MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Property
By: Representative Newman
AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF ARCHIVES AND HISTORY TO EXEMPT CERTAIN REPAIRS AND RENOVATIONS TO STATE-OWNED FACILITIES AND PROPERTIES; TO PRESCRIBE THE CONTINGENCIES FOR SUCH REPAIRS AND RENOVATIONS WHICH MUST ADHERE TO CERTAIN REQUIREMENTS TO BE ELIGIBLE FOR EXEMPTION; TO PROVIDE ADDITIONAL REQUIREMENTS FOR PROPERTIES WITH DUAL DESIGNATIONS AS MISSISSIPPI LANDMARKS AND NATIONAL HISTORIC LANDMARKS; TO AMEND SECTIONS 29-1-1, 29-5-2, 39-5-5 AND 39-7-7, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Legislature finds and declares:
(a) State-owned properties that have historical, cultural or architectural significance play a critical role in preserving Mississippi's heritage; and
(b) Special consideration must be given to properties designated as both Mississippi Landmarks under Section 39-7-3 and National Historic Landmarks under the National Historic Preservation Act, as these sites hold exceptional significance and require strict compliance with federal and state preservation laws; and
(c) The necessity in establishing standards for exemptions that ensure the preservation of architectural and historical integrity while providing flexibility for necessary repairs, renovations or demolitions.
SECTION 2. (1) The Mississippi Department of Archives and History (MDAH), acting through its board of trustees, may approve exemptions to standard repair and renovation requirements for state-owned properties that meet the following criteria:
(a) Age Requirement: The property must be more than twenty (20) years old from the date of its original construction and occupation.
(b) Material Standards: If the original construction material is no longer available, repairs and renovations must be completed using modern materials that replicate the authentic style, color, durability and texture of the originally installed construction materials.
(c) Architectural Integrity: Repairs and renovations must maintain the integrity of the property's original exterior architectural design and aesthetic, including materials.
(d) Demolition Standards: The demolition of a property may be authorized if the board determines that such action is more economically feasible and conveys a greater benefit to the local community and the state's long-term plan of use for the property.
(2) Properties designated as both Mississippi Landmarks and National Historic Landmarks shall meet the following additional requirements:
(a) All repair, renovation, or demolition proposals must comply with the provisions of Section 39-7-3 and the Secretary of the Interior's Standards for the Treatment of Historic Properties.
(b) Any alteration must not compromise the property's historic integrity or its designation as a National Historic Landmark.
(c) Written approval must be obtained from the Mississippi Department of Archives and History and, if applicable, the National Park Service, prior to initiating any project that affects the property's exterior or structural elements.
(d) A detailed preservation plan, including an assessment of the project's impact on the property's historical and architectural features, must be submitted to and approved by the MDAH Board of Trustees.
(3) The Board of Trustees shall adopt rules and regulations to implement the provisions of this section, including the criteria and process for evaluating and approving exemptions.
SECTION 3. Section 29-1-1, Mississippi Code of 1972, is amended as follows:
29-1-1. (1) Except as otherwise provided in subsections (7), (8), (9) and (13) of this section, the title to all lands held by any agency of the State of Mississippi shall appear on all deeds and land records under the name of the "State of Mississippi." A deed may also recite the name of the agency for whose benefit and use the land is acquired, but the recital shall not be deemed or construed to be a limitation on the grant or an impairment of title held by the State of Mississippi. Use and possession of the land may be reassigned by act of the Legislature or by interagency conveyance where each agency has statutory authority to acquire and dispose of land. For the purpose of this section, the term "agency" shall be defined as set forth in Section 31-7-1(a). The provisions of this section shall not affect the authority of any agency to use any land held by the agency. No assets or property of the Public Employees' Retirement System of Mississippi shall be transferred in violation of Section 272A of the Mississippi Constitution of 1890. Each state agency shall inventory any state-held lands which are titled in the name of the agency. The agency shall execute quitclaim deeds and any other necessary documents to transfer the name and title of the property to the State of Mississippi. State agencies shall furnish to the Secretary of State certified copies of the quitclaim deeds and all other deeds whereby the state agency acquires or disposes of state-held land.
(2) The Secretary of State, under the general direction of the Governor and as authorized by law, shall sell and convey the public lands in the manner and on the terms provided herein for the several classes thereof; he shall perform all the administrative and executive duties appertaining to the selection, location, surveying, platting, listing, and registering these lands or otherwise concerning them; and he shall investigate the status of the various "percent" funds accrued and accruing to the state from the sale of lands by the United States, and shall collect and pay the funds into the Treasury in the manner provided by law. The Secretary of State, with the approval of the Governor, acting on behalf of the state, may accept gifts or donations of land to the State of Mississippi.
(3) In accordance with Sections 7-11-11 and 7-11-13, the Secretary of State shall be required to sign all conveyances of all state-held land. For purposes of this section, the term "conveyance" shall mean any sale or purchase of land by the State of Mississippi for use by any agency, board or commission thereof. Failure to obtain legislative approval pursuant to subsection (4) of this section and the signature of the Secretary of State on any conveyance regarding the sale or purchase of lands for the state including any agency, board or commission thereof, shall render the attempted sale or purchase of the lands void. Nothing in this section shall be construed to authorize any state agency, board, commission or public official to convey any state-held land unless this authority is otherwise granted by law. The Secretary of State shall not withhold arbitrarily his signature from any purchase or sale authorized by the Mississippi State Legislature. Except for those lands forfeited to the state for the nonpayment of taxes, conveyed to another state agency or entity as provided in subsection (11) of this section or acquired by the Mississippi Transportation Commission under Section 65-1-123, no state-held land shall be sold for less than the fair market value as determined by two (2) professional appraisers selected by the State Department of Finance and Administration, who are certified general appraisers of the State of Mississippi. The proceeds from any sale by an agency, board, commission or public official of state-held lands shall be deposited into the State General Fund unless otherwise provided by law.
(4) Before any state-held land is sold to any individual or private entity, thirty (30) days' advance notice of the intended sale shall be provided by the Secretary of State to the State Legislature and to all state agencies for the purpose of ascertaining whether an agency has a need for the land and for the purpose of ascertaining whether the sale of the land was authorized by law. If no agency of the state expresses in writing to the Secretary of State by the end of the thirty-day period a desire to use the land, then the Secretary of State, with the prior approval of the Mississippi Legislature to sell the state-held land, may offer the land for sale to any individual or private entity. Such notice to state agencies is given in aid of internal management of the real property inventory of the state, and this notice requirement shall not be applied to challenge or defeat any title heretofore or hereafter granted by the state under any law authorized by the Mississippi Legislature providing for the sale or disposal of property.
(5) A cultural resources survey may be performed on any state-held land before the disposition of the land if the Mississippi Department of Archives and History deems this survey necessary. The cost of the survey and any archaeological studies deemed necessary by the Mississippi Department of Archives and History shall be paid by the selling agency and recouped from the proceeds of the sale.
(6) Before any land may be purchased by the state for the benefit of any state agency, the Secretary of State, or his designee, shall search and examine all state land records to determine whether the state owns any land that may fit the particular need of the agency. The Secretary of State, or his designee, shall notify the agency if it is determined that any state-held land is available for use by the agency. The agency shall determine if such land accommodates its needs and shall determine whether to make an official request to the proper authorities to have the use of the land.
(7) This section shall not apply to: (a) any lands purchased or acquired for construction and maintenance of highways or highway rights-of-way by the Mississippi Department of Transportation, or (b) any lands acquired by the state by forfeiture for nonpayment of ad valorem taxes and heretofore or hereafter sold under authority of any other section of Chapter 1, Title 29, specifically relating to tax-forfeited lands.
(8) This section shall not apply to any lands purchased solely by the use of federal funds or lands for which authority to transfer or dispose of these lands is governed by federal law or federal regulations insofar as the application of this section limits or impairs the ability of the Secretary of State to acquire or dispose of the land. However, any state agency acquiring or disposing of land exempted from the application of this section by this subsection shall furnish the Secretary of State certified copies of all deeds executed for those transfers or disposals.
(9) Any lands purchased by the Mississippi Major Economic Impact Authority for a "project" as defined in Section 57-75-5 shall be excluded from the provisions of this section.
(10) The Secretary of State may recover from any agency, corporation, board, commission, entity or individual any cost that is incurred by his office for the record-keeping responsibilities regarding the sale or purchase of any state-held lands.
(11) Subsections (4), (5) and (6) of this section shall not apply to sales or purchases of land when the Legislature expressly authorizes or directs a state agency to sell, purchase or lease-purchase a specifically described property. However, when the Legislature authorizes a state agency to sell or otherwise convey specifically described real property to another state agency or other entity such as a county, municipality, economic development district created under Section 19-5-99 or similar entity, without providing that the conveyance may not be made for less than the fair market value of the property, then the state agency authorized to convey such property must make the following determinations before conveying the property:
(a) That the state agency or other entity to which the proposed conveyance is to be made has an immediate need for the property;
(b) That there are quantifiable benefits that will inure to the state agency or other entity to which the proposed conveyance is to be made which outweigh any quantifiable costs to the state agency authorized to make the conveyance; and
(c) That the state agency or other entity to which the proposed conveyance is to be made lacks available funds to pay fair market value for the property. If the state agency authorized to convey such property fails to make such determinations, then it shall not convey the property for less than the fair market value of the property.
(12) This section shall not apply to the donation and conveyance of the Nanih Waiya State Park to the Mississippi Band of Choctaw Indians.
(13) This section shall not apply to any lands acquired, sold, or leased pursuant to Section 59-5-1 et seq.
(14) For any state-owned land meeting the criteria established under Section 2 of this act, exemptions for repairs, renovations, construction of improvements or demolitions may be authorized by the Mississippi Department of Archives and History Board of Trustees, subject to the requirements of Mississippi and federal preservation laws.
SECTION 4. Section 29-5-2, Mississippi Code of 1972, is amended as follows:
29-5-2. (1) The duties of the Department of Finance and Administration shall be as follows:
(a) (i) To exercise general supervision and care over and keep in good condition the following state property located in the City of Jackson: the New State Capitol Building, the Woolfolk State Office Building and Parking Garage, the Carroll Gartin Justice Building, the Walter Sillers Office Building and Parking Garage, the War Veterans' Memorial Building, the Charlotte Capers Building, the William F. Winter Archives and History Building, the Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot (GM&O Depot), the Old State Capitol Building, the Governor's Mansion, the Heber Ladner Building, the Robert E. Lee Office Building, the Robert E. Lee Parking Garage, the former Naval Reserve Center, 515 East Amite Street, 620 North Street, 660 North Street, 700 North State Street, 350 High Street, 401 North Lamar Street, 455 North Lamar Street, the State Records Center, the Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds Complex, the former Central High Building, the Mississippi Workers' Compensation Commission Office Building, as well as all state-owned or leased buildings situated on seat of government property.
(ii) To exercise general supervision and care over and keep in good condition the Dr. Eldon Langston Bolton Building located in Biloxi, Mississippi.
(iii) To exercise general supervision and care over and keep in good condition the State Service Center, located at the intersection of U.S. Highway 49 and John Merl Tatum Industrial Drive in Hattiesburg, Mississippi.
(iv) To exercise general supervision and care over and keep in good condition any property purchased, constructed or otherwise acquired by the State of Mississippi for conducting state business and not specifically under the supervision and care by any other state entity, but which is reasonably assumed the department would be responsible for such, as approved by the Public Procurement Review Board, including, but not limited to:
1. The National Aeronautics and Space Administration (NASA) Shared Services Center and Lockheed Martin Building at Stennis Space Center;
2. The Mississippi Sports Hall of Fame;
3. The Mississippi Crafts Center;
4. The Mississippi Children's Museum; and
5. The Mississippi Arts and Entertainment Center.
(b) To assign suitable office space for the various state departments, officers and employees who are provided with an office in any of the buildings under the jurisdiction or control of the Department of Finance and Administration. However, the assignment of space in the New Capitol Building shall be designated by duly passed resolution of the combined Senate Rules Committee and the House Management Committee, meeting as a joint committee, approved by the Lieutenant Governor and Speaker of the House of Representatives. A majority vote of the members of the Senate Rules Committee and a majority vote of the members of the House Management Committee shall be required on all actions taken, resolutions or reports adopted, and all other matters considered by the full combined committee on occasions when the Senate Rules Committee and the House Management Committee shall meet as a full combined committee.
(c) To approve or disapprove with the concurrence of the Public Procurement Review Board, any lease or rental agreements by any state agency or department, including any state agency financed entirely by federal and special funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration, including space necessary for parking to be used by state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building. In no event shall any employee, officer, department, federally funded agency or bureau of the state be authorized to enter into a lease or rental agreement without prior approval of the Department of Finance and Administration and the Public Procurement Review Board.
The Department of Finance and Administration is authorized to use architects, engineers, building inspectors and other personnel for the purpose of making inspections as may be deemed necessary in carrying out its duties and maintaining the facilities.
This section is not intended to apply to locations for which the Department of Finance and Administration has decided to solicit proposals in accordance with subsection (e) of this section.
(d) To acquire by lease, lease-purchase agreement, or otherwise, as provided in Section 27-104-107, and to assign through the Office of General Services, by lease or sublease agreement from the office, and with the concurrence of the Public Procurement Review Board, to any state agency or department, including any state agency financed entirely by federal and special funds, appropriate office space in the buildings acquired.
(e) To solicit and approve or disapprove, notwithstanding any rule of law to the contrary, and with the concurrence of the Public Procurement Review Board, any lease, use or rental agreement for a charge or other consideration for space not exceeding three thousand (3,000) square feet in any individual building listed in subsection (a) of this section, with a private entry who will provide food and/or catering services for state employees, visitors and the general public.
The department shall select the entity using a competitive process which shall be publicly advertised. In addition to satisfying any other requirements for the Public Procurement Review Board's approval, the department must demonstrate that any agreement entered into under this section will neither result in a net cost to the state, nor impair or impede the function of state agencies at such location.
(2) Properties under the jurisdiction of the Mississippi Department of Finance and Administration which are determined to meet the criteria under Section 2 of this act may have repairs, renovations, or demolitions conducted pursuant to the exemptions approved by the Board of Trustees of the Mississippi Department of Archives and History, provided such actions comply with all applicable state and federal preservation standards.
SECTION 5. Section 39-5-5, Mississippi Code of 1972, is amended as follows:
39-5-5. The duties and powers of the Board of Trustees of the Department of Archives and History shall include, in addition to other duties and powers granted or prescribed by law, the following:
(a) To determine the location of places of historical interest within the state;
(b) To make a survey of buildings of all types throughout the state which are in danger of destruction, without proper care, and which in the opinion of the board of trustees should be preserved for historical purposes;
(c) To contact the proper authorities of the United States national cemeteries and military parks to determine whether or not the record of Mississippi troops is adequately commemorated;
(d) To acquire, preserve, restore or operate any real or personal property deemed significant for historical, architectural, archaeological or cultural reasons, to expend funds for such purposes, to enter into contracts or agreements with any agency of the United States or any person, firm, corporation or association for such purposes and to do any and all things which may be necessary or desirable to carry out such purposes;
(e) To participate with any agency of the United States, any other governmental agency or any person, firm, corporation, association or group in mutual or cooperative programs or projects within the duties and powers of the board of trustees;
(f) To accept grants or donations of money or property, real or personal, from any agency of the United States, any other governmental agency or any person, firm, corporation, association or group. However, the board of trustees shall not be required, except by specific act of the Legislature, to accept any property without its consent;
(g) To provide suitable
markers with adequate descriptions of the historical sites to which they refer,
for places of historical interest and to provide suitable markers on the
highways and roads of this state showing the direction and distance to the
historical sites; * * *
(h) To establish,
administer, manage and make expenditures and allocations from the Mississippi
Historic Site Preservation Fund under the provisions of Section 39-5-22 * * *;
(i) To develop and implement policies for the preservation of state-owned properties; and
(j) To evaluate and approve exemptions to repair, renovation, or demolition standards for state-owned properties meeting the criteria set forth in Section 2 of this act, with particular attention to properties designated as Mississippi Landmarks and National Historic Landmarks.
SECTION 6. Section 39-7-7, Mississippi Code of 1972, is amended as follows:
39-7-7. (1) The duties of the board shall be to determine the site of and to designate Mississippi Landmarks; to remove from such designation certain of such sites as hereinafter provided; to contract or otherwise provide for the discovery and salvage operations herein covered; to consider the requests for and issue the permits hereinafter provided for; and to protect and preserve the archaeological, historical and architectural resources of the State of Mississippi. The board shall be the legal custodian of all items hereinafter described which have been recovered and retained by the State of Mississippi, and shall maintain an inventory of such items showing the description and depository thereof.
(2) In accordance with the public policy declared under the provision of Section 39-7-3, the Mississippi Department of Archives and History is authorized to grant exemptions for the repair, renovation, or demolition of state-owned buildings under the criteria set forth in Section 2 of this act, provided that all actions comply with state and federal preservation laws applicable to Mississippi Landmarks and National Historic Landmarks.
SECTION 7. This act shall take effect and be in force from and after July 1, 2025.