House Bill 1487

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO DELETE THE AUTHORITY OF A GOVERNING BODY TO MOVE A HISTORICAL MONUMENT OR MEMORIAL TO A DIFFERENT LOCATION; TO GRANT STANDING TO A PERSON WHO FEELS THAT A VIOLATION OF THE PROHIBITION AGAINST MOVING HISTORICAL MONUMENTS AND MEMORIALS HAS OCCURRED TO BRING A LEGAL ACTION AGAINST THE ALLEGED OFFENDER IN THE COUNTY IN WHICH THE VIOLATION OCCURRED; AND FOR RELATED PURPOSES.

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

SECTION 1. 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, moved, renamed or rededicated: 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, Civil Rights struggle, Persian Gulf War, War in Iraq, War in Afghanistan 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. * * *

(3) Any person who feels that this statute has been violated by any party or any government body may bring a legal action to enforce this section, or any part of it, and has legal standing and the right to initiate such an action in the chancery or circuit court of the county in which the violation is alleged to have occurred.

(4) 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.

(5) The protections of this section apply and are in force in regard to all protected items and structures in place as of the effective date of this act.

SECTION 2. This act shall take effect and be in force from and after its passage.