Bill Text: MS SB2293 | 2025 | Regular Session | Comm Sub

Mississippi Senate Bill 2293

Bill Title: Mississippi Antiquities Law; amend to provide for certain demolition permits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2025-01-29 - Title Suff Do Pass Comm Sub [SB2293 Detail]

Download: Mississippi-2025-SB2293-Comm_Sub.html

MISSISSIPPI LEGISLATURE

2025 Regular Session

To: Public Property

By: Senator(s) Williams

Senate Bill 2293

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 39-7-11, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE BOARD MAY ISSUE DEMOLITION PERMITS FOR BUILDINGS WHICH HAVE BECOME ABANDONED, VACANT OR BLIGHTED WITH CERTAIN CONDITIONS; TO AMEND SECTION 39-7-22, MISSISSIPPI CODE OF 1972, TO PROTECT STRUCTURES POTENTIALLY ELIGIBLE FOR DESIGNATION AS MISSISSIPPI LANDMARKS; TO AMEND SECTION 29-5-2, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION TO RETAIN ARCHITECTS, ENGINEERS AND OTHER PROFESSIONALS FOR THE PURPOSES OF ASSESSING CERTAIN BUILDINGS DESIGNATED AS MISSISSIPPI LANDMARKS; AND FOR RELATED PURPOSES.

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

SECTION 1. The Legislature finds and declares that:

(a) Publicly owned properties that have historical, cultural or architectural significance play a critical role in preserving Mississippi's heritage;

(b) Special consideration must be given to properties designated as both Mississippi Landmarks under exceptional significance and require strict compliance with federal and state preservation laws; and

(c) The necessity in considering practical and economic issues while ensuring the preservation of architectural and historical integrity of publicly owned buildings designated as Mississippi Landmarks.

SECTION 2. Section 39-7-11, Mississippi Code of 1972, is amended as follows:

39-7-11. (1) All other sites, objects, buildings, artifacts, implements, and locations of archaeological significance, including, but expressly not limited to, those pertaining to prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, their artifacts and implements of culture, as well as archaeological sites of every character that are located in, on or under the surface of any lands belonging to the State of Mississippi or to any county, city, or political subdivision of the state, are hereby declared to be Mississippi Landmarks and are the sole property of the State of Mississippi. Such sites may not be taken, altered, destroyed, salvaged or excavated without a permit from the board or in violation of the terms of such permit.

(2) All other sites, objects, buildings, artifacts, implements, structures and locations of historical or architectural significance located in or under the surface of any lands belonging to the State of Mississippi or to any county, city or political subdivision of the state may be declared to be Mississippi Landmarks by majority vote of the board. Every Mississippi Landmark shall be so designated based upon its significance within the historical or architectural patterns of a community, a county, the State of Mississippi, or the United States of America. Upon such action by the board, the designation of the Mississippi Landmark shall be recorded in the deed records of the county in which the landmark is located. All such designated sites or items located on public lands within the State of Mississippi may not be taken, altered, damaged, destroyed, salvaged, restored, renovated or excavated without a permit from, the board or in violation of the terms of such permit. The board may issue a permit allowing the demolition of all or portions of designated buildings or structures which have become abandoned, vacant, or blighted and for which the public owner has no current or foreseeable use. The board shall issue a permit allowing the demolition of all or portions of designated buildings or structures where it is structurally or economically infeasible to restore. For the purpose of this section, economically infeasible shall mean the cost to restore exceeds fifty percent (50%) of the replacement value of the building or structure. Where consideration of total or partial demolition of a currently designated building is requested, the owner of the property may be required by the department to provide a structural feasibility study by a licensed structural engineer with experience with historic properties and/or an estimate of cost by a licensed architect or engineer with historic property experience.

(3) All such sites or items located on private lands within the State of Mississippi that have been designated as Mississippi Landmarks as hereinafter provided, may not be taken, altered, damaged, destroyed, salvaged, restored, renovated or excavated without a permit from the board or in violation of the terms of such permit. Such designation shall be reduced to recordable form sufficiently describing the site so that it may be located and shall be recorded in the deed records of the county in which the landmark is located.

SECTION 3. Section 39-7-22, Mississippi Code of 1972, is amended as follows:

39-7-22. (1) In the early stages of planning and always prior to the letting of bids for public construction, public improvement of any nature, demolition or the transfer of public property to private ownership, state agencies, local governments and all their political subdivisions shall notify the board of the planned action on a form supplied by the board. The board may survey the affected area, property, structure, or building, to determine if currently designated or potential Mississippi Landmarks will be affected, or if significant sites, buildings, or structures on nonpublic lands will be affected. No modifications to a currently designated Mississippi Landmark shall take place until a permit is issued by the department including such reasonable conditions as may be required to preserve landmark designation. At any time during the review and consideration of a proposed modification to a currently designated Mississippi Landmark, a public owner may appeal any proposed condition of approval to the board of trustees that it believes to be unreasonable, impractical or cost prohibitive. The department may require such appeal to be in writing and supported by analysis prepared by a licensed architect or engineer with historic property experience.

(2) If the department determines that significant historic, architectural, or archaeological sites, buildings, structures, locations, or remains that are potentially eligible for designation as Mississippi Landmarks will be adversely affected by the public construction * * * or, improvement, demolition or transfer, the proposed public construction * * * or, improvement, demolition or transfer may not be commenced until the department has * * * issued the permit herein required, and has performed all necessary investigations, recording and/or salvage of the site, location or remains. All investigation, recording and salvage work shall be performed as expeditiously as possible so that no public construction project will be unduly impaired, impeded or delayed submitted notice to the board for consideration of Mississippi Landmark designation. Should the board decline to so designate, or fail to make such designation within ninety (90) days of the submission of the notice to the department, the proposed public construction, improvement, demolition or transfer may proceed. If the department recommends landmark designation of a building or structure which a state agency, local government or political subdivision has proposed for total or partial demolition, the department shall provide to the board a structural feasibility study by a licensed structural engineer and an estimate of cost to restore such building or structure to useful condition. Where such restoration is structurally infeasible or the cost to restore to useful condition would exceed fifty percent (50%) of the replacement value of the building or structure, the department shall not recommend landmark designation to the board.

(3) If in the course of performing public construction or improvements, historic, prehistoric or archaeological sites, locations, remains or objects are discovered, the department shall be notified and its concurrence shall be requested in continuing the construction or improvement. Upon receipt of this notice, the department shall survey the area to confirm whether the area contains historic, prehistoric, or archaeological data which should be preserved in the public interest. The survey shall be conducted as expeditiously as possible. If, as a result of the survey, it is determined that (a) this data exists in the area, (b) the data has exceptional historic, prehistoric or archaeological significance and should be collected and preserved in the public interest, and (c) it is feasible to collect and preserve the data, the department shall perform the necessary work to collect and preserve the data. This work shall be performed as expeditiously as possible. When it is not feasible to collect the data, the agency shall make all reasonable attempts to avoid the site before proceeding. If in the board's opinion the site possesses unusual significance, and is unique to such a degree that the landmark is, or is likely to be, the sole representative of a type or period, the board may prohibit further construction which would destroy or irreparably harm the landmark.

SECTION 4. Section 29-5-2, Mississippi Code of 1972, is amended as follows:

29-5-2. 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.

(f) To retain architects, engineers and other professionals for the purpose of assessment of buildings owned by the state, its institutions, universities and community colleges that are designated as Mississippi Landmarks by the Mississippi Department of Archives and History, acting through its board of trustees, or those that are potentially eligible for such designation.

SECTION 5. This act shall take effect and be in force from and after July 1, 2025.