Bill Text: MS HB932 | 2024 | Regular Session | Introduced
Bill Title: Monuments and displays; prohibit construction of or removal from or on the State Capitol grounds unless authorized by an act of the Legislature.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-05 - Died In Committee [HB932 Detail]
Download: Mississippi-2024-HB932-Introduced.html
MISSISSIPPI LEGISLATURE
2024 Regular Session
To: State Affairs
By: Representative Eubanks
House Bill 932
AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE REMOVAL OR CONSTRUCTION OF A MONUMENT, DISPLAY, STATUE, MEMORIAL, OR NAMEPLATE FROM OR ON THE STATE CAPITOL GROUNDS UNLESS AUTHORIZED BY AN ACT OF THE LEGISLATURE; TO AMEND SECTION 39-5-5, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF THE DEPARTMENT OF ARCHIVES AND HISTORY, TO CONFORM TO THE PRECEDING PROVISION; 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, 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, 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.
(4) Except as otherwise provided in this section, a monument, display, statue, memorial, or nameplate (plaque) shall not be constructed on or removed from the State Capitol grounds unless authorized by an act of the Legislature.
(5) The governing body shall not consider the construction of a monument, display, statue, memorial, or nameplate (plaque) on the State Capitol grounds or the removal of a monument, display, statue, memorial, or nameplate (plaque) from the State Capitol grounds without legislative authorization as provided under this section.
(6) It is determined by the Legislature of the State of Mississippi that legislative oversight should be provided for the construction of a monument, display, statue, memorial, or nameplate (plaque) on State Capitol grounds, or the removal of a monument, display, statue, memorial, or nameplate (plaque) from the State Capitol grounds, and that this act is immediately necessary because it ensures that the Legislature has proper oversight of monuments on State Capitol grounds.
SECTION 2. Section 39-5-5, Mississippi Code of 1972, is amended as follows:
39-5-5. Except as otherwise provided in Section 55-15-81, 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; and
(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.
SECTION 3. This act shall take effect and be in force from and after July 1, 2024.
