Senate Bill 2294

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO CLARIFY THE PROVISION WHICH PROHIBITS THE ALTERATION OR REMOVAL OF HISTORICAL MONUMENTS AND MEMORIALS; TO AUTHORIZE A CIVIL CLAIM TO ENFORCE THE PROVISIONS OF THIS SECTION; TO PROVIDE A VENUE FOR THE CIVIL CLAIM; TO PROVIDE ATTORNEY'S FEES TO A PREVAILING PARTY WHO ESTABLISHES A VIOLATION OF THIS SECTION; AND FOR RELATED PURPOSES.

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, 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 era, 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~~ in subsection (1) of this section from taking proper measures and exercising proper means for the protection, preservation, care, repair or restoration of those items, structures or areas. * * *

(3) (a) Any person feeling this statute has been violated may bring an action, and have legal standing to do so, to enforce this law in the chancery court or judicial district where the violation is alleged to have taken place.

(b) In any action or proceeding to enforce a provision of this section, a prevailing party who establishes a violation of this section shall recover reasonable attorney's fees.

( * * *34) 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 statute shall apply and be in force in regard to all protected items, structures or areas in place as of the date of passage of this law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.