,
endowments or gifts from the federal government, its agencies and instrumentalities,
and funds from any other source designated for deposit into such fund. 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 investment earnings or interest earned on amounts
in the fund shall be deposited to the credit of the fund. Monies in the fund
shall be used by the Mississippi * * * Department of Archives
and History, upon appropriation by the Legislature, for the purposes
provided in this section.
(10) The Mississippi * * * Department of Archives
and History shall administer the fund and establish guidelines for the
expenditure of grant funds and reports relating to the expenditure of grant
funds. * * *
(11) To carry out this
chapter, the Mississippi * * *Development Authority Department of Archives and History
may enter into cooperative agreements with entities in the public and private
sectors, including:
(a) Colleges and universities;
(b) Historical societies;
(c) State and local agencies; and
(d) Nonprofit organizations.
(12) To develop cooperative
land-use strategies and conduct activities that facilitate the conservation of
the historic, cultural, natural and scenic resources, the Mississippi * * * Department of Archives
and History may require that recipients seek and secure technical
assistance from the administrator, to the extent that a recipient of technical
assistance is engaged in the protection, interpretation or commemoration of
historically significant property in the area in and around the historic
downtown site. The administrator will provide administrative support to
eligible recipients to ensure proper grant administration and project
implementation.
SECTION 3. Section 33 of Chapter 113, Laws of 2024, which provides funds from the Mississippi Main Street Revitalization Grant Program Fund to the Mississippi Development Authority for making Mississippi Main Street Revitalization Grants, is repealed.
SECTION 4. Section 2 of Chapter 113, Laws of 2024, is amended as follows:
Section 2. The
following sum, or so much thereof as may be necessary, is hereby appropriated
out of any money in the State Treasury to the credit of the Mississippi
Development Authority or the appropriate special fund for the purpose of
defraying the expenses incurred in the operation of the various divisions of
the authority for the fiscal year beginning July 1, 2024, and ending June 30,
2025....... $ * * *
367,241,496.00.
SECTION 5. Chapter 66, Laws of 2024, is amended as follows:
Section 1. The following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Department of Archives and History for the fiscal year beginning July 1, 2024, and ending June 30, 2025..................................
............................................ $ 12,580,718.00.
Section 2. The
following sum, or so much thereof as may be necessary, is appropriated out of
any money in the special fund in the State Treasury to the credit of the
Department of Archives and History which is comprised of special source funds
collected by or otherwise available to the department, for the purpose of
defraying the expenses of the department and for other purposes as provided
in this act for the fiscal year beginning July 1, 2024, and ending June 30,
2025 $ * * *
33,650,000.00.
Section 3. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED HEADCOUNT:
Permanent: 155
Time-Limited: 10
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required for Personal Services for Fiscal Year 2026 do not exceed Fiscal Year 2025 funds appropriated for that purpose unless programs or positions are added to the agency's Fiscal Year 2025 budget by the Mississippi Legislature. The Legislature shall determine the agency's personal services appropriation, which the State Personnel Board shall publish. The agency's personal services appropriation may consist of restricted funds for approved vacancies for Fiscal Year 2025 that may be utilized to fill vacant Fiscal Year 2024 headcount. It shall be the agency's responsibility to ensure that the funds provided for vacancies are used to increase headcount and not for promotions, title changes, in-range salary adjustments or any other mechanism for increasing salaries for current employees. It is the Legislature’s intention that no employee salary falls below the minimum salary established by the Mississippi State Personnel Board.
Additionally, the State Personnel Board shall determine and publish the projected annualized payroll costs based on current employees. It shall be the responsibility of the agency head to ensure that actual personnel expenditures for Fiscal Year 2025 do not exceed the data provided by the Legislative Budget Office. If the agency's Fiscal Year 2025 projected cost exceeds the annualized costs, no salary actions shall be processed by the State Personnel Board except for new hires determined to be essential for the agency.
Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
None of the funds herein appropriated shall be used in violation of the Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
Section 4. It is the intention of the Legislature that the Department of Archives and History shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2024. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2026 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2025 budget request process.
Section 5. It is the intent of the Legislature that the Mississippi Department of Archives and History shall charge the maximum amount allowable for services rendered, consistent with the cost of providing such services. The funds derived from these charges shall be deposited into a special fund account in the State Treasury to the credit of the Mississippi Department of Archives and History.
Section 6. It is the intent of the Legislature that no part of the funds herein appropriated shall be required to be used for the payment of rent for the museum and public space in the State Historical Museum, Old Capitol Restoration.
Section 7. Of the funds provided in Section 2, Two Million Dollars ($2,000,000.00) is provided to the Department of Archives and History from the Mississippi Landmark Grant Fund in accordance with Section 39-5-23, Mississippi Code of 1972, to help support the preservation of Mississippi Landmark Properties.
Section 8. Of the funds provided under the provisions of this act, One Hundred Thousand Dollars ($100,000.00) is provided for the purpose of capital development and maintenance of Beauvoir Shrine, the last home of Jefferson Davis, the only President of the Confederate States of America, subject to approval by the Department of Archives and History. The expenditure of funds available in this section shall be subject to prior approval by the Department of Archives and History.
Section 9. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
Section 10. In addition to all other sums herein appropriated, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State General Fund not otherwise appropriated, to the Department of Archives and History for the purpose of supporting the Statewide Oral History Project for the fiscal year beginning July 1, 2024, and ending June 30, 2025................. $ 50,000.00.
Section 11. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.
Section 12. Of the funds provided in Section 2, Seven Hundred Fifty Thousand Dollars ($750,000.00) is provided from Special Funds in the State Treasury to the credit of the State Treasury fund created in Section 27-19-56.69(8), Mississippi Code of 1972, for the purpose of paying the costs of repair and renovation of the New Capitol, the Old Capitol, the Governor's Mansion, and the War Memorial Building, in accordance with rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of funds.
Section 13. Of the funds appropriated under the provisions of Section 2, Six Million Dollars ($6,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. This appropriation is made to provide the funds necessary to authorize the expenditure of funds for the Vicksburg Military Park Interpretive Center. As a condition of expending these funds, the department shall enter into a memorandum of agreement or similar document with the U.S. Government National Park Services reflecting a plan for building an interpretive center and a lease agreement for lease space therein.
Section 14. Of the funds appropriated under the provisions of Section 2, One Million Dollars ($1,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. This appropriation is made to provide the funds necessary to authorize the expenditure of funds for the Crigler Park project.
Section 15. Of the funds appropriated under the provisions of Section 2, Six Million Dollars ($6,000,000.00), or so much thereof, shall be derived out of any money in the State Treasury to the credit of the Capital Expense Fund, as created in Section 27-103-303, Mississippi Code of 1972, and allocated in a manner as determined by the Treasurer's Office. This appropriation is made to provide the funds necessary to authorize the expenditure of funds for Grand Village in Natchez.
Section 16. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated for the Department of Archives and History for the purpose of reauthorizing the expenditure of Capital Expense Funds, as authorized in HB 1612, 2023 Regular Session to defray expenses of the Department of Archives and History for the fiscal year beginning July 1, 2024, and ending June 30, 2025................ $ 17,346,271.00.
This appropriation is made for the purpose of reauthorizing the expenditure of funds as allocated herein:
(a) De la Pointe-Krebs House.............. $ 86,271.00.
(b) Repair, renovation, and construction
projects undertaken by the Department of
Archives and History...................... $ 9,700,000.00.
(c) Vicksburg Military Park Interpretive
Center.................................... $ 5,900,000.00.
(d) Eudora Welty Library Project.......... $ 1,660,000.00.
Notwithstanding the amount reappropriated under this section, the amount that may be expended under the authority of this section, shall not exceed the unexpended balance of the funds remaining as of June 30, 2024, from the amount authorized for the previous fiscal year. In addition, this reappropriation shall not change the purpose for which the funds were originally authorized.
Section 17. Of the funds provided in Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Mississippi Historic Site Preservation Fund, for the purpose of making grants to nonprofit organizations in accordance with Section 39-5-22, Mississippi Code of 1972, for the fiscal year beginning July 1, 2024, and ending June 30, 2025...........................................................
.............................................. $ 500,000.00.
Section 18. Of the funds provided in Section 2, the following sum, or so much thereof as may be necessary, is appropriated out of any money in the State Treasury to the credit of the Mississippi Community Heritage Preservation Grant Fund, for the purpose of grant assistance to Historic County Courthouses, School Buildings and Other Historic Buildings as in Section 39-5-145, Mississippi Code of 1972, for the fiscal year beginning July 1, 2024, and ending June 30, 2025.......... $ 5,000,000.00.
Section 19. Of the funds appropriated in Section 2, Sixteen Thousand Dollars ($16,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Project Poppy Fund, as created in Senate Bill 2001, 1st Extraordinary Session of 2024, and allocated in a manner as determined by the Treasurer's Office and Sixteen Thousand Dollars ($16,000.00), or so much thereof as may be necessary, shall be derived out of any money in the State Treasury to the credit of the Project Atlas Fund, as created in House Bill 1, 2nd Extraordinary Session of 2024, and allocated in a manner as determined by the Treasurer's Office. These funds are provided for expediting services needed for Project Poppy and Project Atlas.
Section 20. Of the funds appropriated in Section 2, Six Million Nine Hundred Thousand Seventy-two Dollars ($6,972,000.00) shall be derived out of any money in the State Treasury to the credit of the Mississippi Main Street Revitalization Grant Program Fund, as created in Section 57-78-5, Mississippi Code of 1972, and the department shall distribute such funds to the following Main Street Designated Communities for the projects described below:
Community Project Name Grant Amount Requested
Amory Amory Downtown District
Revitalization Project $500,000.00
Biloxi How Hop Creative Project $500,000.00
Booneville Booneville Historic Hardware
Building Restoration $500,000.00
Cleveland Town Green and Public Art
Placement $120,000.00
Columbus Downtown Columbus Wayfinding and
Streetscape Improvement Project $380,000.00
Crystal
Springs Old Biggs Building Revitalization
Project $122,000.00
Greenville Greater Greenville River City
Revitalization Initiative $500,000.00
Hattiesburg Downtown Hattiesburg Welcome Center $500,000.00
Hernando Hernando Streetscapes, Public Space
Improvements and Retail Recruitment $180,000.00
Moss Point Riverfront District Revitalization
Project $500,000.00
Natchez The Depot Park and Natchez Bluff $362,000.00
Nettleton Old Barber Shop Restoration $130,000.00
New Albany Revealing or Destination Safely $330,000.00
Pascagoula Flagship Revitalization Streetscape
Plan $500,000.00
Ripley The Hills Hotel $500,000.00
Saltillo Wayfinding and Street Sign
Revitalization $410,000.00
Senatobia Senatobia Utilities Building
Renovation $400,000.00
Vicksburg Blues Highway Travel Center $408,000.00
Water Valley Water Valley Historic Walking Tour $130,000.00
TOTAL $6,972,000.00
Section * * *21. The Mississippi Department of Archives and History
is authorized to accept and expend any grant, donation, or contribution from
any individual, public, or private organization, or government entity for
purposes of defraying the operational costs of the department. Such grants,
donations or contributions shall be received and expended under the rules and
regulations of the Department of Finance and Administration in a manner
consistent with the escalation of federal funds not to exceed One Million
Dollars ($1,000,000.00).
Section * * *22. The money herein appropriated
shall be paid by the State Treasurer out of any money in the State Treasury to
the credit of the proper fund or funds as set forth in this act, upon warrants
issued by the State Fiscal Officer; and the State Fiscal Officer shall issue
his warrants upon requisitions signed by the proper person, officer or
officers, in the manner provided by law.
SECTION 6. This act shall take effect and be in force from and after its passage.