§ 39-1-1. State law library.

1. There shall be a State Library which shall render law library services to the Supreme Court and other state courts, to state officials and to the general public.
2. The State Library shall be under the supervision and control of the Mississippi Supreme Court and the court shall be empowered to promulgate policies and procedures necessary to the efficient operation of the Library.

HISTORY: Codes, 1942, § 9037; Laws, 1940, ch. 135; Laws, 1989, ch. 321, § 1, eff from and after July 1, 1989.

§§ 39-1-3 through 39-1-33. Repealed.

Repealed by Laws, 1989, ch. 321, § 7, eff from and after July 1, 1989.

[Codes, 1942, §§ 9038-9053; Laws, 1940, ch. 155; Laws, 1958, ch. 483; Laws, 1964, ch. 542, § 8; Laws, 1987, ch. 305]

§ 39-1-35. Legislative reference bureau.

There is hereby created a legislative reference bureau, for the use of the members of the legislature, the governor, and the various departments, institutions and agencies of this state, as well as for a limited service for such citizens of this state as may desire to avail themselves of its reference facilities. The legislative reference bureau shall be under the joint jurisdiction of the house management committee and the senate contingent expense committee of the legislature.

The purpose of the said legislative reference bureau shall be:

To assist the legislature of this state in the proper performance of its constitutional functions by providing its members with impartial and accurate information and reports concerning the legislative problems which come before them, and by providing digests showing the practices of other states and of foreign nations in dealing with similar problems;

To secure information for the legislators of this state by cooperating with the legislative reference services in other states, and with the interstate reference bureau maintained by the American legislators’ association and by the council of state governments;

To furnish the members of the legislature of this state, copies of the legislation of other states, uniform laws, model bills, textbooks on the preparation of legislative measures, and such other information and material as may be of value to them in the preparation of bills for introduction into the legislature of this state.

The legislative reference bureau shall have a director, who shall be hired jointly by the house management committee and the senate contingent expense committee, and the duties of the director shall be prescribed jointly by the house management committee and the senate contingent expense committee.

The legislative reference bureau shall be maintained out of the contingent funds of each house of the legislature, with an equal amount to be contributed by each house.

HISTORY: Codes, 1942, § 9054; Laws, 1938, ch. 163; Laws, 1970, ch. 475, § 1; Laws, 1980, ch. 452, eff from and after July 1, 1980.

§ 39-3-1. Establishment of libraries by counties and municipalities.

It is hereby declared to be the policy of this state to allow and promote the establishment and development of free public library service throughout this state as a part of its provisions for public education. “Public library” shall mean a library which provides customary services, without charge, to all the residents of a county, city or region and is supported whole or in part by public funds. Reasonable reimbursements may be collected for special library services provided these are determined in advance and in writing by the administrative board of trustees.

The board of supervisors of any county in the State of Mississippi, or other governing bodies of the counties of this state, and municipalities and towns, through their governing bodies, may establish and maintain or aid in establishing and maintaining free public libraries for the use of the citizens of the respective counties, municipalities or towns, either separately or in connection with free public libraries already established therein. For said purpose said governing body may acquire the necessary real estate either by purchase, gift or donation and may erect the necessary buildings thereon.

HISTORY: Codes, 1942, § 6200; Laws, 1938, ch. 289; Laws, 1988, ch. 589, § 8, eff from and after July 1, 1988.

§ 39-3-3. Funds for establishment and operation of libraries.

Where any public library or public library system is established under this article, either by the county board of supervisors or the governing body of a municipality, the cost of purchasing land, erecting buildings and equipping and maintaining such public library or public library system shall be paid for in whole out of the general funds of the county or municipality.

HISTORY: Codes, 1942, § 6201; Laws, 1938, ch. 289; Laws, 1958, ch. 479; Laws, 1986, ch. 400, § 21; Laws, 1988, ch. 589, § 9, eff from and after July 1, 1988.

§ 39-3-5. County library tax; additional funds for support, upkeep and maintenance.

1. Any county which supports a public library or public library system may, by order of the board of supervisors of such county, in their discretion, levy a four (4) mill tax on all taxable property within the county to be used for the support, upkeep and maintenance of any public library or public library system located in said county.
2. The taxes levied under this section shall be excluded from the revenue increase limitation imposed pursuant to Section 27-39-321.
3. In addition to the levy herein authorized, the board of supervisors of any county may, in their discretion, make contributions from any available funds for the support, upkeep and maintenance of any public library or public library system located in such county.

HISTORY: Codes, 1942, § 6200-01; Laws, 1946, ch. 203; Laws, 1950, ch. 234, §§ 1, 2; Laws, 1952, ch. 206, §§ 1, 2; Laws, 1958, ch. 229, §§ 1, 2; Laws, 1962, ch. 258; Laws, 1968, ch. 383, § 1; Laws, 1986, ch. 400, § 22; Laws, 1988, ch. 589, § 10, eff from and after July 1, 1988.

§ 39-3-7. Municipal library tax; additional funds for support, upkeep and maintenance.

1. Any municipality which supports a public library or public library system may, by order of the governing authorities of such municipality, in their discretion, levy a three (3) mill tax on all taxable property within the municipality to be used for the support, upkeep and maintenance of any public library or public library system located in said municipality.
2. The taxes levied under this section shall be excluded from the revenue increase limitation imposed pursuant to Section 27-39-321.
3. In addition to the levy herein authorized, the governing authorities of any municipality may, in their discretion, make contributions from any available funds for the support, upkeep and maintenance of any public library or public library system located in such municipality.

HISTORY: Codes, 1942, § 6200-01; Laws, 1946, ch. 203; Laws, 1950, ch. 234, §§ 1, 2; Laws, 1952, ch. 206, §§ 1, 2; Laws, 1958, ch. 229, §§ 1, 2; Laws, 1962, ch. 258; Laws, 1968, ch. 383, § 1; Laws, 1984, ch. 334; Laws, 1988, ch. 589, § 11, eff from and after July 1, 1988.

§ 39-3-8. Joint city-county public library systems.

The board of trustees of any municipal public library, or any group of municipal public libraries, and the board of trustees of any county public library system, may, with the consent of the governing body of said municipality, or municipalities, and with the consent of the board of supervisors of said county, contract with each other or among themselves, to create, maintain and support a joint city-county public library system. Such a contract shall contain such terms, agreements and conditions as may be agreed upon by the board of trustees of the municipal public library, or the public library boards of trustees of the several municipalities, and by the board of trustees of the county public library.

HISTORY: Laws, 1988, ch. 589, § 12, eff from and after July 1, 1988.

§ 39-3-9. Regional public library systems.

Two (2) or more counties by action of their boards of supervisors may join in establishing and maintaining a regional public library system under the terms of a contract to which all of the participating counties agree. The expenses of the regional public library systems shall be apportioned between or among the counties concerned on such basis as shall be agreed upon in the contract. The public library system headquarters building shall be located at a place in one of the counties to be agreed upon by the boards of supervisors of the various counties in the regional public library system.

HISTORY: Codes, 1942, § 6202; Laws, 1938, ch. 289; Laws, 1988, ch. 589, § 13, eff from and after July 1, 1988.

§ 39-3-11. Participation by municipalities in county libraries, county regional library systems or city-county library systems.

When a county public library, city-county public library system or regional public library system shall have been established under this article, any municipality which is aiding in maintaining or supporting a public library, or which desires to aid in providing public library service for that portion of the county’s residents which reside within the municipality, may participate in said county public library, city-county public library system or regional public library system. This participation shall be on such terms as may be agreed upon among the governing body of the municipality, the board of trustees of the existing municipal public library and the board of trustees of the county public library, city-county public library system or regional public library system.

HISTORY: Codes, 1942, § 6203; Laws, 1938, ch. 289; Laws, 1962, ch. 335, § 1; Laws, 1988, ch. 589, § 14, eff from and after July 1, 1988.

§ 39-3-13. Contracts by counties or municipalities for library services.

1. The governing body of any municipality may contract with the board of trustees of any established public library or public library system to receive the services of that established public library or public library system.
2. The board of supervisors of any county in the state may, with the consent of the board of trustees of an established public library system, contract for library service from any established public library system.
3. The board of trustees of any regional public library system may contract for such region to receive library service from any established public library system.
4. There shall be one (1) board of trustees in each public library system with the administrative powers and responsibilities prescribed in Section 39-3-17, Mississippi Code of 1972. Any other board of trustees within such library system shall serve in a purely advisory capacity to said administrative board. The administrative board shall be designated by contract among all such boards of trustees within the system. Advisory boards may contract with administrative boards to provide local services and policies as may be mutually agreed on. In the event an agreement cannot be reached among all such boards of trustees, the matter shall be submitted to a negotiating committee comprised of the following: two (2) persons selected by each of the boards of trustees involved in the matter plus two (2) persons selected by the Mississippi Library Commission.
5. Contracts for library services shall include, but not limited to: (a) name of library system; (b) definition of library service area; (c) name of all parties and responsibilities regarding participation in the library system, including but not limited to funding of the library system and maintenance of facilities; (d) appointment of board of trustees with the naming of the administrative board and the stated responsibilities of said boards; (e) eligibility and criteria for participation of new libraries in the library system; and (f) a stated contract review and renewal process. The contract shall provide for the dissolution of such library system including, but not limited to, the definition of assets and the procedure for the distribution of such assets.

HISTORY: Codes, 1942, § 6204; Laws, 1938, ch. 289; Laws, 1944, ch. 200, § 1; Laws, 1962, ch. 335, § 2; Laws, 1988, ch. 589, § 15, eff from and after July 1, 1988.

§ 39-3-15. Library boards of trustees; qualifications, appointment, terms of office and compensation of members.

1. 1. The management and control of a county or municipal public library shall be vested in a board of five (5) trustees, who shall be appointed by the governing authorities of the county or municipality. The first appointments shall be for the terms of one (1), two (2), three (3), four (4) and five (5) years respectively, and thereafter, a trustee shall be appointed to serve five (5) years.
   2. Notwithstanding the provisions of paragraph (1)(a) of this section, the board of supervisors of any county that borders on the Gulf of Mexico, in which Interstate 10 intersects U.S. Highway 49 and that operates a county library system may appoint, in its discretion, six (6) trustees to the county public library board. If the board of supervisors of any such county elects to appoint six (6) members to the board of trustees, the first appointments shall be for the terms of one (1), two (2), three (3), four (4), five (5) and six (6) years respectively, and thereafter a trustee shall be appointed to serve six (6) years.
2. When five (5) counties support a regional public library system, the management and control of the regional public library system shall be vested in a board of five (5) trustees. The trustees shall be appointed by the governing authorities of the counties that support the regional public library system.
3. In a regional public library system supported by less than five (5) counties, the distribution of the membership on the board of trustees shall be determined by agreement among the counties that support the regional public library system.
4. In a regional public library system of more than five (5) counties, one (1) member of the board of trustees shall be appointed by the governing authority of each county supporting the regional public library system. In the first appointments to the regional public library system board of trustees, five (5) members shall be appointed for terms of one (1), two (2), three (3), four (4) and five (5) years respectively, and any number of trustees above five (5) shall be appointed for terms of one (1) year. Thereafter, all trustees shall be appointed annually to serve five (5) years.
5. The management and control of a city-county public library system shall be vested in a board of trustees, the number of which shall be agreed upon by the board of trustees of the governing body of the municipality, or municipalities, and with the consent of the board of supervisors which have contracted with each other or among themselves, to create, maintain and support a joint city-county library system. The term of each trustee shall be for a period of five (5) years. Initial appointments to the city-county board shall be made in a manner determined by the counties and municipalities involved so that terms expire on a staggered basis.
6. Each trustee shall be a resident and qualified elector of the municipality, county or region represented by said trustee. Trustees shall be limited to two (2) consecutive terms of office in counties of over twenty thousand (20,000) population; however, there shall be no limit on the number of terms served by a trustee. In counties of less than twenty thousand (20,000) population, there shall be no limit on the number of terms served by any trustee holding office on July 1, 1988; provided, that said limitation shall be applicable to new trustees appointed subsequent to July 1, 1988. Vacancies on the board of trustees of a county public library, municipal public library, regional public library system or city-county public library system shall be filled for unexpired terms in the same manner in which members of the board were first appointed. Any trustee who shall not attend four (4) consecutive meetings of the board shall be subject to removal by the governing authority. No trustee shall receive a salary or other compensation for his service; provided, however, that all trustees shall be reimbursed for their necessary traveling expenses and mileage incident to their attendance upon the business of the board, as provided in Section 25-3-41, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6205; Laws, 1938, ch. 289; Laws, 1952, ch. 207; Laws, 1977, ch. 312; Laws, 1986, ch. 514; Laws, 1988, ch. 589, § 16; Laws, 1994, ch. 364, § 1, eff from and after July 1, 1994.

§ 39-3-17. Library boards of trustees; organization; general powers and duties.

1. The trustees of the administrative board designated pursuant to Section 39-3-13(4), immediately after their appointment or election, shall meet and organize by the election of such officers as they deem necessary. They shall (a) adopt such bylaws, rules and regulations for their own guidance and for the government of the library as they deem expedient; (b) meet at least once in each quarter; (c) have the supervision, care and custody of all property of the library, including the rooms or buildings constructed, leased or set apart therefor; (d) employ a library system director, prescribe his/her duties, fix his/her compensation, and remove him/her for cause; (e) employ, upon the recommendation of the library system director, such other staff as may be necessary and fix their compensation; (f) submit annually to the governing body a budget containing estimates for the ensuing year; (g) have exclusive control of the finances of the library system; (h) accept such gifts of money or property for library purposes as they deem expedient; (i) on recommendation of library system director purchase books, periodicals, maps, equipment, insurance and supplies for the library system; (j) dispose of equipment and discarded library materials as provided in Section 19-7-5, Mississippi Code of 1972; and (k) do all other acts necessary for the orderly and efficient management and control of the library system. But no expenditure made or contracted by the trustees shall be binding on any county or municipality so as to require any payment in excess of funds made available for library purposes under this article.
2. There shall be one (1) library director for each library system. Said library system director shall have such educational qualifications as are prescribed by the Mississippi Library Commission. The library system director shall administer and establish procedures according to policies established by the administrative board of trustees. His or her duties shall include: (a) employment of staff with the approval of the board of trustees; (b) prescription of staff duties; (c) removal of staff for cause; (d) preparation of the budget; (e) financial and statistical management; (f) reporting to board of trustees; and (g) other acts necessary for the orderly and efficient administration of the library system.
3. In the event that a determination is made by the library system director to remove a staff member for cause, written notice of such decision shall be given to such staff member. A staff member who has received such notice shall be entitled to:
   1. Written notice of the reasons for such action, together with a summary of the factual basis therefor, which notice shall be given at least five (5) days prior to any hearing;
   2. An opportunity for a hearing before the board of trustees at which to present matters relevant to the reasons given for the decision, including any reasons alleged by the employee to be the reason for such action;
   3. Receive a fair and impartial hearing before the board;
   4. Be represented by legal counsel, at his own expense.

      If the staff member does not request a hearing, the decision of the director shall be final.

4. On at least a bi-monthly basis, the board of supervisors of each county and the governing authority of each municipality supporting a public library system shall transmit its warrant or warrants constituting one-sixth ( 1/6) of the annual appropriation for the support and maintenance thereof to the library director of such system. All such warrants shall be deposited in one or more public depositories previously selected by the board of trustees of the library system. The said board of trustees shall, by appropriate order spread upon its minutes, authorize the library director to expend such funds for lawful purposes only and in accordance with its annual budget previously adopted. All such funds shall be placed in the depository or depositories selected by the administrative library board of trustees in the same manner as provided in Section 27-105-305 for the selection of county depositories, provided that the selection shall be effective on July 1 of each year. Such depository shall place on deposit with the library director the same securities as required in Section 27-105-315.

HISTORY: Codes, 1942, § 6206; Laws, 1938, ch. 289; Laws, 1988, ch. 589, § 17, eff from and after July 1, 1988.

§ 39-3-19. Library boards of trustees; annual reports.

At the close of each year the administrative board of trustees of every public library system shall make a report to the governing body in the county or counties or municipality or municipalities wherein the board serves, showing the condition of the trust during the year, the sums of money received for the library fund from taxes and other sources, the sums of money expended and the purposes of the expenditures, the number of books and periodicals on hand, the number added during the year, the number withdrawn, the number loaned out, and such other statistics and information and such suggestions as the administrative board of trustees deems of public interest. A copy of this report shall be filed in the State Library Commission.

HISTORY: Codes, 1942, § 6207; Laws, 1938, ch. 289; Laws, 1988, ch. 589, § 18, eff from and after July 1, 1988.

§ 39-3-20. Sabbatical leave for professional library staff.

1. Professional library staff members of a public library shall be eligible for sabbatical leave for the purpose of professional improvement, for not more than one (1) year immediately following any six (6) or more consecutive years of active service in the libraries of this state. Absence on sick leave shall not be deemed to interrupt the active service herein provided for. Sabbatical leave for professional library staff members shall only be granted with the approval of the administrative board of trustees.
2. Applications for sabbatical leave may be made to the administrative board of trustees of such library system, with the approval of the library director of such system. Any person who is granted a sabbatical leave and who fails to comply with the provisions of such leave may have his/her leave terminated by the administrative board of trustees. No person on sabbatical leave can be denied any regular increment of increase in salary because of absence on sabbatical leave. Service on sabbatical leave shall count as active service for the purpose of retirement and contributions to the retirement fund shall be continued.
3. In no instance shall leave be granted unless there is a contract providing for continued service, after expiration of the leave, in the library system where the person is employed.
4. Each person granted sabbatical leave may receive and be paid compensation up to the rate of fifty percent (50%) of such person’s annual salary. Compensation payable to persons on sabbatical leave shall be paid at the same time and in the same manner salaries of the other members of the library system are paid.

HISTORY: Laws, 1988, ch. 389, § 19, eff from and after July 1, 1988.

§ 39-3-21. Free use of libraries; reimbursements for services.

Every public library or public library system established or maintained under this article shall be free for the use of the residents of the territory included within the library service area, subject to such reasonable rules and regulations as the administrative board of trustees finds necessary. Reasonable reimbursements may be collected for special library services, provided these are determined in advance and in writing by the administrative board of trustees.

HISTORY: Codes, 1942, § 6208; Laws, 1938, ch. 289; Laws, 1988, ch. 589, § 20, eff from and after July 1, 1988.

§ 39-3-23. Construction of article.

This article shall not be construed to abrogate the force of charter provisions or any local act governing existing public libraries. This article shall be construed as additional and supplemental to subsection (j) of Section 19-5-93, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 6209; Laws, 1938, ch. 289.

§ 39-3-101. Creation; composition; qualifications, appointment and terms of office of members.

There is hereby created a board of commissioners of the Mississippi Library Commission to be composed of five members appointed by the governor with overlapping terms, the members of the first board to be appointed one for one year, one for two years, one for three years, one for four years, one for five years, and their successors each to be appointed for five year terms, each member to serve until his successor is appointed. Two members shall be appointed by the governor from the state at large. Two members shall be appointed by the governor from a list of not less than six names submitted by the Mississippi library association, one of whom shall be a librarian who is a graduate of a library school accredited by the American Library Association and actively engaged in full time library work at the time of the appointment and one of whom shall be, at time of the appointment, a member of a legally organized board of trustees of a Mississippi free public library; and one member shall be the president of the Mississippi Federation of Women’s Clubs, or a member of said federation recommended by her; and which federation member shall, when appointed, serve a full term as herein provided for members to serve under a staggered term basis, and the successor to the federation member shall be the president of the federation then serving, or a member of the federation recommended by her, when the term of the federation member shall expire; and after the appointment of a federation member to the board, and when her term as a member thereof shall expire, each succeeding member of the federation who becomes a member of the board shall serve a full term under the provisions of this article. Vacancies created by resignation shall be filled by appointment for the unexpired term.

HISTORY: Codes, 1942, § 6210-01; Laws, 1950, ch. 363, §§ 1, 2, eff from and after June 30, 1950.

§ 39-3-103. Organizational meeting; officers.

Within thirty days after the selection and appointment of the first board of commissioners the members shall meet at the headquarters of the Mississippi Library Commission in Jackson, Mississippi, and organize, setting up such policies as are deemed necessary and not inconsistent with this article. They shall elect annually from their membership a chairman and a secretary.

HISTORY: Codes, 1942, § 6210-02; Laws, 1950, ch. 363, § 3, eff from and after June 30, 1950.

§ 39-3-105. Director.

1. The board of library commissioners shall elect a director whose term of office shall be for a period of four years, unless, for good cause shown, the board of library commissioners removes said director.
2. The director shall be chosen outside the membership of the board of library commissioners, and shall be a trained, experienced librarian holding a degree from a college or university of recognized standing. The director shall have completed the required course covered in a school of library service accredited by the American Library Association and shall have had at least two years’ experience as an administrative librarian or director of a state or public library. The director shall keep an accurate record of all accounts and financial transactions of the board, shall have charge of organizing new libraries and directing library development in the state, so as to give and furnish every citizen and resident of the state free library service of the highest quality consistent with modern methods and as may be justified by financial and economic conditions, and shall have all general administrative duties incident to carrying on the work of the Mississippi Library Commission. All necessary and actual traveling expense incurred by the members of the Mississippi Library Commission, and by the director or any member of the staff, acting under the authority and direction of the board of commissioners, while on business for the Mississippi Library Commission, shall be paid from the funds appropriated and made available for use, maintenance and operation of the Mississippi Library Commission. In addition to the director, the board of library commissioners may employ, upon recommendations of the director, such other persons as may be deemed necessary to carry out the purposes of this article.

HISTORY: Codes, 1942, § 6210-03; Laws, 1950, ch. 363, §§ 4, 5, eff from and after June 30, 1950.

§ 39-3-107. General powers and duties of commission.

The Mississippi Library Commission, upon request, shall give advice to all schools, public and other libraries, and to all communities which may propose to establish them, as to the best means of establishing and maintaining such libraries, the selection of books, cataloging and other details of library management. It may also purchase and operate traveling libraries, and circulate such traveling libraries within the state among communities, libraries, schools, colleges, universities, library associations, study clubs, charitable and penal institutions free of cost, except for transportation, and establish county and regional libraries and use any funds, separate and apart from the general library commission funds, which might come into its custody from any source, for such purpose, and for the purpose of establishing, stimulating, increasing, improving and equalizing library service in the various counties within the state, under such rules for safekeeping, preservation, care, handling of the books and allocation of the funds as may be fixed by the commission. It may publish such lists and circulars of information as it shall deem necessary, and it may also conduct a summer school of library instruction and a clearinghouse for periodicals for free gifts to local libraries. The commission shall each year obtain from all libraries in the state reports showing the condition, growth, development and manner of conducting such libraries, together with such other facts and statistics regarding the same as may be deemed of public interest by the commission, and it shall be the duty of the board of the Mississippi Library Commission to make an annual report to the Legislature of the facts of public interest and value in relation to the work of the commission. The Mississippi Library Commission shall adopt rules and regulations relative to the allocation of state aid funds to public library systems.

HISTORY: Codes, 1930, § 5391; 1942, §§ 6210-04, 6213; Laws, 1926, ch. 180; Laws, 1940, ch. 143; Laws, 1950, ch. 363, § 6; Laws, 1970, ch. 358, § 1, ch. 359, § 1; Laws, 1988, ch. 589, § 21, eff from and after July 1, 1988.

§ 39-3-109. How funds drawn.

The board of commissioners of the Mississippi Library Commission may from time to time as needed draw an order signed by the director and the chairman in favor of any party to whom money is due stating in such order what the money is to be used for, and, upon presentation of such order, the state auditor shall draw his warrant upon the state treasurer for the amount therefor not to exceed the amount of the appropriation for the purposes of the Mississippi Library Commission.

HISTORY: Codes, 1942, § 6210-05; Laws, 1950, ch. 363, § 7, eff from and after June 30, 1950.

§ 39-3-111. Acceptance of gifts and federal funds.

The board of commissioners of the Mississippi Library Commission may accept in the name of the state gifts of money, real estate, books, periodicals, or other property for the purpose of promoting the work of the Mississippi Library Commission, and may accept and administer any funds which might be provided by the federal government for library purposes.

HISTORY: Codes, 1942, § 6210-06; Laws, 1950, ch. 363, § 8, eff from and after June 30, 1950.

§ 39-3-201. Enactment and terms of compact.

The Interstate Library Compact is hereby enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

INTERSTATE LIBRARY COMPACT

Article I. Policy and Purpose

Because the desire for the services provided by libraries transcends governmental boundaries and can most effectively be satisfied by giving such services to communities and people regardless of jurisdictional lines, it is the policy of the states party to this compact to cooperate and share their responsibilities; to authorize cooperation and sharing with respect to those types of library facilities and services which can be more economically or efficiently developed and maintained on a cooperative basis, and to authorize cooperation and sharing among localities, states and others in providing joint or cooperative library services in areas where the distribution of population or of existing and potential library resources make the provision of library service on an interstate basis the most effective way of providing adequate and efficient service.

Article II. Definitions

As used in this compact:

“Public library agency” means any unit or agency of local or state government operating or having power to operate a library.

“Private library agency” means any nongovernmental entity which operates or assumes a legal obligation to operate a library.

“Library agreement” means a contract establishing an interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.

Article III. Interstate Library Districts

Any one or more public library agencies in a party state in cooperation with any public library agency or agencies in one or more other party states may establish and maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states which pursuant hereto remain applicable, such district may establish, maintain and operate some or all of the library facilities and services for the area concerned in accordance with the terms of a library agreement therefor. Any private library agency or agencies within an interstate library district may cooperate therewith, assume duties, responsibilities and obligations thereto, and receive benefits therefrom as provided in any library agreement to which such agency or agencies become party.

Within an interstate library district, and as provided by a library agreement, the performance of library functions may be undertaken on a joint or cooperative basis or may be undertaken by means of one or more arrangements between or among public or private library agencies for the extension of library privileges to the use of facilities or services operated or rendered by one or more of the individual library agencies.

If a library agreement provides for joint establishment, maintenance or operation of library facilities or services by an interstate library district, such district shall have power to do any one or more of the following in accordance with such library agreement:

1. Undertake, administer and participate in programs or arrangements for securing, lending or servicing of books and other publications, any other materials suitable to be kept or made available by libraries, library equipment or for the dissemination of information about libraries, the value and significance of particular items therein, and the use thereof.

2. Accept for any of its purposes under this compact any and all donations, and grants of money, equipment, supplies, materials, and services, (conditional or otherwise) from any state or the United States or any subdivision or agency thereof, or interstate agency, or from any institution, person, firm or corporation, and receive, utilize and dispose of the same.

3. Operate mobile library units or equipment for the purpose of rendering bookmobile service within the district.

4. Employ professional, technical, clerical, and other personnel, and fix terms of employment, compensation and other appropriate benefits; and where desirable, provide for the inservice training of such personnel.

5. Acquire, hold, and dispose of any real or personal property or any interest or interests therein as may be appropriate to the rendering of library service.

6. Construct, maintain and operate a library, including any appropriate branches thereof.

7. Do such other things as may be incidental to or appropriate for the carrying out of any of the foregoing powers.

Article IV. Interstate Library Districts, Governing Board

An interstate library district which establishes, maintains or operates any facilities or services in its own right shall have a governing board which shall direct the affairs of the district and act for it in all matters relating to its business. Each participating public library agency in the district shall be represented on the governing board which shall be organized and conduct its business in accordance with provision therefor in the library agreement. But in no event shall a governing board meet less often than twice a year.

Any private library agency or agencies party to a library agreement establishing an interstate library district may be represented on or advise with the governing board of the district in such manner as the library agreement may provide.

Article V. State Library Agency Cooperation

Any two or more state library agencies of two or more of the party states may undertake and conduct joint or cooperative library programs, render joint or cooperative library services, and enter into and perform arrangements for the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of expense, rarity, specialized nature, or infrequency of demand therefor would be appropriate for central collection and shared use. Any such programs, services or arrangements may include provision for the exercise on a cooperative or joint basis of any power exercisable by an interstate library district and an agreement embodying any such program, service or arrangement shall contain provisions covering the subjects detailed in Article VI of this compact for interstate library agreements.

Article VI. Library Agreement

In order to provide for any joint or cooperative undertaking pursuant to this compact, public and private library agencies may enter into library agreements. Any agreement executed pursuant to the provisions of this compact shall, as among the parties to the agreement:

1. Detail the specific nature of the services, programs, facilities, arrangements or properties to which it is applicable.

2. Provide for the allocation of costs and other financial responsibilities.

3. Specify the respective rights, duties, obligations and liabilities of the parties.

4. Set forth the terms and conditions for duration, renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be appropriate to the proper effectuation and performance of the agreement.

No public or private library agency shall undertake to exercise itself, or jointly with any other library agency, by means of a library agreement any power prohibited to such agency by the constitution or statutes of its state.

No library agreement shall become effective until filed with the compact administrator of each state involved, and approved in accordance with Article VII of this compact.

Article VII. Approval of Library Agreements

Every library agreement made pursuant to this compact shall, prior to and as a condition precedent to its entry into force, be submitted to the attorney general of each state in which a public library agency party thereto is situated, who shall determine whether the agreement is in proper form and compatible with the laws of his state. The attorneys general shall approve any agreement submitted to them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted hereunder within ninety days of its submission shall constitute approval thereof.

In the event that a library agreement made pursuant to this compact shall deal in whole or in part with the provision of services or facilities with regard to which an officer or agency of the state government has constitutional or statutory powers of control, the agreement shall, as a condition precedent to its entry into force, be submitted to the state officer or agency having such power of control and shall be approved or disapproved by him or it as to all matters within his or its jurisdiction in the same manner and subject to the same requirements governing the action of the attorneys general pursuant to paragraph (a) of this article. This requirement of submission and approval shall be in addition to and not in substitution for the requirement of submission to and approval by the attorneys general.

Article VIII. Other Laws Applicable

Nothing in this compact or in any library agreement shall be construed to supersede, alter or otherwise impair any obligation imposed on any library by otherwise applicable law, nor to authorize the transfer or disposition of any property held in trust by a library agency in a manner contrary to the terms of such trust.

Article IX. Appropriations and Aid

Any public library agency party to a library agreement may appropriate funds to the interstate library district established thereby in the same manner and to the same extent as to a library wholly maintained by it and, subject to the laws of the state in which such public library agency is situated, may pledge its credit in support of an interstate library district established by the agreement.

Subject to the provisions of the library agreement pursuant to which it functions and the laws of the states in which such district is situated, an interstate library district may claim and receive any state and federal aid which may be available to library agencies.

Article X. Compact Administrator

Each state shall designate a compact administrator with whom copies of all library agreements to which his state or any public library agency thereof is party shall be filed. The administrator shall have such other powers as may be conferred upon him by the laws of his state and may consult and cooperate with the compact administrators of other party states and take such steps as may effectuate the purposes of this compact. If the laws of a party state so provide, such state may designate one or more deputy compact administrators in addition to its compact administrator.

Article XI. Entry Into Force and Withdrawal

This compact shall enter into force and effect immediately upon its enactment into law by any two states. Thereafter, it shall enter into force and effect as to any other state upon the enactment thereof by such state.

This compact shall continue in force with respect to a party state and remain binding upon such state until six months after such state has given notice to each other party state of the repeal thereof. Such withdrawal shall not be construed to relieve any party to a library agreement entered into pursuant to this compact from any obligation of that agreement prior to the end of its duration as provided therein.

Article XII. Construction and Severability

This compact shall be liberally construed so as effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

HISTORY: Codes, 1942, § 6209-21; Laws, 1970, ch. 459, § 1, eff from and after passage (approved April 6, 1970).

§ 39-3-203. Agreements for construction or maintenance of interstate libraries; compliance with other governing laws.

No county, municipality, or other political subdivision of this state shall be party to a library agreement which provides for the construction or maintenance of a library pursuant to Article III, subdivision (c) 7 of the compact, nor pledge its credit in support of such a library, or contribute to the capital financing thereof, except after compliance with any laws applicable to such counties, municipalities, or other political subdivisions relating to or governing capital outlaws and the pledging of credit.

HISTORY: Codes, 1942, § 6209-22; Laws, 1970, ch. 459, § 2, eff from and after passage (approved April 6, 1970).

§ 39-3-205. State library agency defined.

As used in the compact, “state library agency” with reference to this state, means the Mississippi Library Commission.

HISTORY: Codes, 1942, § 6209-23; Laws, 1970, ch. 459, § 3, eff from and after passage (approved April 6, 1970).

§ 39-3-207. Eligibility for aid of district partly within state.

An interstate library district lying partly within this state may claim and be entitled to receive state aid in support of any of its functions to the same extent and in the same manner as such functions are eligible for support when carried on by entities wholly within this state. For the purposes of computing and apportioning state aid to an interstate library district, this state will consider that portion of the area which lies within this state as an independent entity for the performance of the aided function or functions and compute and apportion the aid accordingly. Subject to any applicable laws of this state, such a district also may apply for and be entitled to receive any federal aid for which it may be eligible.

HISTORY: Codes, 1942, § 6209-24; Laws, 1970, ch. 459, § 4, eff from and after passage (approved April 6, 1970).

§ 39-3-209. Compact administrator and deputy administrators.

The director of the Mississippi Library Commission shall be the compact administrator pursuant to Article X of the compact. The director of the Mississippi Library Commission may appoint one or more deputy compact administrators pursuant to said article.

HISTORY: Codes, 1942, § 6209-25; Laws, 1970, ch. 459, § 5, eff from and after passage (approved April 6, 1970).

§ 39-3-211. Notices in event of withdrawal from compact.

In the event of withdrawal from the compact the governor shall send and receive any notices required by Article XI(b) of the compact.

HISTORY: Codes, 1942, § 6209-26; Laws, 1970, ch. 459, § 6, eff from and after passage (approved April 6, 1970).

§ 39-3-301. Short title.

This article shall be known and may be cited as the “Mississippi Library Materials Security Law.”

HISTORY: Laws, 1978, ch. 418, § 1, eff from and after July 1, 1978.

§ 39-3-303. Unauthorized removal or wilful mutilation of library materials.

1. It shall be unlawful for any person to remove library materials, without authorization, from the premises wherein such materials are maintained or to retain possession of library materials without authorization.
2. It shall be unlawful for any person to wilfully mutilate library materials.

HISTORY: Laws, 1978, ch. 418, § 2, eff from and after July 1, 1978.

§ 39-3-305. Definitions.

As used in this article the term:

“Without authorization” means contrary to rules which set forth policies governing access to library materials and include eligibility for library patronage and lending procedures.

“Library materials” means books, manuscripts, letters, newspapers, court records, films, microfilms, tape recordings, phonograph records, lithographs, prints, photographs or any other written or printed document, graphic material of any nature and other personal property which is the property or in the custody of or entrusted to a public or private library, museum, archives or other depository.

“Mutilate” means, in addition to its commonly accepted definition, the willful removal or separation of constituent parts of an item of library materials causing library materials to be exposed to damage; or duplication without authorization.

HISTORY: Laws, 1978, ch. 418, § 3, eff from and after July 1, 1978.

§ 39-3-307. Applicability of article.

The provisions of this article shall apply to all libraries, museums, archives and other depositories operated by an agency, board, commission, department or officer of the State of Mississippi, by private persons, societies or organizations, or by agencies or officers of municipalities, counties, school and junior college districts or of any other political subdivisions of the State of Mississippi.

HISTORY: Laws, 1978, ch. 418, § 4, eff from and after July 1, 1978.

§ 39-3-309. Penalties for violations of § 39-3-303.

Any person who violates the provisions of section 39-3-303 is guilty of a misdemeanor and shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed six (6) months, or by both such fine and imprisonment.

HISTORY: Laws, 1978, ch. 418, § 5, eff from and after July 1, 1978.

§ 39-3-311. Construction of article; effect of acquittal or conviction upon subsequent proceedings.

The provisions of this article are supplemental to other criminal statutes. An acquittal or conviction obtained under this article shall not be a bar to civil proceedings or actions arising from the same incident.

HISTORY: Laws, 1978, ch. 418, § 6, eff from and after July 1, 1978.

§ 39-3-313. Detention and questioning of suspects.

Any person employed by a library or any person charged with the supervision thereof with reason to believe that any person has committed or has attempted to commit any offense defined in section 39-3-303 of this article or if any person is believed to have concealed upon his person or within his belongings any library material, such person may be detained and questioned in a reasonable manner for the purpose of ascertaining whether or not such offense has been committed. Such detention and questioning shall not render such employee civilly liable for slander, false arrest, false imprisonment, malicious prosecution, unlawful detention or otherwise in any case where such library employee acts in good faith and in a reasonable manner.

HISTORY: Laws, 1978, ch. 418, § 7, eff from and after July 1, 1978.

§ 39-3-351. Short title.

This article shall be known and may be cited as the “Mississippi Statewide Library Development System Act of 1988.”

HISTORY: Laws, 1988, ch. 589, § 1, eff from and after July 1, 1988.

§ 39-3-353. Definitions.

For purposes of this article:

“Administrative board” shall mean that board of trustees within a public library system designated pursuant to Section 39-3-13(4), Mississippi Code of 1972, with the administrative responsibilities prescribed under Section 39-3-17, Mississippi Code of 1972.

“Commission” means the Mississippi Library Commission established under Section 39-3-101, Mississippi Code of 1972.

“Cooperative” means any joint effort by two (2) or more library systems to improve library service.

“Development system” means the statewide library development system, a network of public and nonpublic libraries cooperating in communities, districts and statewide to provide better library service.

“Public library” means a library which provides customary services, without charge, to all the residents of a county, city or region and is supported whole or in part by public funds.

“Public library system” means an affiliation of one or more public libraries that (i) is a minimum of one (1) county unit; (ii) has one (1) library administrative board of trustees; (iii) has one (1) library system director; (iv) is established according to Section 39-3-8, 39-3-9, 39-3-11 or 39-3-13, Mississippi Code of 1972; and (v) is supported whole or in part by public funds.

“Nonpublic library” means a school, college or university, medical, business, law or other special library.

HISTORY: Laws, 1988, ch. 589, § 2, eff from and after July 1, 1988.

§ 39-3-355. Committee to develop system of public service incentives within public library accreditation program.

The Mississippi Library Commission shall be responsible for developing a system of public service incentives within a public library accreditation program on the recommendation of a committee of qualified public library professionals and trustees. The committee of fifteen (15) members shall be appointed by the Mississippi Library Commission Board of Commissioners as follows: seven (7) public library trustees with at least one (1) from each congressional district; five (5) professional public librarians, one (1) appointed by each commissioner; and three (3) at-large members.

HISTORY: Laws, 1988, ch. 589, § 3, eff from and after July 1, 1988.

§ 39-3-357. State aid to accredited public library systems.

Each accredited public library system shall receive an annual allocation of state funds to supplement the local appropriation and other income. Library cooperatives which include accredited public library systems may receive state aid. The state aid shall be used only to support library services in accredited public library systems and in cooperatives including accredited public library systems. The amount of the minimum allocation for each public library system shall be based on specific local service levels of the public library system and as identified by accreditation category.

HISTORY: Laws, 1988, ch. 589, § 4, eff from and after July 1, 1988.

§ 39-3-359. Library commission as primary resource library; commission to provide services to libraries.

The commission shall be the primary resource library for Mississippi public libraries and shall develop its collection accordingly. The commission shall provide services to libraries within the funds available and in keeping with the goal of efficient use of library resources in the state.

HISTORY: Laws, 1988, ch. 589, § 5, eff from and after July 1, 1988.

§ 39-3-361. Authorization to employ consultants and other staff.

The commission may employ consultants and other staff to implement the development system by working with cooperatives and public library systems.

HISTORY: Laws, 1988, ch. 589, § 6, eff from and after July 1, 1988.

§ 39-3-363. Development of statewide master plan for public libraries.

The commission shall develop a statewide master plan for public libraries, including plans for levels of library services and resources, which is developed through a continuing process of planning. The master plan must be designed to extend five (5) years into the future and must be made current at least every two (2) years.

HISTORY: Laws, 1988, ch. 589, § 7, eff from and after July 1, 1988.

§ 39-3-365. Confidentiality of library user records.

Records maintained by any library funded in whole or in part by public funds, which contain information relating to the identity of a library user, relative to the user’s use of books or other materials at the library, shall be confidential. Such records may only be released with the express written permission of the respective library user or as the result of a court order.

HISTORY: Laws, 1992, ch. 521, § 1, eff from and after July 1, 1992.

§ 39-3-367. Release and use of aggregate statistics.

Aggregate statistics shown from registration and circulation records, with all personal identification removed, may be released or used by a library for research, planning and reporting purposes.

HISTORY: Laws, 1992, ch. 521, § 2, eff from and after July 1, 1992.

§ 39-3-369. Use of records for purpose of collecting overdue materials and fines.

No provision of this article shall be construed to prohibit any library, or any business operating jointly with a library, from disclosing information for the purpose of collecting overdue books, documents, films or other items or materials owned or otherwise belonging to such library. No provision of this article shall be construed to prohibit or hinder any such library or business office from collecting fines on such overdue books, documents, films or other items or materials.

HISTORY: Laws, 1992, ch. 521, § 3, eff from and after July 1, 1992.

§ 39-5-1. Department of archives and history created; objects and purposes.

There shall be for the State of Mississippi a department of archives and history located in the state capitol in apartments set aside for its use by the governor. The objects and purposes of the department are the care and custody of official archives, the collecting of materials bearing upon the history of the state and of the territory included therein, from the earliest times, the editing of official records and other historical material, the diffusion of knowledge in reference to the history and resources of this state, the preparation and publication of annual reports, the encouragement of historical work and research and the performance of such other acts and requirements as may be enjoined by law.

HISTORY: Codes, 1906, § 1633; Hemingway’s 1917, § 3447; 1930, § 3626; 1942, § 6180.

§ 39-5-3. Department board of trustees generally.

The department of archives and history shall be under the control of a board of nine trustees. The board shall have the power and authority to fill all vacancies occurring therein, whether by expiration of term of service or by death or resignation, but the names of all newly elected members shall be communicated to the next ensuing session of the state senate for confirmation, and in case it shall reject any of the said newly elected trustees it shall proceed forthwith to fill the vacancy or vacancies by an election. All trustees chosen to succeed the present members or their successors shall serve for a term of six years. The board of trustees shall hold at the state capitol at least one regular meeting during the year, and as many special meetings as may be necessary, and at said meetings five members shall constitute a quorum. The director of the department of archives and history, hereinafter provided, shall be secretary of the board. The trustees shall receive no compensation for their services other than the amount of their necessary expenses actually paid out while in attendance on the meetings of the board or the business of the department. The board is empowered to adopt rules for its own government and for the government of the department, to elect and fix the compensation of a director not to exceed the maximum set by the legislature, and other officials or employees, and to do and perform such other acts and things as may be necessary to carry out the true intent and purposes of this chapter.

HISTORY: Codes, 1906, § 1634; Hemingway’s 1917, § 3448; 1930, § 3627; 1942, § 6181; Laws, 1960, ch. 237; Laws, 1966, ch. 445, § 16, eff from and after July 1, 1966.

§ 39-5-5. General powers and duties of board of trustees.

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:

To determine the location of places of historical interest within the state;

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;

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;

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;

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;

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; and

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.

HISTORY: Codes, 1942, § 6181.5; Laws, 1968, ch. 501, § 1; Laws, 1979, ch. 438, § 13; Laws, 1990, ch. 502, § 4, eff from and after July 1, 1990.

§ 39-5-6. Powers and duties of board of trustees with respect to governor’s mansion; employment of and powers and duties of curator of New Capitol Building.

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:

To promulgate rules and regulations governing the use of the historic portion of the Governor’s Mansion;

To promulgate rules and regulations governing the acquisition of furniture and furnishings, including, but not limited to, carpets, rugs, paintings, draperies and objects of art, for the original or historic portion of the Governor’s Mansion;

To employ a curator of the mansion who shall have the following duties:

To maintain a descriptive inventory of and be responsible for the care and custody of all furniture and furnishings in the Governor’s Mansion that have been catalogued by the Department of Archives and History, including flat silver and silver hollowware. However, the Department of Finance and Administration shall maintain a descriptive inventory of and be responsible for the care and custody of all publicly owned furniture and furnishings in the Governor’s Mansion that have not been catalogued by the Department of Archives and History, including flat silver and silver hollowware; and

To conduct an educational training program for staff and volunteer guides who may conduct tours of the mansion when it is open to the public at specified times agreed upon by the Governor;

To promote the donation or loaning of money or property, real or personal, from any agency of the United States, state or local government, any person, firm, corporation, association or group, for the purpose of furnishing or decorating the original or historic portion of the Governor’s Mansion;

To accept such donations of money or property, real or personal, from any agency of the United States, state or local government, any person, firm, corporation, association or group, for the purpose of furnishing or decorating the original or historic portion of the Governor’s Mansion, provided that the board of trustees shall not be required to accept any donation of furniture or furnishings without its consent;

To sell, donate or otherwise dispose of unused surplus property of the Governor’s Mansion, excluding any property located in the mansion which belongs to the Governor’s Office, and to deposit the proceeds of such sales in the Governor’s Mansion Fund of the Board of Trustees of the Department of Archives and History for use, in the board’s discretion, in acquiring furniture or furnishings, including, but not limited to, carpets, rugs, paintings, draperies and objects of art, for the original or historic portion of the Governor’s Mansion;

To review and approve any major changes in the architecture, furniture, furnishings, decoration or landscaping of the grounds of the Governor’s Mansion; and

To employ a Curator of the New Capitol Building, who shall have the following powers and duties:

To oversee, initiate, approve and monitor the care of the New Capitol Building and grounds to ensure long-term preservation, conservation and maintenance of the building, historic furnishings and grounds;

To coordinate with personnel of the Department of Finance and Administration and the project professionals on any repair, renovation or restoration plans for the New Capitol Building or grounds, ensuring that all work is in accordance with the Secretary of the Interior’s Standards for Rehabilitation;

To request quotations for projects at the New Capitol Building or grounds upon instructions from the Department of Finance and Administration; apply for permits from the Department of Archives and History when applicable; request that projects be initiated through the proper agency and serve as the in-house professional depending upon the scope of work; and maintain contact with any project professional involved in a project, beginning with the bid or quote process through initiation and completion of the project;

To coordinate special state events held at the New Capitol Building or grounds other than those held in the Chambers of the House of Representatives or the Senate;

To serve as a liaison to the Clerk of the House of Representatives, Secretary of the Senate, Department of Finance and Administration, Department of Archives and History and project professionals on all projects at the New Capitol Building or grounds;

To coordinate with the Capitol Hostess on tours and events for the public held at the New Capitol Building or grounds; and

To perform such other duties relating to the New Capitol Building or grounds as prescribed by the director of the department.

HISTORY: Laws, 1974, ch. 337; Laws, 1979, ch. 438, § 14 1980, ch. 349, § 1; Laws, 2012, ch. 487, § 1, eff from and after July 1, 2012.

§ 39-5-7. Director of department.

The department of archives and history shall be under the immediate management and control of a director, to be elected by the board of trustees, whose term of office shall be six years, and until his successor is elected and qualified. He shall take an oath of office as do other state officials, and shall be commissioned in like manner. He shall have authority to adopt a seal for use in official business. He shall devote his time to the work of the department, using his best endeavor to develop and build it up, so as to carry out the design of its creation. He shall have the control and direction of the work and operations of the department, and shall preserve its collection, care for the official archives that may come into his custody, collect, as far as possible, all materials bearing upon the history of the state and the territory included therein from the earliest times, prepare the official registers hereinafter provided, and diffuse knowledge in reference to the history and resources of the state. The director of the department shall make a report of the expenses of the department to the legislature of the state as state officers.

HISTORY: Codes, 1906, § 1635; Hemingway’s 1917, § 3449; 1930, § 3628; 1942, § 6182.

§ 39-5-9. Local Government Records Office.

A Local Government Records Office is established within the Department of Archives and History. The office shall begin operation when sufficient funds therefor have accumulated in the Local Government Records Management Fund established in Section 25-60-5. The office shall have the following powers and duties as well as any others which are prescribed by law elsewhere or assigned to the office by the director of the department:

Provide and coordinate education and training for counties and municipalities on records management issues.

Establish records management standards to guide counties and municipalities, such standards to include, but not be limited to, guidelines for microfilm production and storage, electronic records security and migration, records preservation, imaging and records storage.

Prepare records control schedules for adoption or amendment by the Local Government Records Committee established in Section 25-60-1. In the preparation of the schedules and amendments thereto, the office shall seek input from interested citizens and organizations.

Establish standards for records storage areas of local governmental bodies, such standards to include, but not be limited to, guidelines for the selection of an off-site storage facility for records of enduring or archival value.

HISTORY: Laws, 1996, ch. 537, § 2; Laws, 1997, ch. 452, § 3; Laws, 2006, ch. 495, § 4, eff from and after July 1, 2006.

§ 39-5-11. Surrender of official books, records, etc., to department.

Any state, county, municipal or other official is hereby authorized and empowered, in his discretion, to turn over to the department for permanent preservation therein, any official books, records, documents, original papers, newspaper files and printed books not in current use in their offices. When so surrendered copies therefrom shall be made and certified by the director upon the application of any person interested, which certification shall have all the force and effect as if made by the officer originally in the custody of them, and for which the same fees shall be charged, to be collected in advance.

HISTORY: Codes, 1906, § 1636; Hemingway’s 1917, § 3450; 1930, § 3629; 1942, § 6183.

§ 39-5-13. Surrender of historical portraits to department.

The county boards of supervisors are hereby authorized and empowered to turn over to the department historical portraits which may be the property of the counties, and to make appropriations, on application of the director, for the purpose of placing oil portraits of distinguished citizens of Mississippi in the state’s hall of fame. The selection of such portraits shall be made at the request and under the direction of the board of trustees of the department.

HISTORY: Codes, 1906, § 1637; Hemingway’s 1917, § 3451; 1930, § 3630; 1942, § 6184.

§ 39-5-15. Official and statistical register.

An official and statistical register of the State of Mississippi shall be compiled by the Secretary of State after each general election, to contain brief sketches of the several state officials, the members of Congress from Mississippi, the Supreme Court judges, the members of the Senate and House of Representatives of the State of Mississippi; a roster of all state and county officials, lists of all state institutions, with officials; state and county population and election statistics, and miscellaneous statistics. This register shall be published in an amount not to exceed forty thousand (40,000) and shall be for free distribution, the printing and the binding to be paid for as is other public printing and binding. Its distribution shall be paid out of the fund provided for the distribution of other public documents. This register shall have printed on the title page the following statement: “This book was paid for by the taxpayers of the State of Mississippi and authorized by the Mississippi Legislature.”

HISTORY: Codes, 1906, § 1638; Hemingway’s 1917, § 3452; 1930, § 3631; 1942, § 6185; Laws, 1948, ch. 423, § 1; Laws, 1964, ch. 380; Laws, 2001, ch. 501, § 1, eff from and after July 1, 2001.

§ 39-5-17. Acquisition of historic or prehistoric ruins, etc.

The board of supervisors of any county in the state, in its discretion, shall be authorized to acquire title by gift or grant the site of any historic or prehistoric ruin or monument or any object of historical, archeological or scientific value situated in said county, for public parks and reservations to be devoted solely to the educational and recreational advantages of the people, upon the written permission of the director of the department of archives and history of the State of Mississippi. Said board shall be authorized to expend in the maintenance of said public parks and reservations an amount not exceeding one hundred dollars ($100.00) per annum out of the general funds of said county.

HISTORY: Codes, 1942, § 6191; Laws, 1938, ch. 309.

§ 39-5-19. Restoration and maintenance of abandoned cemeteries.

Upon the official certificate of the trustees of the state department of archives and history that any abandoned cemetery is of historical significance and should be repaired, rehabilitated, or maintained as a historical monument, the boards of supervisors of the respective counties in this state are hereby authorized and empowered, in their discretion, to repair, rehabilitate, and maintain any such cemetery within the borders of the county over which such board has jurisdiction.

Subject to like certificate from the said trustees, the board of supervisors in adjoining counties may, in their discretion, jointly accomplish such repairs, rehabilitation, or maintenance in those instances where the cemetery in question occupies territory which at one time or another was located as a part of said adjoining counties.

HISTORY: Codes, 1942, § 3019.5; Laws, 1971, ch. 425, §§ 1 and 2, eff from and after passage (approved March 23, 1971).

§ 39-5-21. Unauthorized removal of property from governor’s mansion.

1. It shall be unlawful for any person to remove any personal property of the state in the custody of the curator of the governor’s mansion from the grounds of the governor’s mansion without the authorization of such curator. Any person who violates this section shall be guilty of a misdemeanor and punished, upon conviction, by a fine of not more than two thousand dollars ($2,000.00) or by imprisonment in the county jail for not more than one (1) year or by both such fine and imprisonment.
2. The provisions of this section are supplemental to other criminal statutes. An acquittal or conviction obtained under this section shall not be a bar to civil proceedings or actions arising from the same incident.

HISTORY: Laws, 1980, ch. 349, § 2, eff from and after passage (approved April 23, 1980).

§ 39-5-23. Historic Properties Trust Fund.

1. The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money from individuals, organizations and federal, state and local governmental bodies, to be deposited in the Historic Properties Trust Fund which is hereby created in the State Treasury. Contributions to the Historic Properties Trust Fund may be undesignated or earmarked for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or for use on specific historical projects that have been authorized by the Department of Archives and History. The Mississippi Department of Archives and History may deposit federal funds received under Section 2 of Laws, 2000, Chapter 487, as amended by Laws, 2003, Chapter 509, into the Historic Properties Trust Fund and may use such funds for the purposes provided in subsection (2) of Section 2 of Laws, 2000, Chapter 487, as amended by Laws, 2003, Chapter 509. The State Treasurer shall invest all monies in the Historic Properties Trust Fund as other state funds are authorized to be invested, and any interest earned shall be deposited into the fund.
2. The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money and real and personal property. The Board of Trustees of the Department of Archives and History may, in its discretion, sell such real and personal property by public or private sale and shall deposit proceeds derived from such sale into the Historic Properties Trust Fund.
3. 1. The Board of Trustees of the Mississippi Department of Archives and History is authorized to establish the Mississippi Landmark Grant Program within the Historic Properties Trust Fund to help ensure the preservation of Mississippi Landmark properties.
   2. The Board of Trustees of the Mississippi Department of Archives and History may deposit funds appropriated by the Legislature, or funds transferred from the Historic Properties Financing Fund as specified in Section 89-12-37(2), into the account established for the Mississippi Landmark Grant Program within the Historic Properties Trust Fund. That portion of the proceeds of bonds issued under Sections 1 through 16 of Laws, 2002, Chapter 543, shall be deposited, in the manner provided in Sections 1 through 16 of Laws, 2002, Chapter 543, into the account established for the Mississippi Landmark Grant Program within the Historic Properties Trust Fund. All funds deposited in the account for the Mississippi Landmark Grant Program shall be used exclusively for the purpose of acquiring, preserving, restoring, supporting, operating and administering Mississippi Landmark properties or those properties to be designated as Mississippi Landmarks.
   3. The board of supervisors of every county and the governing authorities of every municipality in the state may make contributions to the Mississippi Department of Archives and History, to be deposited into the account for the Mississippi Landmark Grant Program. Such contributions may be undesignated or earmarked for use on specific Mississippi Landmark properties.
   4. The Board of Trustees of the Mississippi Department of Archives and History shall have all powers necessary to implement and administer the Mississippi Landmark Grant Program, and the board of trustees shall promulgate all rules and regulations necessary for the implementation and administration of the program.

HISTORY: Laws, 1987, ch. 374, § 2; Laws, 1999, ch. 486, § 1; Laws, 2000, ch. 487, § 19; Laws, 2002, ch. 543, § 18; Laws, 2003, ch. 509, § 19, eff from and after passage (approved Apr. 19, 2003.).

§ 39-5-24. Mississippi History Trust Fund.

1. There is created in the State Treasury a special fund to be known as the “Mississippi History Trust Fund.” The Mississippi Department of Archives and History may solicit and accept donations, bequests, devises, gifts and grants of money from individuals, organizations, and corporations to be deposited in the Mississippi History Trust Fund. All funds deposited in the Mississippi History Trust Fund shall be expended upon appropriation by the Legislature, solely for the purpose of collecting, preserving, protecting, researching and interpreting the State of Mississippi’s historic resources and for promoting the appreciation of those resources.
2. The Mississippi Department of Archives and History, with the advice of the Office of the State Treasurer, is authorized to establish a comprehensive investment plan for the purposes of the Mississippi History Trust Fund and to invest any funds in the trust fund in any instrument, obligation, security or property that constitutes legal investments and holdings. The comprehensive investment plan shall specify the investment policies to be used by the department in its administration of the funds in the trust fund. The department may authorize investments in any investment vehicle authorized for the Mississippi Prepaid Affordable College Tuition (MPACT) Program under Section 37-155-9. However, the restrictions in Section 37-155-9 as to percentages of the total fund that may be invested in any category of authorized investment shall not apply to the Mississippi History Trust Fund. The funds in the trust fund also may be invested in obligations of the state or any political subdivision of the state.
3. Notwithstanding any state law to the contrary, the department shall invest or cause to be invested the funds in the trust fund in a manner reasonable and appropriate to achieve the objectives of the trust fund, exercising the discretion and care of a prudent investor in similar circumstances with similar objectives. The department shall give due consideration to the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the trust fund. The department shall acquire all investments at prices not exceeding the prevailing market values for those securities.
4. Any limitations set forth in this section shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be marked clearly to indicate ownership by the trust fund and, to the extent possible, shall be registered in the name of the trust fund.
5. Subject to the terms, conditions, limitations and restrictions set forth in this section, the department may sell, assign, transfer and dispose of any of the securities and investments of the trust fund if the sale, assignment or transfer has the approval of a majority of the entire Board of Trustees of the Mississippi Department of Archives and History. The department may employ or contract with investment managers, evaluation services, or other such services as determined by the department to be necessary for the effective and efficient operation of the trust fund.
6. Except as otherwise provided in this section, no trustee or employee of the department may have any direct or indirect interest in the income, gains or profits of any investments made by the department. No trustee or employee of the department may become an endorser or surety or in any manner an obligor for money loaned by or borrowed from the trust fund.
7. The department, with the advice of the Office of the State Treasurer, may establish criteria for investment managers, mutual funds or other such entities to act as contractors or consultants to the department. The department may contract, either directly or through those contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the department, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping.
8. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any investment earnings on the unexpended amounts in the trust fund shall be deposited to the credit of the trust fund.

HISTORY: Laws, 2015, ch. 468, § 1, eff from and after July 1, 2015.

§ 39-5-25. Construction of parking areas at official state historical markers.

1. The Mississippi Department of Transportation, in cooperation with the Mississippi Department of Archives and History, may develop a priority plan for the design and construction of motor vehicle parking areas located at official state historical markers on and along the rights-of-way of the highways, roads and streets under the jurisdiction of the Transportation Department. For the purposes of this section an “official state historical marker” means any such marker that is included on the inventory of state historical markers maintained by the Department of Archives and History.
2. The plan developed by the Transportation Department shall include provisions for road signs on and along the highway, road or street upon which a historical marker is located so as to provide advance notice to motorists approaching from either direction that a historical marker is located ahead. Such road signs shall be designed by the Mississippi Department of Transportation and shall be uniform in color, size and appearance.
3. The Executive Director of the Department of Transportation and the Executive Director of the Department of Archives and History shall meet annually to review the progress of the implementation of this section and to determine those projects that will be performed under this section during the next fiscal year.
4. The costs incurred by the Department of Transportation and the Department of Archives and History under the provisions of this section shall be paid out of any funds made available upon legislative appropriation; however, the Department of Transportation shall apply for such federal funds as may be available to help defray the costs of projects performed under this section. The Department of Archives and History shall include in its annual budget requests a request for funds for the systematic maintenance of official state historical markers.

HISTORY: Laws, 1994, ch. 463, § 1, eff from and after passage (approved March 22, 1994).

§ 39-5-27. Archives Trust Fund.

The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of money from individuals and organizations, to be deposited in the Archives Trust Fund which is hereby created in the State Treasury. The State Treasurer shall invest all monies in the Archives Trust Fund as other state funds are authorized to be invested, and any interest earned shall be deposited into the fund. All funds deposited in the Archives Trust Fund shall be used, pursuant to appropriation by the Legislature, exclusively for the purpose of acquiring, cataloging, conserving and making available archival resources.

The Mississippi Department of Archives and History is hereby authorized and empowered to solicit and accept donations, bequests, devises, gifts and grants of real and personal property. The Board of Trustees of the Department of Archives and History may, in its discretion, sell such property by public or private sale and shall deposit proceeds derived from such sale into the Archives Trust Fund.

The Board of Trustees of the Mississippi Department of Archives and History is authorized and empowered, in its discretion, to deposit into the Archives Trust Fund any monies in the Department’s Archives and Library Gift Fund and any monies received as a result of royalty or use fee payments.

HISTORY: Laws, 1996, ch. 380, § 1, eff from and after passage (approved March 18, 1996).

§ 39-5-29. Museum Trust Fund.

There is created in the State Treasury a special fund to be known as the “Museum Trust Fund.” The Mississippi Department of Archives and History may solicit and accept donations, bequests, devises, gifts and grants of money from individuals, organizations, and corporations to be deposited in the Museum Trust Fund. The State Treasurer shall invest all monies in the Museum Trust Fund as other state funds are authorized to be invested, and any interest earned shall be deposited into the fund. All funds deposited in the Museum Trust Fund shall be expended upon appropriation by the Legislature, solely for the purpose of acquiring, cataloging, conserving, and exhibiting artifacts.

The Mississippi Department of Archives and History may solicit and accept donations, bequests, devises, gifts and grants of real and personal property. The Board of Trustees of the Department of Archives and History, in its discretion, may sell the property by public or private sale and shall deposit proceeds derived from the sale into the Museum Trust Fund.

The Board of Trustees of the Mississippi Department of Archives and History, in its discretion, may deposit into the Museum Trust Fund any monies in the Department’s Museum Gift Fund and any monies received as a result of royalty or use fee payments.

Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on the unexpended amounts in the special fund shall be deposited to the credit of the special fund.

HISTORY: Laws, 1997, ch. 352, § 1, eff from and after passage (approved March 17, 1997).

§ 39-5-31. William F. Winter Archives and History Building.

The new Archives and History Building to be located on the corner of Amite Street and North Street in Jackson, Mississippi, shall be named the William F. Winter Archives and History Building.

HISTORY: Laws, 2000, ch. 311, § 1, eff from and after passage (approved Mar. 29, 2000.).

§ 39-5-33. Authorization to extinguish, abandon and nullify certain conservation easements.

The Department of Archives and History is hereby authorized to extinguish, abandon and nullify any conservation easement granted to it by The Friends of the Siege and Battle of Corinth, Inc., its successors and similar organizations, whenever the department determines, in its discretion, that such action would be necessary or convenient for the use or ownership of such lands by the United States National Park Service.

HISTORY: Laws, 2011, ch. 507, § 3, eff from and after passage (approved Apr. 26, 2011.).

§ 39-5-41. Transfer of title to property to Department of Archives and History.

The Mississippi Department of Wildlife, Fisheries and Parks is hereby authorized and empowered to transfer title to the Dancing Rabbit Creek Treaty property to the Department of Archives and History.

HISTORY: Laws, 1973, ch. 474, § 1; Laws, 2000, ch. 516, § 10, eff from and after passage (approved Apr. 30, 2000.).

§ 39-5-43. Repealed.

Repealed by Laws, 2018, ch. 395, § 12, eff from and after July 1, 2018.

§39-5-43. [Laws, 1973, ch. 474, § 2; Laws, 1988, ch. 518, § 22; Laws, 1991, ch. 410, § 1, eff from and after July 1, 1991.]

§ 39-5-51. Establishment of Jefferson Davis Shrine.

The complete custody, management, control and ownership of that portion of Beauvoir, (a tract of land comprising eighty-seven and one-half acres, more or less, in Harrison County, Mississippi, fronting 1020 feet, more or less, on the Gulf of Mexico, and situated approximately eight miles from the City of Gulfport, and four miles from the City of Biloxi, on “The Old Spanish Trail”, and being the same property conveyed the Mississippi division of the United Sons of Confederate Veterans on the 10th day of October, A. D. 1902, by Mrs. Varina Jefferson Davis, wife of Jefferson Davis, by deed of record in the land records of Harrison County, Mississippi, and said property being further described as the last home of Jefferson Davis, president of the Confederate States of America) lying west of a line running north and south from the southern to the northern boundary of said property and said line being equidistant between brick building on said property now used as an infirmary or hospital and the small frame building situated to the front and east of that building known as Beauvoir residence, and said small frame building being known as the office of Jefferson Davis and in which he wrote “The Rise and Fall of the Confederate Government” is hereby awarded and returned and completely relinquished by the State of Mississippi to the Mississippi division of the United Sons of Confederate Veterans, a Mississippi corporation, for the purpose of establishing and maintaining a shrine sacred to the memory of Jefferson Davis with full authority to do any and all things necessary in the discretion of the Mississippi division of the United Sons of Confederate Veterans for the establishment and maintenance of said shrine and for the beautification, repair, preservation, alteration or protection of said property herein awarded and relinquished to the Mississippi division of the United Sons of Confederate Veterans or any part thereof.

HISTORY: Codes, 1942, § 7456; Laws, 1940, ch. 315.

§ 39-5-53. Transfer of Beauvoir Veterans Home to United Sons of Confederate Veterans.

There is hereby declared to be a cessation of further need for that portion of Beauvoir known as the Veterans Home and the same is hereby transferred to the United Sons of Confederate Veterans in accordance with the deed of Mrs. Varina Davis, wife of Jefferson Davis, conveying Beauvoir to the Mississippi Division of the Sons of Confederate Veterans.

HISTORY: Codes, 1942, § 7447-01; Laws, 1955, Ex Sess, ch. 126, § 1, eff 60 days after passage (approved March 30, 1955).

§ 39-5-55. Control and management of Jefferson Davis Shrine.

The control and management of Beauvoir, the Jefferson Davis Shrine, at Biloxi, Mississippi, shall be vested in the Board of Directors and Board of Trustees as provided for in the charter of incorporation of the Mississippi Division of the United Sons of Confederate Veterans as recorded by the Secretary of State on July 2, 1954, which charter being in accordance with the terms of the deed of Mrs. Varina Davis, dated October 10, 1902, whereby all title and control of Beauvoir is vested in the Mississippi Division of the United Sons of Confederate Veterans.

HISTORY: Codes, 1942, § 7460; Laws, 1940, ch. 315; Laws, 1955, Ex Sess, ch. 126, § 2, eff 60 days after passage (approved March 30, 1955).

§ 39-5-57. Deposit of objects, documents, etc., in museum at Jefferson Davis Shrine.

The director of the department of archives and history is hereby authorized to deposit from time to time either in the residence at Beauvoir or in any building thereon maintained as a museum or library any objects, documents or archives which, in the opinion of said director, might be fittingly placed at Beauvoir. The director of the department of archives and history may, in his discretion, withdraw any object, document or archive so placed at Beauvoir. No object, document or archive shall be placed at Beauvoir by the director of the department of archives and history without the consent of the board of trustees of the Jefferson Davis Shrine referred to in section 39-5-55.

HISTORY: Codes, 1942, § 7459; Laws, 1940, ch. 315.

§ 39-5-61. Files and equipment of state sovereignty commission placed in custody of department; when files become public records.

The files and equipment of the state sovereignty commission are hereby placed in the custody of the department of archives and history. Said files shall be immediately sealed, impounded and maintained as confidential files by the department of archives and history. Any equipment may be used by the department of archives and history in the furtherance of the activities of the said department. On July 1, 2027, such files shall become public records under the custody and control of the department of archives and history.

HISTORY: Laws, 1977, ch. 320, § 2, eff from and after passage (approved March 4, 1977).

§ 39-5-63. Willful tampering with files.

Any person who shall willfully break any seal containing the impounded files of the state sovereignty commission, or willfully examine, divulge, disseminate, alter, remove or destroy said files prior to July 1, 2027, shall, upon conviction, be fined not less than one thousand dollars ($1,000.00) nor more than five thousand dollars ($5,000.00) or imprisoned for not more than three (3) years, or punished by both such fine and imprisonment.

HISTORY: Laws, 1977, ch. 320, § 4, eff from and after passage (approved March 4, 1977).

§ 39-5-65. Display of penalties for tampering with files.

The department of archives and history shall conspicuously display the penalties prescribed by Section 39-5-63 in one or more places on each container or cabinet in which the files of the state sovereignty commission are impounded.

HISTORY: Laws, 1977, ch. 320, § 5, eff from and after passage (approved March 4, 1977).

§ 39-5-71. Construction of monument.

1. The Board on Law Enforcement Officer Standards and Training, in cooperation with the Department of Archives and History and the Bureau of Building, Grounds and Real Property Management, is hereby authorized, subject to funds being made available, to cause to be constructed and maintained on state-owned lands at some suitable and appropriate place in or near the City of Jackson, a monument containing the names and paying tribute to all state, county and municipal law enforcement officers who have given their lives in the performance of their official duties. This shall include any federal law enforcement officer employed and residing in Mississippi at the time of death.

   It is the intent of the Legislature that adequate space be left on the monument to be available to add names of law enforcement officers in the future who give their lives in the performance of their official duties.

2. The Board on Law Enforcement Officer Standards and Training is hereby authorized to accept gifts, grants and donations from individuals and organizations, to be deposited in the Law Enforcement Officers Monument Fund which is hereby created as a special fund in the State Treasury. The State Treasurer shall invest all monies in the fund and any interest earned shall be deposited into the fund. All funds deposited in the fund, including interest earned thereon, shall be used for the purpose of fund-raising, erecting and maintaining the monument as provided in subsection (1) of this section. The funds may be used for any fund-raising activity the board deems necessary for the construction and maintenance of the monument. Any monies remaining unexpended or unencumbered in the fund upon completion of the monument shall revert to the Board on Law Enforcement Officer Standards and Training for maintenance of the monument.

HISTORY: Laws, 1989, ch. 366, § 1; Laws, 2000, ch. 352, § 1, eff from and after July 1, 2000.

§ 39-5-81. Purchase and restoration.

The Mississippi Department of Archives and History is hereby authorized and empowered to purchase and restore the William Johnson house, a “Mississippi Landmark,” in Natchez, Mississippi, when adequate funds for the purchase and restoration thereof are deposited in the Historic Properties Trust Fund herein created. The funds used for this purpose shall be drawn from those contributions to the trust fund which have been earmarked for the William Johnson House or which have been undesignated as to their use.

HISTORY: Laws, 1987, ch. 374, § 1, eff from and after passage (approved March 19, 1987).

§ 39-5-91. Creation of Civil War Battlefield Commission; duties and responsibilities of commission.

1. There is hereby created a Mississippi Civil War Battlefield Commission consisting of the following fifteen (15) members:
   1. Nine (9) members appointed by the Governor with three (3) serving for an initial term concluding on March 1, 1998, three (3) serving for an initial term concluding on March 1, 2000, and three (3) serving for an initial term concluding on March 1, 2002;
   2. One (1) member appointed by the Lieutenant Governor for an initial term concluding on March 1, 2002;
   3. One (1) member appointed by the Speaker of the Mississippi House of Representatives for an initial term concluding on March 1, 2002;
   4. One (1) member appointed by the Jackson Civil War Roundtable for an initial term concluding on March 1, 2002; and
   5. Three (3) members appointed by the Board of Trustees of the Department of Archives and History for an initial term concluding on March 1, 2002.

      After the initial terms, all terms shall be for six (6) years. An appointment to fill a vacancy which arises for reasons other than by expiration of a term of office shall be made by the respective appointing authority for the unexpired term only.

2. The commission shall elect from its membership a chairman who shall preside over meetings and a vice chairman who shall preside in the absence of the chairman or when the chairman shall be excused.
3. The commission shall adopt rules and regulations governing times and places for meetings. A majority of members of the commission shall constitute a quorum for the transaction of any business. The commission shall meet at least quarterly. The commission may form subcommittees to address specific issues concerning preservation and enhancement of Civil War sites and structures. The commission may adopt other procedures necessary to ensure the orderly transaction of business.
4. The members of the commission shall receive no compensation for their services.
5. Principal staff support for the commission shall be provided by the Department of Archives and History. Other agencies shall assist when requested by the commission.
6. The commission shall have the following duties:
   1. Identify and prioritize for protecting Mississippi’s Civil War sites and structures;
   2. Identify, analyze and enhance preservation opportunities for Mississippi’s Civil War sites and structures;
   3. Review existing local, state and federal plans, programs and policies related to Mississippi’s Civil War sites and structures;
   4. Develop relationships with federal and local officials and private conservation organizations which facilitate protection and enhancement of Civil War sites and structures;
   5. Coordinate Mississippi’s participation with the federal government and private foundations to secure support and financial resources for the protection and enhancement of Civil War sites and structures;
   6. Advise state agencies on matters relating to Civil War sites and structures; and
   7. Perform any other such duties or actions in an effort to advance Civil War history in Mississippi.
7. The commission shall submit to the Governor an annual report by December 1 of each year which shall include recommendations for any legislative, administrative or other changes the commission deems necessary to further Civil War history in Mississippi.
8. State agencies shall consider the impact of their actions on Civil War sites and structures as identified by the commission whenever permitting, planning, funding or undertaking any construction projects.

HISTORY: Laws, 1997, ch. 349, § 1, eff from and after July 1, 1997.

§ 39-5-101. Short title.

Sections 39-5-101 through 39-5-113 shall be known and may be cited as the “Mississippi De Soto Trail Commission Act.”

HISTORY: Laws, 1988, ch. 593, § 1, eff from and after passage (approved May 25, 1988).

§ 39-5-103. Definitions.

For the purposes of Sections 39-5-101 through 39-5-113, the following words shall have the meanings ascribed herein unless the context shall otherwise require:

“United States De Soto Expedition Commission” means the commission which was created by Public Resolution 57 of the Seventy-fourth Congress and approved August 26, 1935.

“Final Report of the United States De Soto Expedition Commission” means the final report and recommendation of the commission to Congress which was required by Public Resolution 57 of the Seventy-fourth Congress. Such document is identified as House Document Number 71, 76th Congress, 1st Session, printed by the United States Government Printing Office in 1939, and reprinted in 1985 in the Smithsonian Institution’s Classics of Anthropology Series.

HISTORY: Laws, 1988, ch. 593, § 2, eff from and after passage (approved May 25, 1988).

§ 39-5-105. Creation of De Soto Trail Commission; composition; appointment of members.

There is hereby created in this state a De Soto Trail Commission, which shall be composed of one (1) representative from each state university to be appointed by the president of that institution and one (1) member from each county through which the Hernando de Soto Expedition traveled based on the alternate routes of the Final Report of the United States De Soto Expedition Commission. The county members of the commission shall be appointed by the Governor.

Four (4) additional members from the state at large shall be appointed by the Board of Trustees of the Department of Archives and History. The director of the Department of Archives and History shall serve as an ex officio member of the commission. The Department of Archives and History shall provide support services for the commission’s meetings.

HISTORY: Laws, 1988, ch. 593, § 3, eff from and after passage (approved May 25, 1988).

§ 39-5-107. Terms of office and compensation of members of commission; acceptance of gifts, donation, etc.; deposit of funds.

1. The members of the De Soto Trail Commission shall serve for a term of four (4) years beginning July 2, 1988. Their successors shall be appointed in the manner provided for the members first appointed, and a vacancy occurring before the expiration of a term shall be similarly filled for the unexpired term. The Governor shall fill all vacancies within sixty (60) days after such vacancy occurs. Vacancies that have not been filled within sixty (60) days shall be filled by appointments made by the Board of Trustees of the Department of Archives and History. Any member of the commission may be reappointed by the Governor to serve additional terms. A member of the commission may be removed only for disability, neglect of duty, or incompetence in office. A member shall be entitled to a hearing before removal from office.
2. Members of the commission shall serve without compensation, expense allowance, or mileage allowance. The commission shall be authorized to accept gifts, donations and/or contributions from individuals, businesses, organizations, governmental entities and from any other sources for the purposes set forth herein. No funds shall be appropriated to the commission by the Legislature.
3. Any funds or donations received by the commission shall be deposited by the Department of Archives and History into a special fund which is hereby created in the State Treasury, and disbursements therefrom shall be made upon warrants by the State Fiscal Management Board after receipt of requisitions submitted by the Department of Archives and History upon authorization by the commission. Monies in the special fund may be used by the commission in preparing and filing reports and in fulfilling its duties and responsibilities under Sections 39-5-101 through 39-5-113.

HISTORY: Laws, 1988, ch. 593, § 4, eff from and after passage (approved May 25, 1988).

§ 39-5-109. Election of officers and adoption of rules and regulations; use of existing research.

The De Soto Trail Commission shall meet within thirty (30) days after the last member has been appointed for the purpose of electing officers and adopting rules and regulations. The commission shall use the Final Report of the United States De Soto Expedition Commission as a preliminary basis for its work and shall take cognizance of such scholarly archaeological and historical research pertaining to the problem of De Soto’s route as has appeared since the completion of the commission’s work.

HISTORY: Laws, 1988, ch. 593, § 5, eff from and after passage (approved May 25, 1988).

§ 39-5-111. Erection of markers.

The commission shall designate specific sites for erection of appropriate markers along Hernando de Soto’s journey of one hundred eighty-seven (187) days through Mississippi from the Tombigbee River basin on our state’s eastern boundary, westward to the place of discovery of the Mississippi River on May 8, 1541.

The commission shall be authorized to purchase appropriate markers from any of its available funds. The texts for the De Soto Trail markers shall be approved by the Department of Archives and History. The State Highway Department shall cooperate with the commission and Department of Archives and History by erecting and maintaining the markers that have been approved by the commission.

HISTORY: Laws, 1988, ch. 593, § 6, eff from and after passage (approved May 25, 1988).

§ 39-5-113. Duties and responsibilities of commission.

The commission shall cooperate and work with the citizens and elected officials in the various counties where the trail is located and shall promote and publicize the De Soto Trail in this state and abroad. The commission will strive to reconcile local interests with the results of bona fide scholarly research.

The commission shall encourage and support Mississippi’s participation in the regional De Soto Trail Commission that is comprised of representatives from the states through which the De Soto Expedition traveled. The commission shall cooperate with the Regional De Soto Trail Commission and the National Park Service in their efforts to establish a National De Soto Trail as part of the National Trails System.

The commission shall support and encourage scholarly research in archaeology and history related to the De Soto Expedition. The Department of Archives and History shall undertake to publish the results of such research in The Journal of Mississippi History or Mississippi Archaeology in order to make the results of the research available to the citizens of Mississippi.

The commission shall plan, promote, and coordinate a statewide commemoration or festival which shall be held in May, 1991 in recognition of the 450th anniversary of Hernando de Soto’s Expedition in our state, and may schedule other appropriate ceremonies to commemorate the De Soto Expedition.

The commission shall file with the Legislature and Governor a complete report of its activities by August 30 of each year. The commission’s minutes and other permanent records shall be deposited in the Department of Archives and History.

HISTORY: Laws, 1988, ch. 593, § 7, eff from and after passage (approved May 25, 1988).

§ 39-5-115. Acquisition and restoration.

1. The Department of Archives and History is hereby authorized to acquire and restore, by reconstruction, the Assembly Hall, a Mississippi Landmark Property in Washington, Mississippi, if the board of trustees of the department determines that sufficient architectural, historical and photographic documentation exists to achieve an accurate restoration.
2. The Department of Finance and Administration is authorized, based upon recommendations of the board of trustees of the Department of Archives and History, to utilize monies designated for the Assembly Hall project in Chapter 564, General Laws of 1993, to pay the cost of acquiring the Assembly Hall property and of restoring (by reconstruction) and interpreting Assembly Hall.

HISTORY: Laws, 1993, ch. 491, § 1; Laws, 1994, ch. 370, § 1, eff from and after passage (approved March 14, 1994).

§ 39-5-117. Operation of restored hall.

Once restored, the Assembly Hall will be operated by the Department of Archives and History in conjunction with the Jefferson College Property in Washington, Mississippi.

HISTORY: Laws, 1993, ch. 491, § 2, eff from and after passage (approved March 27, 1993).

§ 39-5-121. Restoration and operation of Shaifer House and accompanying land on Port Gibson Battlefield.

The Mississippi Department of Archives and History is authorized to secure, preserve, restore, develop, interpret, operate and maintain the historic Shaifer House and accompanying land located on the Port Gibson Battlefield, subject to the appropriation of adequate funds by the Legislature.

HISTORY: Laws, 1999, ch. 563, § 2, eff from and after passage (approved Apr. 21, 1999).

§ 39-5-123. Cooperative agreements authorized.

The Board of Trustees of the Mississippi Department of Archives and History is authorized to enter into cooperative agreements with the National Park Service, state and local governmental entities, nonprofit organizations, and any other groups, organizations or individuals that may be interested in the preservation and development of the Shaifer House and accompanying land and the Port Gibson Battlefield.

HISTORY: Laws, 1999, ch. 563, § 3, eff from and after passage (approved Apr. 21, 1999).

§ 39-5-131. Restoration and operation of Coker House and accompanying land on Champion Hill Battlefield.

The Mississippi Department of Archives and History is authorized to secure, preserve, restore, develop, interpret, operate, and maintain the historic Coker House and accompanying land on the Champion Hill Battlefield as an official state historic site.

HISTORY: Laws, 2000, ch. 444, § 2, eff from and after passage (approved Apr. 18, 2000.).

§ 39-5-133. Cooperative agreements authorized.

The Board of Trustees of the Mississippi Department of Archives and History is authorized to enter into cooperative agreements with the National Park Service, state and local government entities, nonprofit organizations, and any other groups, organizations or individuals that may be interested in the preservation and development of the Coker House and accompanying land and the Champion Hill Battlefield.

HISTORY: Laws, 2000, ch. 444, § 3, eff from and after passage (approved Apr. 18, 2000.).

§ 39-5-141. Legislative findings.

The Legislature recognizes that the heritage of Mississippi is reflected in the historic courthouses, schools, and other historic properties located in communities across the state. The Legislature further recognizes that the preservation, restoration and interpretation of these historic properties is of great cultural, educational and economic importance to Mississippi.

HISTORY: Laws, 2001, ch. 541, § 19, eff from and after passage (approved Apr. 7, 2001.).

§ 39-5-143. Definitions.

As used in Sections 39-5-143 and 39-5-145 and Sections 22 through 36 of Laws, 2001, ch. 541, the following words shall have the meanings ascribed herein unless the context clearly requires otherwise:

“Board” means the Board of Trustees of the Department of Archives and History.

“Certified local government” means a county or municipality in the State of Mississippi that has established its own historic preservation commission and program meeting federal and state standards and has obtained certification of such action from the Department of Archives and History and the National Park Service.

“Commission” means the State Bond Commission.

“Historic property” means a building, site, structure or monument of historical significance as defined by the Department of Archives and History.

“Interpretation” means an historical exhibit design, interpretive or commemorative marker or monument, publication, program, or other instructional techniques that present and interpret history from broad cultural and ethnic perspectives.

“State” means the State of Mississippi.

HISTORY: Laws, 2001, ch. 541, § 20, eff from and after passage (approved Apr. 7, 2001.).

§ 39-5-145. Mississippi Community Heritage Preservation Grant Fund.

1. A special fund, to be designated the “Mississippi Community Heritage Preservation Grant Fund,” is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of any monies designated for deposit therein from any source, including proceeds of any state general obligation bonds designated for deposit therein. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund and any interest earned or investment earnings on amounts in the fund shall be deposited into the fund. The expenditure of monies deposited into the fund shall be under the direction of the Department of Finance and Administration, based upon recommendations of the Board of Trustees of the Department of Archives and History, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration. Monies deposited into such fund shall be allocated and disbursed according to the provisions of this section. If any monies in the special fund are derived from proceeds of state general obligation bonds and are not used within four (4) years after the date such bond proceeds are deposited into the special fund, then the Department of Finance and Administration shall provide an accounting of such unused monies to the State Bond Commission.
2. Monies deposited into the fund shall be allocated and disbursed as follows:
   1. 1. Thirty-seven Million Four Hundred Fifty Thousand Dollars ($37,450,000.00) shall be allocated and disbursed as grants on a reimbursable basis through the Department of Finance and Administration, based upon the recommendations of the Board of Trustees of the Department of Archives and History, to assist county governments, municipal governments, school districts and nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service in helping pay the costs incurred in preserving, restoring, rehabilitating, repairing or interpreting 1. historic county courthouses, 2. historic school buildings, and/or 3. other historic properties identified by certified local governments. Where possible, expenditures from the fund shall be used to match federal grants or other grants that may be accessed by the Department of Archives and History, other state agencies, county governments or municipal governments, school districts or nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service. Any properties, except those described in paragraphs (b) and (d) of this subsection, receiving monies pursuant to this section must be designated as “Mississippi Landmark” properties prior to selection as projects for funding under the provisions of this section.
      2. One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) shall be allocated and disbursed as grants through the Department of Finance and Administration, based upon the recommendations of the Board of Trustees of the Department of Archives and History, to assist county governments in helping pay the costs of historically appropriate restoration, repair and renovation of historically significant county courthouses. Grants to individual courthouses under this paragraph (a)(ii) shall not exceed Eight Hundred Seventy-five Thousand Dollars ($875,000.00).
   2. Two Hundred Fifty Thousand Dollars ($250,000.00) shall be allocated and disbursed as grant funds to the Amory Regional Museum in Amory, Mississippi, to pay the costs of capital improvements, repair, renovation, furnishing and/or equipping of the museum. The Department of Finance and Administration is directed to transfer Two Hundred Fifty Thousand Dollars ($250,000.00) from the fund to the city on or before December 31, 2004, and the city shall place the funds into an escrow account. The city may expend the funds from the account only in an amount equal to matching funds that are provided from any source other than the state for the project. As the funds are withdrawn from the escrow account, the city shall certify to the Department of Finance and Administration the amount of the funds that have been withdrawn and that the funds withdrawn are in an amount equal to matching funds required by this paragraph.
   3. One Hundred Thousand Dollars ($100,000.00) shall be allocated and disbursed as grant funds to the Jacinto Foundation, Inc., to pay the costs of capital improvements, repairing, renovating, restoring, rehabilitating, preserving, furnishing and/or equipping the courthouse and related facilities in Jacinto, Mississippi, and to pay the costs of capital improvements, repairing, renovating, restoring, rehabilitating, preserving, furnishing and/or equipping other buildings and facilities near the courthouse.
   4. Four Hundred Twenty-five Thousand Dollars ($425,000.00) shall be allocated and disbursed as grant funds to the Oxford-Lafayette County Heritage Foundation to pay the costs of capital improvements, repairing, renovating, restoring, rehabilitating, preserving, furnishing, equipping and/or acquiring the L.Q.C. Lamar Home in Oxford, Mississippi.
   5. Nine Hundred Seventy-five Thousand Dollars ($975,000.00) shall be allocated and disbursed as grant funds to the City of Columbus, Mississippi, to assist in paying the costs associated with repair, renovation and restoration of the Columbus City Hall building and related facilities.
   6. One Million Dollars ($1,000,000.00) shall be allocated and disbursed as grant funds to the Town of Wesson, Mississippi, to pay the costs of restoration and renovation of the Old Wesson School.
   7. Two Hundred Fifty Thousand Dollars ($250,000.00) shall be allocated and disbursed as grant funds to the Town of Shubuta, Mississippi, to assist in paying the costs associated with construction, reconstruction, refurbishing, repair, renovation and restoration of the Shubuta Town Hall building and related facilities.
   8. Two Hundred Fifty Thousand Dollars ($250,000.00) shall be allocated and disbursed as grant funds to the City of Okolona, Mississippi, to assist in paying costs associated with the purchase, repair, renovation, furnishing and equipping of a building and related facilities on Main Street in the City of Okolona, for the purpose of establishing a welcome center in which historical information relating to the City of Okolona will be displayed, including, but not limited to, information relating to the furniture, banking, retail and farming industries; education; historical collections owned by individuals and organizations; genealogy; Okolona College; and the Battle of Okolona and the War Between the States.
   9. One Hundred Thousand Dollars ($100,000.00) shall be allocated and disbursed as grant funds to Tallahatchie County, Mississippi, to assist in paying the costs associated with repair, renovation and restoration of the Tallahatchie County Courthouse.
   10. Two Hundred Fifty Thousand Dollars ($250,000.00) shall be allocated and disbursed as grant funds to Wayne County, Mississippi, to assist in paying the costs associated with repair, renovation and restoration of the Wayne County Courthouse.
   11. Three Hundred Thousand Dollars ($300,000.00) shall be allocated and disbursed as grant funds to assist in paying the cost of rehabilitation and restoration of Winterville Indian Mounds in Washington County, Mississippi.
   12. Five Hundred Thousand Dollars ($500,000.00) shall be allocated and disbursed as grant funds to the City of Kosciusko, to assist the City of Kosciusko, Mississippi, in paying costs associated with (i) repair, renovation, furnishing, equipping, additions to and expansion of the Kosciusko Natchez Trace Visitor Center in the City of Kosciusko, Mississippi, and (ii) repair, renovation, furnishing, equipping, additions to and expansion of buildings and related facilities to house the Mississippi Native American Museum in the City of Kosciusko, Mississippi.
   13. One Hundred Thousand Dollars ($100,000.00) shall be allocated and disbursed as grant funds to Jefferson County, Mississippi, to assist in paying costs associated with repair, renovation, upgrades and improvements to the confederate cemetery and related properties and facilities in the county.
   14. Monies in the Mississippi Community Heritage Preservation Grant Fund which are derived from proceeds of state general obligation bonds may be used to reimburse reasonable actual and necessary costs incurred by the Mississippi Department of Archives and History in providing assistance directly related to a project described in paragraph (a) of this subsection for which funding is provided under this section. Reimbursement may be made only until such time as the project is completed. An accounting of actual costs incurred for which reimbursement is sought shall be maintained for each project by the Mississippi Department of Archives and History. Reimbursement of reasonable actual and necessary costs for a project shall not exceed three percent (3%) of the proceeds of bonds issued for such project. Monies authorized for a particular project may not be used to reimburse administrative costs for unrelated projects.
3. 1. The Board of Trustees of the Department of Archives and History shall receive and consider proposals from county governments, municipal governments, school districts and nonprofit organizations that have obtained Section 501(c)(3) tax-exempt status from the United States Internal Revenue Service for projects associated with the preservation, restoration, rehabilitation, repair or interpretation of (i) historic courthouses, (ii) historic school buildings, and/or (iii) other historic properties identified by certified local governments. Proposals shall be submitted in accordance with the provisions of procedures, criteria and standards developed by the board. The board shall determine those projects to be funded and may require matching funds from any applicant seeking assistance under this section. This subsection shall not apply to projects described in subsection (2)(a)(ii), (2)(b), (2)(c), (2)(d), (2)(e), (2)(f), (2)(g), (2)(h) and (2)(j) of this section.
   2. The Board of Trustees of the Department of Archives and History shall receive and consider proposals from county governments for projects associated with historically appropriate restoration, repair and renovation of historically significant county courthouses. Proposals shall be submitted in accordance with the provisions of procedures, criteria and standards developed by the board. The board shall determine those projects to be funded and may require matching funds from any applicant seeking assistance under this section. This subsection shall not apply to projects described in subsection (2)(a)(i), (2)(b), (2)(c), (2)(d), (2)(e) and (2)(f) of this section.
4. The Department of Archives and History shall publicize the Community Heritage Preservation Grant Program described in this section on a statewide basis, including the publication of the criteria and standards used by the department in selecting projects for funding. The selection of a project for funding under the provisions of this section shall be made solely upon the deliberate consideration of each proposed project on its merits. The board shall make every effort to award the grants in a manner that will fairly distribute the funds in regard to the geography and cultural diversity of the state. This subsection shall not apply to projects described in subsection (2)(b), (2)(c), (2)(d), (2)(e) and (2)(f) of this section.
5. With regard to any project awarded funding under this section, any consultant, planner, architect, engineer, exhibit contracting firm, historic preservation specialist or other professional hired by a grant recipient to work on any such project shall be approved by the board before their employment by the grant recipient.
6. Plans and specifications for all projects initiated under the provisions of this section shall be approved by the board before the awarding of any contracts. The plans and specifications for any work involving “Mississippi Landmark” properties shall be developed in accordance with “The Secretary of the Interior’s Standards for the Treatment of Historic Properties.”

HISTORY: Laws, 2001, ch. 541, § 21; Laws, 2002, ch. 543, § 17; Laws, 2003, ch. 509, § 17; Laws, 2004, 3rd Ex Sess, ch. 1, § 207; Laws, 2006, ch. 538, § 16; Laws, 2007, ch. 607, § 8; Laws, 2009, ch. 557, § 6; Laws, 2010, ch. 533, § 50; Laws, 2011, ch. 425, § 1; Laws, 2011, ch. 480, § 31; Laws, 2013, ch. 569, § 5; Laws, 2014, ch. 530, § 7; Laws, 2015, ch. 472, § 25; Laws, 2016, ch. 511, § 10, eff from and after July 1, 2016.

§ 39-5-151. Recovery and restoration of historic shipwreck at state site 22Ja542; historic shipwreck project fund.

1. The Mississippi Department of Archives and History is authorized to proceed with implementing the recovery and restoration of the historic shipwreck site near the eastern shore of the Bay of Biloxi designated as state site 22Ja542. The department shall implement a program to publicize the historic nature of the site and to involve the private sector to the greatest extent possible.
2. The Department of Marine Resources, the University of Southern Mississippi, the Mississippi Development Authority and any other agency upon request by the Department of Archives and History shall to the greatest extent practical, assist the Department of Archives in the recovery and restoration project.
3. 1. There is created in the State Treasury a fund designated for the historic shipwreck project.The fund may receive monies from any available private or public source.
   2. Expenditures may be made from the fund upon requisition by the executive director of the department of Archives and History.
   3. The fund shall be treated as a special trust fund.Interest earned on the principal shall be credited by the Treasurer to the fund.
4. The executive director shall file an annual report detailing the receipts and expenditures with the chairpersons of the House and Senate Appropriations Committees.

HISTORY: Laws, 2010, ch. 509, § 8, eff from and after passage (approved Apr. 13, 2010.).

§ 39-7-1. Short title.

This chapter shall be known, and may be cited, as the “Antiquities Law of Mississippi.”

HISTORY: Codes, 1942, § 6192-101; Laws, 1970, ch. 267, § 1, eff from and after passage (approved March 2, 1970).

§ 39-7-3. Declaration of public policy.

It is hereby declared to be the public policy and in the public interest of the State of Mississippi to locate, protect, and preserve all sites, objects, buildings, shipwrecks, and locations of historical, archaeological, or architectural significance, including, but not limited to historically or architecturally significant buildings, structures relating to significant engineering accomplishments, prehistoric and historical American Indian or aboriginal campsites, dwellings, and habitation sites, archaeological sites of every character, treasure imbedded in the earth, sunken or abandoned ships and wrecks of the sea or any part or the contents thereof, maps, records, documents, books, artifacts, and implements of culture in any way related to the inhabitants, prehistory, history, natural history, government, or culture in, on or under any of the lands, tidelands, submerged lands, and bed of the sea within the jurisdiction of the State of Mississippi.

HISTORY: Codes, 1942, § 6192-102; Laws, 1970, ch. 267, § 2; Laws, 1983, ch. 458, § 1, eff from and after July 1, 1983.

§ 39-7-4. Definitions.

For the purpose of this chapter, the following definitions shall apply:

“Historical significance” means that quality or qualities associated with events that have made a significant contribution to the broad patterns of state, local or national history, or that quality or qualities associated with the lives of persons significant in local, state or national history.

“Architectural significance” means the qualities which embody the distinctive characteristics of type, period or method of construction, or that represent the work of a master, or that possess high artistic value.

“Archeological significance” means possessing the quality or qualities which have yielded, or may be likely to yield, information important in Mississippi prehistory or history.

“Department” means the Mississippi Department of Archives and History.

“Board” means the board of trustees of the Mississippi Department of Archives and History.

“Agency” means any administrative division of the State of Mississippi, its counties, cities or political subdivisions thereof.

“Restoration” means the returning of an object, building, structure or site to a prior condition or to an original historic appearance.

HISTORY: Laws, 1983, ch 458, § 2, eff from and after July 1, 1983.

§ 39-7-5. Administration of chapter; inspection of record of proceedings.

The authority to administer the provisions of this chapter is vested in the board of trustees of the department of archives and history, hereinafter referred to as the board. A record of the board’s proceedings under this chapter shall be kept, and shall be subject to inspection by any citizen of Mississippi desiring to make an examination in the presence of a member of the board or an authorized employee of the department of archives and history.

HISTORY: Codes, 1942, § 6192-103; Laws, 1970, ch. 267, § 3, eff from and after passage (approved March 2, 1970).

§ 39-7-7. General duties of board of trustees of department of archives and history.

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.

HISTORY: Codes, 1942, § 6192-104; Laws, 1970, ch. 267, § 4; Laws, 1983, ch. 458, § 3, eff from and after July 1, 1983.

§ 39-7-9. Shipwrecks and buried treasure designated Mississippi landmarks and sole property of state.

All sunken or abandoned ships and wrecks of the sea, and any part or the contents thereof, and all treasure imbedded in the earth, located in, on or under the surface of lands belonging to the State of Mississippi, including its tidelands, submerged lands and the beds of its rivers and the sea within the jurisdiction of the State of Mississippi are hereby declared to be Mississippi landmarks and are the sole property of the State of Mississippi and may not be taken, altered, damaged, destroyed, salvaged or excavated without a contract or permit of the board.

HISTORY: Codes, 1942, § 6192-105; Laws, 1970, ch. 267, § 5; Laws, 1983, ch. 458, § 4, eff from and after July 1, 1983.

§ 39-7-11. Designation of sites, objects, etc., upon lands belonging to state or political subdivision as Mississippi landmarks; recording; alteration, excavation, etc., of sites.

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.
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.

HISTORY: Codes, 1942, § 6192-106; Laws, 1970, ch. 267, § 6; Laws, 1983, ch. 458, § 5, eff from and after July 1, 1983.

§ 39-7-13. Designation of sites located upon private lands as Mississippi landmarks; recordation; marking.

Any site located upon private lands which is determined by majority vote of the board to be of sufficient archaeological, historical or architectural significance may be designated by the board as a Mississippi landmark. It is specifically provided, however, that no such site shall be so designated upon private land without the written consent of the landowner or landowners in recordable form sufficiently describing the site so that it may be located. Upon such designation the consent of the landowner shall be recorded in the deed records of the county in which the land is located. Any such site upon private land shall be marked by at least one (1) marker, approved by the board, bearing the words “Mississippi Landmark” for each five (5) acres of area.

HISTORY: Codes, 1942, § 6192-107; Laws, 1970, ch. 267, § 7; Laws, 1983, ch. 458, § 6, eff from and after July 1, 1983.

§ 39-7-15. Removal from designation.

Upon majority vote of the board any Mississippi landmark on public or private land may be determined to be of no further historical, archaeological, or architectural significance, or not of sufficient significance to warrant its further classification as such, and upon such determination it may be removed from such designation. In the case of sites located on private land that have theretofore been designated by instrument of record, the board is authorized to cause to be executed and recorded in the deed records of the county where such site is located an instrument setting out such determination and releasing the site from the provisions thereof.

HISTORY: Codes, 1942, § 6192-108; Laws, 1970, ch. 267, § 8; Laws, 1983, ch. 458, § 7, eff from and after July 1, 1983.

§ 39-7-17. Contracts for salvage; surveys; excavation.

The board shall be authorized to enter into contracts with other state agencies or institutions and with qualified private institutions, corporations, or individuals for the discovery and salvage of treasure imbedded in the earth, sunken or abandoned ships or wrecks of the sea, parts thereof and their contents. Such contracts are to be on forms approved by the attorney general. The contracts may provide for fair compensation to the salvager in terms of a percentage of the reasonable cash value of the objects recovered, or at the discretion of the board, of a fair share of the objects recovered. The amount constituting a fair share shall be determined by the board, taking into consideration the circumstances of each such operation. The reasonable cash value may be determined by contract provision providing for appraisal by qualified experts or by representatives of the contracting parties and their representative or representatives. Such contract shall provide for the termination of any right in the salvager or permittee thereunder upon the violation of any of the terms thereof. Superior title to all objects recovered shall be retained by the State of Mississippi unless and until it is released to the salvager or permittee by the board. No person, firm, or corporation may conduct such salvage or recovery operation herein described without first obtaining such contract. All such contracts shall specify, among other things, the location, nature of the activity, and the time period covered thereby, and when executed are to be recorded by the person, firm, or corporation obtaining such contract, in the office of the chancery clerk in the county or counties where such operations are to be conducted, prior to the commencement of such operation.

The board shall be authorized to conduct surveys to identify Mississippi landmarks on or under all lands and waters belonging to the State of Mississippi, or any county, city or political subdivisions of the state and to excavate or study all Mississippi landmarks. The board shall be further authorized to identify and excavate historic, architectural, or archaeological sites on private property, however, it is specifically provided that no such survey may be undertaken on private land without consent of the landowner and that no excavation may be undertaken on private land without the landowner’s written consent.

HISTORY: Codes, 1942, § 6192-109; Laws, 1970, ch. 267, § 9; Laws, 1983, ch. 458, § 8, eff from and after July 1, 1983.

§ 39-7-19. Permits for excavation, salvage, studies, etc., at Mississippi landmarks.

The board shall be authorized to issue permits to other state agencies or institutions and to qualified private institutions, companies, or individuals for the taking, salvaging, excavating, restoring, or the conducting of scientific or educational studies at, in or on Mississippi landmarks as in the opinion of the board would be in the best interest of the State of Mississippi. Such permits may provide for the retaining by the permittee of a portion of any recovery, as set out for contracting parties under Section 39-7-17. Such permit shall provide for the termination of any rights in the permittee thereunder upon the violation of any of the terms thereof and shall be drafted in compliance with forms approved by the attorney general. All such permits shall specify, among other things, the location, nature of the activity, and time period covered thereby. No person, firm, or corporation shall conduct any such operations on any Mississippi landmarks without first obtaining and having in his or its possession such permit at the site of such operation, nor shall such operations be conducted in violation of the provisions of such permit.

HISTORY: Codes, 1942, § 6192-110; Laws, 1970, ch. 267, § 10; Laws, 1983, ch. 458, § 9, eff from and after July 1, 1983.

§ 39-7-21. Supervision of salvage or recovery operations; custody of antiquities; promulgation of rules and regulations.

All salvage or recovery operations described under Section 39-7-17, and all operations conducted under permits set out in Section 39-7-19, must be carried out under the general supervision of the board, in accordance with reasonable rules and regulations adopted by the board, and in such manner that the maximum amount of historic, scientific, archeological, and educational information may be recovered and preserved in addition to the physical recovery of items. The board shall be the legal custodian of all antiquities recovered, and is specifically authorized and empowered to promulgate such rules and regulations and to require such contract or permit conditions as to reasonably effect the purposes of this chapter.

HISTORY: Codes, 1942, § 6192-111; Laws, 1970, ch. 267, § 11, eff from and after passage (approved March 2, 1970).

§ 39-7-22. Public construction or improvement affecting potential Mississippi landmarks.

1. In the early stages of planning and always prior to the letting of bids for public construction, public improvement of any nature, 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 potential Mississippi landmarks will be affected, or if significant sites, buildings, or structures on nonpublic lands will be affected.
2. If the department determines that significant historic, architectural, or archaeological sites, buildings, structures, locations, or remains will be adversely affected by the public construction or improvement, the proposed public construction or improvement 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.
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.

HISTORY: Laws, 1983, ch 458, § 10, eff from and after July 1, 1983.

§ 39-7-23. Expenditures for acquisition of items; gifts and bequests; contracts for temporary possession of items by others.

The board is hereby authorized to expend such sums, from any appropriations hereafter made for such purposes, as it may deem advisable, to purchase from the salvager or permittee such salvager’s or permittee’s share, or portion thereof, of items recovered which in the opinion of the board should remain the property of the State of Mississippi. The board is authorized and empowered to accept gifts, grants, devises, and bequests of money, securities, or property to be used in the purchase of such items from the salvager or permittee. Further, in this respect, the board may enter into contracts or agreements with such persons, firms, corporations, or institutions, as it might choose, whereby such persons, firms, corporations, or institutions, for the privilege of retaining temporary possession of such items, may advance to the board the money necessary to procure from the salvager or permittee such items as the board might determine should remain the property of the State of Mississippi, upon the condition that at any time the board may choose to repay to such person, firm, corporation, or institution such sum so advanced, without interest or additional charge of any kind, it may do so and may recover possession of such items. During the time these items are in the possession of the person, firm, corporation, or institution advancing the money for the purchase thereof, they shall be available for viewing by the general public without charge or at no more than a nominal admission fee, and such items may not be removed from the State of Mississippi for appraisal, exhibition, or restorative purposes, except upon written authorization of the board.

HISTORY: Codes, 1942, § 6192-112; Laws, 1970, ch. 267, § 12, eff from and after passage (approved March 2, 1970).

§ 39-7-25. Restoration of antiquities for private parties.

The restoration of antiquities for private parties is authorized and shall be under the rules and regulations promulgated by the board, and all costs incurred in such restoration, both real and administrative, shall be paid by the private party.

HISTORY: Codes, 1942, § 6192-113; Laws, 1970, ch. 267, § 13, eff from and after passage (approved March 2, 1970).

§ 39-7-27. Reproduction, forging, etc., of antiquity with intent to deceive.

No person shall intentionally reproduce, replicate, retouch, rework, or forge any archeological or other object which derives value from its antiquity, with intent to represent the same to be original or genuine and with intent to deceive or offer any such object for sale or exchange.

HISTORY: Codes, 1942, § 6192-114; Laws, 1970, ch. 267, § 14, eff from and after passage (approved March 2, 1970).

§ 39-7-29. Defacing of American Indian or aboriginal markings or carvings.

No person shall intentionally and knowingly deface any American Indian or aboriginal paintings, hieroglyphics, or other marks or carvings on rock or elsewhere which pertain to early American Indian or aboriginal habitation of the country.

HISTORY: Codes, 1942, § 6192-115; Laws, 1970, ch. 267, § 15, eff from and after passage (approved March 2, 1970).

§ 39-7-31. Entry upon land of another to deface, remove or destroy archeological relics or sites.

No person, not being the owner thereof, and without the written consent of the owner, proprietor, lessee, or person in charge thereof, shall enter or attempt to enter upon the lands of another and intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any historical structure, monument, marker, medallion, or artifact, or any prehistoric or historic archaeological site, American Indian or aboriginal remains located in, on or under any private lands within the State of Mississippi. No person without a permit from the board, and without written permission of the landowner, shall intentionally injure, disfigure, remove, excavate, damage, take, dig into, or destroy any prehistoric or historic American Indian or aboriginal burial.

HISTORY: Codes, 1942, § 6192-116; Laws, 1970, ch. 267, § 16; Laws, 1983, ch. 458, § 11, eff from and after July 1, 1983.

§ 39-7-33. Disfigurement, removal, destruction, etc., of historical structure or artifact.

It shall be unlawful for any person, not being the owner thereof, and without lawful authority, to wilfully injure, disfigure, remove or destroy any historical structure, monument, marker, medallion, or artifact.

HISTORY: Codes, 1942, § 6192-120; Laws, 1970, ch. 267, § 20, eff from and after passage (approved March 2, 1970).

§ 39-7-35. Penalties for violations of chapter; finder’s fee for arrest and conviction of violator.

1. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five hundred dollars ($500.00) and not more than five thousand dollars ($5,000.00), or by confinement in jail for not more than thirty (30) days, or by both such fine and confinement. Each day of continued violation of any provision of this chapter shall constitute a distinct and separate offense for which the offender may be punished.
2. The board at its discretion may grant a “finder’s fee,” not to exceed five hundred dollars ($500.00), for the arrest and conviction of any person in violation of this chapter.

HISTORY: Codes, 1942, § 6192-117; Laws, 1970, ch. 267, § 17; Laws, 1983, ch. 458, § 12, eff from and after July 1, 1983.

§ 39-7-37. Civil action to enjoin violations or threatened violations of chapter; venue.

In addition to, and without limiting the other powers of the attorney general of the state of Mississippi and without altering or waiving any criminal penalty provision of this chapter, the attorney general shall have the power to bring an action in the name of the State of Mississippi in any court of competent jurisdiction to enjoin violations or threatened violations of this chapter, and for the return of items taken in violations of the provisions hereof, and for the restoration of alterations made in violation of the provisions hereof. The venue of such actions shall lie in the county in which the activity sought to be enjoined is alleged to be taking place, or in the county from which the items were taken. Any citizen in the State of Mississippi shall have the power to bring an action in any court of competent jurisdiction to enjoin violations or threatened violations of this chapter, and for the return of items taken in violation of the provisions hereof. The venue of such actions shall lie in the county in which the activity sought to be enjoined is alleged to be taking place, or in the county from which the items were taken.

HISTORY: Codes, 1942, § 6192-118; Laws, 1970, ch. 267, § 18; Laws, 1983, ch. 458, § 13, eff from and after July 1, 1983.

§ 39-7-39. Other agencies and governments to assist in enforcement of chapter.

The chief administrative officers of all state agencies and of all state and local governments are authorized and directed to cooperate with and assist the board and the attorney general in carrying out the intent of this chapter. All law enforcement agencies and officers, state and local, are authorized and directed to assist in enforcing and in carrying out the intent of this chapter.

HISTORY: Codes, 1942, § 6192-119; Laws, 1970, ch. 267, § 19; Laws, 1983, ch. 458, § 14, eff from and after July 1, 1983.

§ 39-7-41. Certain archaeological records exempt from requirement of public access.

Records in the possession of the Mississippi Department of Archives and History or any other public body as defined in paragraph (a) of Section 25-61-3 which contain information about the location of any specific archaeological site and which in the opinion of any such agency possessing such records would, upon the disclosure thereof, create a substantial risk of damage or destruction to the historical value of such archaeological site or create a substantial risk of damage or destruction to private property rights, shall be exempt from the provisions of the Mississippi Public Records Act of 1983.

HISTORY: Laws, 1983, ch. 424, § 17, eff from and after July 1, 1983.

§ 39-9-1. Creation of trusts; purposes.

Any person desiring in his lifetime, to promote the public welfare by founding, endowing and having maintained a public library, museum, art gallery or educational institutions within this state, to be operated without profit, may to that end and for such purposes by grant, in writing, convey to a trustee, or any number of trustees, named in such grant, and to their successors, forever, such real property in this state as shall be necessary to the operation of such library, museum, art gallery or educational institutions, and any personal property wherever situate.

HISTORY: Codes, 1930, § 3636; 1942, § 6193; Laws, 1922, ch. 193.

§ 39-9-3. Designations by grantor of trust.

The person making such grant may therein designate:

1. The nature, objects and purposes of the institution to be founded, endowed and maintained;
2. The name by which it shall be known;
3. The powers and duties of the trustee or trustees and the manner in which he or they shall account, and to whom, if accounting be required; however, such powers and duties shall not be held to be exclusive of other powers which may be necessary to enable such trustee or trustees to carry out the object of such grant;
4. The mode and manner, and by whom, the successors to the trustee or trustees named in the grant are to be appointed, in perpetuity; and
5. Such rules and regulations for the management of the property conveyed as the grantor may elect to prescribe; however, such rules shall be deemed advisory only, and shall not preclude such trustee or trustees from making such change as new conditions may from time to time require.

HISTORY: Codes, 1930, § 3637; 1942, § 6194; Laws, 1922, ch. 193.

§ 39-9-5. Founding of institution for profit prohibited; payment of dividends; compensation of trustees; charging of fees by institutions.

No institution for pecuniary profit shall be founded under this chapter; nor shall any dividends be declared or paid by any institution founded under this chapter; and no trustee, officer, member or employee of any institution founded hereunder shall receive, or be entitled to receive, any pecuniary profit from the operations thereof except reasonable compensation for services in effecting or furthering any one or more of the objects or purposes of the institution. In case of a public library any requirements for the payment of fees for various privileges shall not divest such library of its public character when such requirements are usual or customary in case of public libraries throughout the state or the United States. In the case of educational institutions, requirements as to the payment of matriculation fees, laboratory fees, library fees, fees of like kind or nature, board and lodging of students, and any of the requirements customary or usually insisted upon in the public educational institutions of this state shall not divest such institutions of their public character.

HISTORY: Codes, 1930, § 3638; 1942, § 6195; Laws, 1922, ch. 193.

§ 39-9-7. Exemption from taxation of institutions.

Every institution founded under this chapter, and the property of such institution, including real property, money, stock, bonds, notes, certificates of indebtedness, other evidences of indebtedness, and all other personal property, excepting motor vehicles, so far as devoted exclusively to carrying out objects and purposes of such institution shall be exempt from all state, county and municipal taxes. However, such institution shall own only such real property as shall be necessary to the fulfillment of the objects and purposes of such institution.

HISTORY: Codes, 1930, § 3639; 1942, § 6196; Laws, 1922, ch. 193; Laws, 1978, ch. 514, § 6, eff from and after July 1, 1978.

§ 39-9-9. Receipt of gifts and bequests by institutions.

Every institution founded under this chapter shall be competent to receive by purchase or gift further property, provided the aggregate of all real property held by such institution shall not exceed the amount necessary to the fulfillment of the objects and purposes of such institution. Such institution shall be competent to receive by bequest further property provided such bequest is not in violation of sections two hundred and sixty-nine, and two hundred and seventy of the constitution of Mississippi. The property so received shall be devoted exclusively to the purposes of such institution.

HISTORY: Codes, 1930, § 3640; 1942, § 6197; Laws, 1922, ch. 193.

§ 39-9-11. Powers and duties of trustees.

The trustee or trustees named in any grant made and their successors, may in the name of the institution, as designated in such grant, sue and defend, in relation to the trust property and in relation to all matters affecting the institution endowed and established by such grant.

HISTORY: Codes, 1930, § 3641; 1942, § 6198; Laws, 1922, ch. 193.

§ 39-9-13. Execution, acknowledgement and recording of grants.

Any grant made under the provisions of this chapter may be executed, acknowledged and recorded in the same manner as is now provided by law for the execution, acknowledging, and recording of grants of real property.

HISTORY: Codes, 1930, § 3642; 1942, § 6199; Laws, 1922, ch. 193.

§ 39-11-1. Creation; composition; qualifications and appointment of members.

There is hereby created and established a state commission to be known as the Mississippi Arts Commission, to consist of fifteen members broadly representative of all fields of the performing, visual, literary arts, and the business community, and who are to be appointed by the governor from among citizens of the state who have demonstrated a vital interest in the performing, visual, or literary arts. These members shall also be representative of the different geographical areas of the state.

HISTORY: Codes, 1942, § 6199-21; Laws, 1968, ch. 498, § 1, eff from and after passage (approved June 24, 1968).

§ 39-11-3. Terms of office and compensation of members; officers.

Of the members initially appointed to the Mississippi Arts Commission, three shall be appointed for terms of one year, three for terms of two years, three for terms of three years, three for terms of four years and three for terms of five years. Thereafter, terms shall be for five years. The members heretofore appointed to the commission under Executive Order No. 12 are to remain contingent members of the Mississippi Arts Commission until their successors are appointed under this chapter. No member of the commission who serves a full five-year term shall be eligible for reappointment during a one-year period following the expiration of his term. All vacancies shall be filled for the balance of the unexpired term in the same manner as original appointments. The members of the commission shall not receive any compensation for their services but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties as members of the commission. The commission will annually elect its chairman and other officers.

HISTORY: Codes, 1942, § 6199-22; Laws, 1968, ch. 498, § 2, eff from and after passage (approved June 24, 1968).

§ 39-11-5. Executive director; staff; advisory panels.

The chairman shall employ, with the approval of the commission, an executive director as administrative officer. The executive director shall employ other officers, experts and employees as may be needed and shall fix their compensation within the amounts made available for such purposes. Employment of staff members is subject to the approval of the commission. The commission may also, at its discretion, form advisory panels from qualified persons within the state to obtain their advice and counsel on matters pertaining to the arts. Members of these panels shall serve at the will and pleasure of the commission and will receive no compensation.

HISTORY: Codes, 1942, § 6199-23; Laws, 1968, ch. 498, § 3, eff from and after passage (approved June 24, 1968).

§ 39-11-7. Duties and objectives of commission.

The duties and objectives of the commission shall be:

1. To stimulate and encourage throughout the state the study and presentation of the performing, visual, and literary arts and public interest and participation therein;
2. To encourage participation in, appreciation of, and education in the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
3. To take such steps as may be necessary and appropriate, to encourage public interest in the cultural heritage of Mississippi, to expand the state’s cultural resources, and to promote the use of art in the state government’s activities and facilities; and
4. To encourage excellence and assist freedom of artistic expression essential for the well-being of the arts.

HISTORY: Codes, 1942, § 6199-24; Laws, 1968, ch. 498, § 4, eff from and after passage (approved June 24, 1968).

§ 39-11-9. General powers of commission; Mississippi Fund for the Arts.

1. The Mississippi Arts Commission is authorized and empowered to hold public hearings, to enter into contracts within the limit of funds available therefor, with individuals, organizations and institutions for services furthering the objectives of the commission’s programs; to enter into contracts, within the limit of funds available therefor, with local and regional associations for cooperative endeavors furthering the objectives of the commission’s programs; to accept gifts, contributions and bequests of funds from individuals, foundations, corporations and other organizations or institutions for the purpose of furthering the objectives of the commission’s programs; to make and sign any agreements and to do and perform any acts that may be necessary to carry out the purposes of this chapter. The commission may request and shall receive from any department, division, board, bureau, commission or agency of the state such assistance and data as will enable it properly to carry out its powers and duties hereunder.
2. A special fund to be designated as the Mississippi Fund for the Arts is hereby created in the State Treasury. All funds deposited in this fund shall be used exclusively for the objectives of the commission as herein provided. Donations, bequests and grants deposited into the Mississippi Fund for the Arts may be disbursed by the Mississippi Arts Commission in accordance with the terms of the bequest or grant and in compliance with the purposes and policies of the Mississippi Arts Commission. Any disbursements made from the fund shall be authorized by both the chairman and the executive director of the commission and shall be supported by official actions and votes spread upon the minutes of the commission at an open public meeting. Any unexpended balance in the fund at the end of the fiscal year shall not lapse into the State General Fund and may be expended by the commissioner in subsequent fiscal years. Any interest earned on the fund may remain in the fund for disbursement by the commission in compliance with its purposes and policies. All transactions of the fund shall be reported annually to appropriate state agencies and subject to audit by the State Auditor and by auditors of donors. The Mississippi Fund for the Arts shall not be used for grants from federal agencies, including, but not limited to, the National Endowment for the Arts.

HISTORY: Codes, 1942, § 6199-25; Laws, 1968, ch. 498, § 5; Laws, 1994, ch. 383, § 1; Laws, 2000, ch. 410, § 1, eff from and after passage (approved Apr. 17, 2000.).

§ 39-11-11. Receipt and disbursement of federal funds.

The commission is the official agency of the state to receive and disburse appropriate funds made available by the federal government for programs related to the performing, visual, and literary arts.

HISTORY: Codes, 1942, § 6199-26; Laws, 1968, ch. 498, § 6, eff from and after passage (approved June 24, 1968).

§ 39-11-13. Building Fund for the Arts.

1. 1. A special fund, to be designated as the “Building Fund for the Arts,” is created within the State Treasury. The fund shall be maintained by the State Treasurer as a separate and special fund, separate and apart from the General Fund of the state. The fund shall consist of any money designated for deposit therein from any source, including, but not limited to, any state general obligation bonds issued for the purposes described in this section. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and investment earnings on amounts in the fund shall be deposited into such fund.
   2. [Repealed].
   3. The entity to which such grants are made shall provide matching funds from local, federal or private sources equal to forty percent (40%) of the proposed project cost in order to be eligible for a grant under this section.
   4. The maximum aggregate amount of monies in the special fund that may be used to provide grant funds to an entity or combination of entities under paragraph (b)(iii) of this subsection shall not exceed One Million Dollars ($1,000,000.00), and no monies in the special fund may be used to provide grant funds under paragraph (b)(iii) of this subsection after July 1, 2003. The maximum aggregate amount of grant funds that may be provided to an entity or combination of entities under paragraph (b)(iii) of this subsection during a fiscal year shall not exceed Five Hundred Thousand Dollars ($500,000.00).
2. 1. Amounts deposited into such special fund shall be disbursed to pay the costs of projects described in subsection (1) of this section. If any monies in the special fund are derived from proceeds of bonds issued under Sections 3 through 18 of Chapter 541, Laws of 2001, as amended by Chapter 540, Laws of 2002, as amended by Chapter 519, Laws of 2003, as amended by Chapter 1, Laws of 2004 Third Extraordinary Session, as amended by Chapter 538, Laws of 2006, as amended by Section 1 of Chapter 607, Laws of 2007, and are not used within four (4) years after the date such bond proceeds are deposited into the special fund, then the Mississippi Arts Commission shall provide an accounting of such unused monies to the State Bond Commission.
   2. [Repealed]
3. The Mississippi Arts Commission is expressly authorized and empowered to receive and expend any local or other source funds in connection with the expenditure of funds provided for in this section. The expenditure of money deposited into the special fund shall be under the direction of the Mississippi Arts Commission, and such funds shall be paid by the State Treasurer upon warrants issued by the Department of Finance and Administration upon request of the Mississippi Arts Commission, which warrants shall be issued upon requisitions signed by the Executive Director of the Mississippi Arts Commission, or his or her designee.
4. The Mississippi Arts Commission shall adopt necessary rules and regulations to govern the administration of the program described in subsection (1) of this section, including, but not limited to, rules and regulations governing applications for grants and rules and regulations providing for the distribution of grant funds. The Mississippi Arts Commission shall comply with the provisions of the Mississippi Administrative Procedures Law.

HISTORY: Laws, 2001, ch. 541, § 2; Laws, 2002, ch. 540, § 2; Laws, 2003, ch. 519, § 2; 2004, 3rd Ex Sess, ch. 1, § 209; Laws, 2005, ch. 458, § 1; Laws, 2006, ch. 538, § 10; Laws, 2007, ch. 377, § 1; Laws, 2007, ch. 607, § 2; Laws, 2008, ch. 354, § 1; Laws, 2011, ch. 398, § 1; Laws, 2014, ch. 441, § 1, eff from and after July 1, 2014.

§ 39-13-1. Short title.

This chapter shall be cited as the “Mississippi Local Government Historic Preservation Law of 1978.”

HISTORY: Laws, 1978, ch. 472, § 1, eff from and after passage (approved April 4, 1978).

§ 39-13-2. Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

“Alteration” means any change in the exterior appearance or materials of a landmark or a structure within a historic district or on a landmark site.

“Certificate of appropriateness” means an official signed and dated governmental document issued by either a local historic preservation commission or a governing authority to permit specific work in a historic district or at a landmark site or landmark which has been reviewed and approved.

“Construction” means work which is neither alteration nor demolition. Essentially, it is the erection of a new structure which did not previously exist, even if such a structure is partially joined to an existing structure.

“Demolition” means the intentional removal of a structure within a local historic district or on a landmark site or which has been designated as a landmark.

“Demolition by neglect” means substantial deterioration of a historic structure that results from improper maintenance or a lack of maintenance.

“Design review guidelines,” if adopted by a local historic preservation commission, shall be in a written form designed to inform local property owners about historical architectural styles prevalent in a community and to recommend preferred treatments and discourage treatments that would compromise the architectural integrity of structures in a historic district or on a landmark site or individually designated as landmarks.

“Historic landmark” means a structure of exceptional individual significance and typically is a structure which could not be included within a local historic district.

“Historic preservation commission” means a municipal or county body established to advise a local government on matters relating to historic preservation, including the designation of historic districts, landmarks and landmark sites, and which may be empowered to review applications for permits for alteration, construction, demolition, relocation or subdivision for structures in historic districts or on landmark sites or designated as landmarks.

“Historic district” means a group of two (2) or more tax parcels and their structures, and may be an entire neighborhood of structures linked by historical association or historical development. It is not necessary that all structures within a historic district share the same primary architectural style or be from the same primary historical period. A historic district may also include both commercial and residential structures, and may include structures covered by two (2) or more zoning classifications. A historic district may include both contributing and noncontributing structures.

“Landmark site” means a location where a primary architectural or historical resource formerly stood or a significant historic event took place or an important archeological resource remains.

“Period of greatest historic significance for a landmark” means the time period during which the landmark had been essentially completed but not yet altered. It is also the period during which the style of architecture of the landmark was commonplace or typical. If a landmark also achieved historical importance in part because of designed landscape features, the period of greatest historic significance includes the time period during which such landscape features were maintained.

“Relocation” means the moving of a structure to a new location on its tax parcel or the relocation of such a structure to a new tax parcel.

“Structure” means a man-made object and typically will be visible because of portions which exist above grade. Structures built during the historic period, 1700 forward, may in some instances not be visible above grade if they are cellars, cisterns, icehouses or similar objects which by their nature are intended to be built into the ground. A structure includes both interior components and visible exterior surfaces, as well as attached elements such as signs and related features such as walks, walls, fences and other nearby secondary structures or landmark features.

“Subdistricts” means discrete areas within a larger historic district within which separate design guidelines are appropriate and that may be created to recognize different zoning classifications or historic development patterns which have caused adjacent historic areas to develop at different times.

“Subdivision” includes any change in the boundaries of a single tax parcel, whether the change results in expansion or reduction or a boundary relocation.

“Substantial deterioration” means structural degradation of such a nature that water penetration into a historic structure can no longer be prevented, or structural degradation that causes stress or strain on structural members when supports collapse or warp, evidence of which includes defective roofing materials, broken window coverings and visible interior decay.

“Survey of resources” means the documentation, by historical research or a photographic record, of structures of historical interest within a specified area or jurisdiction or of existing structures within a proposed historic district.

“Unauthorized demolition” means the deliberate demolition of a historic structure without prior review and approval by a local historic preservation commission or a governing authority to which such a commission has made a recommendation.

“Unreasonable economic hardship” means the definition under constitutional standards used to determine whether a “taking” exists.

HISTORY: Laws, 2001, ch. 443, § 2, eff from and after July 1, 2001.

§ 39-13-3. Authority to create local historic preservation commissions; authority and procedure for establishment of districts and designation of landmarks.

The governing authority of each municipality and county, either independently or jointly with the governing authority of an adjacent municipality or county, or both, is hereby empowered, in its discretion, to enact ordinances providing for the creation of one or more local historic preservation commissions to advise on the establishment and location of potential historic districts and the designation of potential historic landmarks and landmark sites within the jurisdictional area of the governing authority. The governing authorities of each municipality and county, either independently or jointly with the governing authorities of an adjacent municipality, may enact ordinances for the establishment of such local historic districts, historic landmarks and landmark sites within the jurisdictional area of the governing authorities as these authorities shall choose to designate. Each such ordinance shall be adopted after investigation of the historical, architectural, archaeological and cultural significance of the buildings, structures, features, sites and surroundings of such districts, landmarks or landmark sites and after having held public hearing thereon. Notice of such public hearing, specifying the boundaries of any proposed historic district and the location of proposed historic landmarks and landmark sites shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in such municipality or county. The first publication of such resolution shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the public hearing and the last publication shall be made not more than seven (7) days prior to such date. If no newspaper be published in such municipality or county, then such notice shall be given by publishing the resolution for the required time in some newspaper having a general circulation in such municipality or county.

An ordinance to establish a local historic preservation commission may precede an ordinance to designate one or more local historic districts and one or more landmarks or landmark sites. Whenever governing authorities enact such an ordinance creating a historic preservation commission before an ordinance or ordinances designating one or more local historic districts and one or more landmarks or landmark sites, the local historic preservation commission shall review such potential local historic districts or potential landmarks or landmark sites and make a recommendation to the governing authorities before such designation.

HISTORY: Laws, 1978, ch. 472, § 2; Laws, 2001, ch. 443, § 3, eff from and after July 1, 2001.

§ 39-13-5. Historic preservation commissions; powers and duties; composition; terms of office; officers; minutes of meetings.

Before it may designate one or more historic districts, or simultaneously with such designation, the governing body of any county or municipality, individually or jointly, shall establish a historic preservation commission to preserve, promote and develop the historical resources of such county or municipality in accordance with the provisions of this chapter. The historic preservation commission shall have the following powers:

The commission shall conduct or cause to be conducted a continuing study and survey of resources within the county or municipality or combination thereof.

The commission shall recommend to the county or municipality or combination thereof the adoption of ordinances designating historic districts, landmarks and landmark sites.

The commission may recommend that the county or municipality or combination thereof recognize subdistricts within any historic district in order that the commission may adopt specific guidelines for the regulation of properties within such a subdistrict.

The commission shall review applications proposing construction, alteration, demolition or relocation of any resource or subdivision of tax parcels designated as landmarks or landmark sites contained within a historic district. The document granting such an application shall be known as a certificate of appropriateness. No commission may deny a certificate of appropriateness for demolition if denial of such a certificate would cause unreasonable economic hardship to an owner.

The commission shall use as a basis for its decisions on applications for certificates of appropriateness the Secretary of the Interior’s Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings as well as any more specific design review guidelines adopted by the commission or the governing authority of the county or municipality or combination thereof.

The commission, at the discretion of the governing authority, may grant or deny the certificates of appropriateness in whole or in part and may grant certificates of appropriateness contingent upon the acceptance by the applicant of specified conditions.

The commission shall not consider interior arrangements of buildings and structures except that it may when requested by the Department of Archives and History to advise the department on questions relating to the interiors of publicly owned historic buildings. Interior arrangements not to be considered by the commission shall include floor plans, architectural details and finishes, but the commission may consider interior structural elements visible through doors or windows if they become deteriorated because of demolition by neglect. Such interior structural elements may include walls, floors and ceilings, as well as other supporting elements of a composite structure.

The commission may, by local ordinance, review proposed governmental actions affecting governmentally owned structures included within local historic districts, located on landmark sites or designated as landmarks.

The commission, subject to the consent of and requirements of the county or municipality or combination thereof, may apply for, receive, hold and spend funds from private and public sources in addition to appropriations made by the county or municipality or combination thereof for the purpose of carrying out the duties of the commission.

The commission, subject to the consent of and the requirements of the county or municipality or combination thereof, may employ such staff or contract with technical experts or other persons as may be required for the performance of its duties and may obtain the equipment, supplies and other materials necessary for its effective operation.

The commission, solely in the performance of its official duties and only at reasonable times, may enter upon private land for the examination or survey thereof. No member, employee or agent of the commission shall enter any private dwelling or structure without the express consent of the owner of record or occupant thereof.

A municipality, by ordinance, may specify that color changes are outside the jurisdiction of the commission.

Such commission shall consist of not fewer than five (5) nor more than nine (9) residents of the county or municipality, or combination thereof, establishing the commission who shall be appointed by the governing authority with due regard to proper representation in such fields as history, architecture, urban planning, archaeology and law. All members of the commission shall serve at the will and pleasure of the governing authority appointing them and shall serve staggered terms. The precise method of appointment, and general terms of appointment, shall be specified in a local ordinance. If a documented good faith effort has been made unsuccessfully by the governing authority to locate residents of the county or municipality to serve on the commission, the governing authority may appoint individuals who own property within the boundary of the county or municipality, or both, or are in the service of an employer located within the boundary of the county or municipality, or both. The commission annually shall elect from its membership a chairman and a vice chairman and may employ such qualified staff personnel and counsel as it deems necessary. The commission shall retain as evidence of its discussions and decisions a complete set of minutes and may additionally create tape recordings or transcripts of its meetings. In addition, the commission shall retain copies of all applications filed with it including supporting documentation that may be added during open public meetings to supplement an original application or comment thereon. The commission shall advise the governing authority as to the designation of historic districts and the designation of historic landmarks and landmark sites. If any governing authority, in its discretion, chooses to divide the duties and responsibilities of the commission into no more than two (2) commissions or boards, each commission or board shall be established as directed in this section.

HISTORY: Laws, 1978, ch. 472, § 3; Laws, 1980, ch. 363; Laws, 2001, ch. 443, § 4, eff from and after July 1, 2001.

§ 39-13-7. Notification to Department of Archives and History of proposed designation of historic district or local historic preservation commission; comments by department concerning proposed district or commission.

No historic district or districts shall be designated until the Mississippi Department of Archives and History has been notified by certified letter by the governing authority of a municipality or county and invited to make recommendations concerning the proposed district boundaries. The Mississippi Department of Archives and History may comment by letter, telephone, e-mail or in person through designated staff. The boundary of a historic district or landmark or landmark site may follow the formal legal description of a tax parcel or parcels or, because of historical justification or topographical conditions, may deviate from such formal legal descriptions. When a boundary deviates from formal legal descriptions, there must be written justification for such a deviation in any local designating ordinance.

When a municipality or county has already created by ordinance a local historic preservation commission, that commission shall jointly notify both the governing authority of the municipality or county and the Mississippi Department of Archives and History that a historic district is being proposed and recommended and shall provide to the Mississippi Department of Archives and History the dates of the next two (2) public meetings of the governing authority at which action on the designation of such a district might be taken so that the Mississippi Department of Archives and History may comment in a timely manner. Failure of the Mississippi Department of Archives and History to comment by the date of the second such meeting shall relieve the municipality or county of any responsibility for awaiting and responding to such analysis, and the body may at any time thereafter take any necessary action to create the proposed historic district.

When a municipality or county has not previously created by ordinance a local historic preservation commission and the governing authority proposes to create such a commission, the governing authority must give the Mississippi Department of Archives and History an opportunity to comment on the proposed provisions for such an ordinance, unless such ordinance is substantially identical to any model local historic preservation ordinance which has been recommended and promulgated by the Mississippi Department of Archives and History. Whenever the Mississippi Department of Archives and History is invited to comment on the terms of a proposed local historic preservation ordinance, failure of the department to comment within forty-five (45) days after a written request for comments has been received shall relieve the governing authority of any responsibility to wait further for such comments.

HISTORY: Laws, 1978, ch. 472, § 4; Laws, 2001, ch. 443, § 5, eff from and after July 1, 2001.

§ 39-13-9. Appropriations; application by locality to participate in Certified Local Government Program of the National Park Service; eminent domain.

The governing authority of any county or municipality, individually or jointly, is authorized to make appropriations to a historic preservation commission, in any amount that it may determine necessary for the expenses of the operation of such commission. A governing authority may apply to participate in the Certified Local Government Program of the National Park Service, which is administered in Mississippi by the Department of Archives and History and may on behalf of a local historic preservation commission apply for funding from the Department of Archives and History to supplement funds available from the governing authority itself. Said governing authorities shall not be empowered to acquire by eminent domain any historic preservation properties unless such properties are needed for governmental purposes other than historic preservation.

HISTORY: Laws, 1978, ch. 472, § 5; Laws, 2001, ch. 443, § 6, eff from and after July 1, 2001.

§ 39-13-11. Designation of historic districts, landmarks, and landmark sites; procedures; vote of historic preservation commission; public hearing; vote of local governing authority to adopt or reject designation.

A governing authority may provide by local ordinance the procedures to be followed to designate historic districts, landmarks and landmark sites. Such an ordinance may provide that a governing authority may designate such properties upon the recommendation of a local historic preservation commission.

A potential historic district or landmark or landmark site may be proposed for designation by either a majority of the members of a local historic preservation commission or an owner of a potential landmark or landmark site or an organization which has as one of its central purposes the promotion of historic preservation objectives. If in private ownership, a landmark site must include significant surviving landscape features to qualify for designation unless its primary significance is archeological, and new construction after review and approval, shall be built to fit into such landscape features rather than replace them or shall be designed to avoid insofar as possible an archeological resource rather than replace it. If in public ownership, a local historic preservation commission shall discourage new construction on a site of great significance to the entire community unless the new construction can be located on a portion of the site which will permit a continuing understanding of its historical character and will avoid damage to surviving landscape features or an archeological resource.

Once a nomination has been filed with an existing historic preservation commission or the governing authority of a municipality or county proposing to create such a commission and designate one or more local properties, a decision on whether to proceed with the designation must be made within six (6) months.

When a historic preservation commission already exists within a community, a majority of the commission’s members must vote in favor of any proposed designation in order for the file supporting the designation to be sent forward to the local governing authority for its consideration. No file purporting to justify a proposed designation may be forwarded to a governing authority unless the commission’s recommendation includes a map that clearly delineates boundaries for the proposed designation, a verbal description and justification of the proposed boundaries and a written statement of significance for the historic district or landmark or landmark site proposed for designation. Unless justification is contained in a designating ordinance, the boundary for any historic landmark shall include an entire tax parcel and may include adjoining tax parcels that were historically linked to the primary parcel during the period of greatest historic significance for the landmark structure.

The local governing authority must conduct at least one public hearing on the proposed designation and notice of the public hearing must be published weekly for at least three (3) consecutive weeks in a local newspaper authorized to publish legal notices.

The local governing authority must take action on the proposed designation within sixty (60) days of the public hearing, either to adopt a designating ordinance or to reject the proposed designation.

As quickly as would be reasonably possible, a local historic preservation commission must notify other municipal agencies and any appropriate county or state agencies of the designation of a historic district, landmark or landmark site. The commission must maintain in its official files an updated list and map of local designations and provide copies of such a map to other governmental agencies within one (1) week of the preparation of a new version of the map.

HISTORY: Laws, 2001, ch. 443, § 7, eff from and after July 1, 2001.

§ 39-13-13. Issuance of certificates of appropriateness for certain construction, alteration, demolition or relocation of structures within a historic district or landmark property.

A local historic preservation commission, if so empowered by a local ordinance or a local government acting upon the advice of a local historic preservation commission, may approve an application and issue a certificate of appropriateness if it finds that a proposed construction, alteration, demolition, subdivision or relocation is consistent with the design review guidelines established by the commission, would be compatible with the character of a historic district or landmark or landmark site and does not compromise the historic and architectural integrity of the historic district, landmark or landmark site. A governing authority may require that a property owner post a bond to guarantee satisfactory completion of a relocation project. Any local historic preservation ordinance shall specify whether partial demolition shall be considered an alteration or demolition, as it may not be both.

Whenever a local historic preservation commission shall deny or recommend denial of a certificate of appropriateness, the commission must state the reasons for such denial in writing. Thereafter, an applicant may resubmit a new application at any time, except that an applicant must wait six (6) months whenever an application for a certificate of appropriateness is denied for a landmark property of statewide or national significance and notice of any second or subsequent application must be sent to the Mississippi Department of Archives and History as well as to the local historic preservation commission.

A governing authority may require that denial of a certificate of appropriateness shall be binding upon a local building inspector or the agency responsible for issuing building permits and shall prevent the issuance of other building permits for the same parcel until a certificate of appropriateness is approved. A certificate of appropriateness may be required for work which does not require a building permit. A certificate of appropriateness may be evidenced by either a written and dated letter to an owner or applicant or such a letter accompanied by a signed and dated stamp on the face of any and all architectural or project drawings prepared for a project. A governing authority may provide by ordinance that a certificate of appropriateness shall expire at the end of a specified time period if work has not begun.

HISTORY: Laws, 2001, ch. 443, § 8, eff from and after July 1, 2001.

§ 39-13-15. Demolition by neglect; demolition of historic landmark or landmark site without review and approval by historic preservation commission.

The governing authority of any county or municipality, individually or jointly, may enact local legislation governing “demolition by neglect,” defined as improper maintenance or lack of maintenance of any property in a historic district, or any historic landmark or landmark site, which results in substantial deterioration of such a property and threatens its continued stability and preservation. The governing authority of any county or municipality, individually or jointly, is further authorized, in its discretion, to fine any property owner who has been found to own a property that has been determined to be threatened by demolition by neglect as defined herein. Such property owner, from the date such property is found to be in demolition by neglect by the governing authority until such repairs are made to remove the danger to the property, shall be in violation of the provisions of this section.

In addition to the powers specified in Section 21-19-11(1), a governing authority, if the Historic Preservation Division of the Department of Archives and History concurs, may make repairs necessary to correct demolition by neglect, and the cost of such repairs shall become a lien against the property in accordance with Section 21-19-11(3).

If a property in a historic district or a historic landmark or landmark site is demolished without review and approval by a local historic preservation commission, the governing authority may require that the owner rebuild on the site using as much of the original building material as possible, but in general following the same form. A governing authority may specify by ordinance that unauthorized demolition of a portion of a structure shall not serve as justification for a demolition permit whenever it can be shown that restoration or rehabilitation would still be feasible.

Whenever a structure or structures is demolished without review and approval by a local historic preservation commission, the governing authority may require that no permit be issued for any structure or structures proposed for the same parcel which would require a footprint larger than the footprint of the demolished structure or structures.

If a historic landmark or landmark site of statewide or national significance is demolished without review and approval by a local historic preservation commission, the governing authority may require that no permit for any construction on the parcel from which the landmark or landmark site has been removed may be issued for a period of up to twenty-four (24) months.

HISTORY: Laws, 2001, ch. 443, § 9, eff from and after July 1, 2001.

§ 39-13-17. Penalties for violations; separate offense for each day violation exists.

Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00).

Each day that a violation continues to exist shall constitute a separate offense.

HISTORY: Laws, 2001, ch. 443, § 10, eff from and after July 1, 2001.

§ 39-13-19. Appeal.

If a property owner in a historic district, or the owner of a historic landmark or landmark site, is denied a certificate of appropriateness, the property owner may appeal such decision either to the governing authority of the city or county or combination thereof or may, if such venue has been made available at the discretion of the governing authority, appeal directly to the chancery court. Any such appeal shall be reviewed upon the record established before the local historic preservation commission. Any local property owner or organization aggrieved or damaged by such a decision may appeal in the same manner.

HISTORY: Laws, 2001, ch. 443, § 11, eff from and after July 1, 2001.

§ 39-13-21. In general.

The governing authorities of each municipality and county may stabilize the economy of the areas within the boundary of such municipality or county through the continued use, preservation and revitalization of key historic and architectural resources. It is recognized that the protection and enhancement of such attractions help to attract tourists and visitors, and that the further development of local heritage tourism programs supports and stimulates local business and industry. This chapter permits governing authorities to strengthen civic pride and ensure cultural stability through neighborhood conservation and historic preservation activities. This chapter establishes a review process for the preservation and appropriate redevelopment of the key historic and architectural resources of a governing authority and creates procedures which ensure adequate public notice before the creation of local historic preservation commissions or the designation of local historic districts, landmarks and landmark sites.

HISTORY: Laws, 2001, ch. 443, § 1, eff from and after July 1, 2001.

§ 39-13-23. Effect on existing historic preservation commissions and historic district or landmark designations.

Nothing in Laws, 2001, ch. 443 shall require the dissolution of any local historic preservation commission created in Mississippi before July 1, 2001. Any local historic preservation commission created by ordinance before July 1, 2001 shall continue in existence and continue to have all of the purposes, powers and authority set out in the ordinance creating such commission. Any such previously created commission may be given the powers set forth in this chapter if a governing authority reenacts a local ordinance in conformity with this chapter.

No designation of a historic district or landmark or landmark site shall be invalidated because the designation was made under a valid ordinance before July 1, 2001.

HISTORY: Laws, 2001, ch. 443, § 12, eff from and after July 1, 2001.

§ 39-15-1. Authority of municipal and county government to expend general fund monies in support of the arts.

The governing authorities of any municipality or county are hereby authorized and empowered, in their discretion, to expend monies from the municipal or county general fund to match any other funds available for the purpose of supporting the development, promotion and coordination of the arts within such municipality or county.

HISTORY: Laws, 1986, ch. 496, eff from and after passage (approved April 16, 1986).

§ 39-17-1. Recognition of need for Sports Hall of Fame.

The Legislature recognizes the need for a Sports Hall of Fame to honor Mississippians who have made significant contributions to Mississippi through sports. The Legislature further recognizes that a Sports Hall of Fame would be of great economic and cultural importance to Mississippi.

HISTORY: Laws, 1993, ch. 489, § 1, eff from and after passage (approved April 1, 1993).

§ 39-17-3. Site of Mississippi Sports Hall of Fame and Dizzy Dean Museum.

The Mississippi Sports Hall of Fame and Dizzy Dean Museum may be constructed on property currently owned by the state and located adjacent to the Jim Buck Ross Mississippi Agriculture and Forestry Museum in Jackson, Mississippi, or on property located adjacent to the Jim Buck Ross Mississippi Agriculture and Forestry Museum and conveyed to the state by the City of Jackson. The Department of Finance and Administration may enter into agreement with the governing authorities of the City of Jackson for the movement and relocation of exhibits housed in the currently existing Dizzy Dean Museum.

HISTORY: Laws, 1993, ch. 489, § 2, eff from and after passage (approved April 1, 1993).

§ 39-17-5. Funding of facility; special account.

The Mississippi Sports Hall of Fame and Dizzy Dean Museum shall be funded, in part, by the sale of exclusive rights to market soft drinks at the State Fairgrounds, the Jim Buck Ross Mississippi Agriculture and Forestry Museum and the Mississippi Sports Hall of Fame and Dizzy Dean Museum; however, the sale of such rights for the state fairgrounds shall include the Mississippi State Fair and the Dixie National Livestock Show and Rodeo and no other event or activity on the state fairgrounds. The Mississippi Fair Commission and the Mississippi Department of Agriculture and Commerce shall have the authority to enter contracts for the sale of the aforementioned exclusive rights for a term not exceeding twelve (12) years per contract. If bids for the purchase of such rights are in an amount that is less than the amount needed to construct the Mississippi Sports Hall of Fame and Dizzy Dean Museum, then the Mississippi Fair Commission and the Mississippi Department of Agriculture and Commerce may reject all bids and shall not be obligated to enter into such contracts. Funds so generated shall be deposited in a special, interest-bearing account, in the State Treasury to be administered by the Department of Finance and Administration. The account shall be known as the “Mississippi Sports Hall of Fame and Dizzy Dean Museum Account” and all interest accrued thereon shall be credited to the account. Any funds in the account shall not lapse into the General Fund at the end of the fiscal year but shall remain in the account. Any balance remaining at the end of the project shall be transferred to the operating account of the Mississippi Sports Hall of Fame and Dizzy Dean Museum.

HISTORY: Laws, 1993, ch. 489, § 3, eff from and after passage (approved April 1, 1993).

§ 39-17-7. Construction, furnishing and equipping of facility.

The Department of Finance and Administration shall proceed with constructing, furnishing and equipping the facility as soon as practicable after April 1, 1993.

HISTORY: Laws, 1993, ch. 489, § 4, eff from and after passage (approved April 1, 1993).

§ 39-17-9. Lease of facility to nonprofit corporation [Repealed effective July 1, 2036].

1. The Department of Finance and Administration may lease the Mississippi Sports Hall of Fame and Dizzy Dean Museum for a period not exceeding twenty (20) years to a nonprofit corporation whose primary purpose for incorporation is the support and improvement of the Mississippi Sports Hall of Fame and Dizzy Dean Museum. The lease may be renewed for one (1) period not exceeding twenty (20) years.
2. The benefit to Mississippi from the operation of such lease or renewal lease shall be considered as sufficient consideration. The lease or renewal lease shall be executed for a nominal fee and it shall be presumed that such lease or renewal lease shall not amount to a donation of state property.
3. This section shall stand repealed from and after July 1, 2036.

HISTORY: Laws, 1993, ch. 489, § 5; Laws, 2016, ch. 398, § 1, eff from and after passage (approved Apr. 11, 2016).

§ 39-17-101. Department of Finance and Administration authorized to issue general obligation bonds for construction, repairing, remodeling, equipping, furnishing, adding to or improving the capital facility of Mississippi Sports Hall of Fame and Dizzy Dean Museum.

The Department of Finance and Administration, at one time or from time to time, may declare by resolution the necessity for issuance of general obligation bonds of the State of Mississippi to provide funds for construction, repairing, remodeling, equipping, furnishing, adding to or improving the capital facility of the Mississippi Sports Hall of Fame and Dizzy Dean Museum authorized under Sections 39-17-1 through 39-17-9. Upon the adoption of a resolution by the Department of Finance and Administration, declaring the necessity for the issuance of any part or all of the general obligation bonds authorized by this section, the department shall deliver a certified copy of its resolution or resolutions to the State Bond Commission. Upon receipt of such resolution, the State Bond Commission, in its discretion, may act as the issuing agent, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, and do any and all other things necessary and advisable in connection with the issuance and sale of such bonds. The amount of bonds issued under Sections 39-17-101 through 39-17-127 shall not exceed Two Million Five Hundred Thousand Dollars ($2,500,000.00).

HISTORY: Laws, 1994, ch. 551, § 1, eff from and after July 1, 1994.

§ 39-17-103. Form and terms of bonds.

The principal of and interest on the bonds authorized under Sections 39-17-101 through 39-17-127 shall be payable in the manner provided in this section. Such bonds shall bear such date or dates, be in such denomination or denominations, bear interest at such rate or rates not exceeding the limits set forth in Section 75-17-101, be payable at such place or places within or without the State of Mississippi, shall mature absolutely at such time or times not to exceed twenty (20) years from date of issue, be redeemable before maturity at such time or times and upon such terms, with or without premium, shall bear such registration privileges, and shall be substantially in such form, all as determined by resolution of the State Bond Commission.

HISTORY: Laws, 1994, ch. 551, § 2, eff from and after July 1, 1994.

§ 39-17-105. Execution of bonds and coupons.

The bonds authorized under Sections 39-17-101 through 39-17-127 shall be signed by the Chairman of the State Bond Commission, or by his facsimile signature, and the official seal of the State Bond Commission shall be affixed thereto, attested by the Secretary of the State Bond Commission. The interest coupons, if any, to be attached to such bonds may be executed by the facsimile signatures of such officers. Whenever any such bonds shall have been signed by the officials designated to sign the bonds who were in office at the time of such signing but who may have ceased to be such officers before the sale and delivery of such bonds, or who may not have been in office on the date such bonds may bear, the signatures of such officers upon such bonds and coupons shall nevertheless be valid and sufficient for all purposes and have the same effect as if the person so officially signing such bonds had remained in office until their delivery to the purchaser, or had been in office on the date such bonds may bear. However, notwithstanding anything in Sections 39-17-101 through 39-17-127 to the contrary, such bonds may be issued as provided in the Registered Bond Act of the State of Mississippi.

HISTORY: Laws, 1994, ch. 551, § 3, eff from and after July 1, 1994.

§ 39-17-107. Negotiability of bonds and coupons; compliance with Uniform Commercial Code not required.

All bonds and interest coupons issued under the provisions of Sections 39-17-101 through 39-17-127 have all the qualities and incidents of negotiable instruments under the provisions of the Mississippi Uniform Commercial Code, and in exercising the powers granted by Sections 39-17-101 through 39-17-127, the State Bond Commission shall not be required to and need not comply with the provisions of the Mississippi Uniform Commercial Code.

HISTORY: Laws, 1994, ch. 551, § 4, eff from and after July 1, 1994.

§ 39-17-109. State Bond Commission to issue bonds; sale and redemption of bonds.

The State Bond Commission shall act as the issuing agent for the bonds authorized under Sections 39-17-101 through 39-17-127, prescribe the form of the bonds, advertise for and accept bids, issue and sell the bonds so authorized to be sold, pay all fees and costs incurred in such issuance and sale, and do all other things necessary and advisable in connection with the issuance and sale of the bonds. The State Bond Commission may pay the costs that are incident to the sale, issuance and delivery of the bonds authorized under Sections 39-17-101 through 39-17-127 from the proceeds derived from the sale of the bonds. The State Bond Commission shall sell such bonds on sealed bids at public sale, and for such price as it may determine to be for the best interest of the State of Mississippi, but no such sale may be made at a price less than par plus accrued interest to the date of delivery of the bonds to the purchaser. All interest accruing on such bonds so issued shall be payable semiannually or annually; however, the first interest payment may be for any period of not more than one (1) year.

Notice of the sale of any such bond shall be published at least one (1) time, not less than ten (10) days before the date of sale, and shall be so published in one or more newspapers published or having a general circulation in the City of Jackson, Mississippi, and in one or more other newspapers or financial journals with a national circulation, to be selected by the State Bond Commission.

The State Bond Commission, when issuing any bonds under the authority of Sections 39-17-101 through 39-17-127, may provide that the bonds, at the option of the State of Mississippi, may be called in for payment and redemption at the call price named therein and accrued interest on such date or dates named therein.

HISTORY: Laws, 1994, ch. 551, § 5, eff from and after July 1, 1994.

§ 39-17-111. Bonds deemed general obligations of State; payment of principal and interest from State treasury.

The bonds issued under the provisions of Sections 39-17-101 through 39-17-127 are general obligations of the State of Mississippi, and for the payment thereof the full faith and credit of the State of Mississippi is irrevocably pledged. If the funds appropriated by the Legislature are insufficient to pay the principal of and the interest on such bonds as they become due, then the deficiency shall be paid by the State Treasurer from any funds in the State Treasury not otherwise appropriated. All such bonds shall contain recitals on their faces substantially covering the provisions of this section.

HISTORY: Laws, 1994, ch. 551, § 6, eff from and after July 1, 1994.

§ 39-17-113. Certification of necessity for warrants; issuance of warrants to pay principal of and interest on bonds.

The State Treasurer is authorized to certify to the State Fiscal Officer the necessity for warrants, and the State Fiscal Officer is authorized and directed to issue such warrants, in such amounts as may be necessary to pay when due the principal of, premium, if any, and interest on, or the accredited value of, all bonds issued under Sections 39-17-101 through 39-17-127; and the State Treasurer shall forward the necessary amount to the designated place or places of payment of such bonds in ample time to discharge such bonds, or the interest on the bonds, on their due dates.

HISTORY: Laws, 1994, ch. 551, § 7, eff from and after July 1, 1994.

§ 39-17-115. Deposit of proceeds of bonds into “Mississippi Sports Hall of Fame Fund”; use of funds.

Upon the issuance and sale of bonds under Sections 39-17-101 through 39-17-127, the State Bond Commission shall deposit the proceeds of any such sale or sales in a special fund created in the State Treasury to be known as the “Mississippi Sports Hall of Fame Fund.” The proceeds of such bonds shall be used solely for the purposes provided in Sections 39-17-101 through 39-17-127, including the costs incident to the issuance and sale of such bonds. The costs incident to the issuance and sale of such bonds shall be disbursed by warrant upon requisition of the State Bond Commission, signed by the chairman of the commission. The remaining moneys in the fund shall be expended solely under the direction of the Department of Finance and Administration under such restrictions, if any, as may be contained in the resolution providing for the issuance of the bonds, and such funds shall be paid by the State Treasurer upon warrants issued by the State Fiscal Officer.

HISTORY: Laws, 1994, ch. 551, § 8, eff from and after July 1, 1994.

§ 39-17-117. Proceedings, conditions, etc., for issuance of bonds; bond issue resolution.

The bonds authorized under Sections 39-17-101 through 39-17-127 may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things that are specified or required by Sections 39-17-101 through 39-17-127. Any resolution providing for the issuance of bonds under Sections 39-17-101 through 39-17-127 shall become effective immediately upon its adoption by the State Bond Commission, and any such resolution may be adopted at any regular or special meeting of the State Bond Commission by a majority of its members.

HISTORY: Laws, 1994, ch. 551, § 9, eff from and after July 1, 1994.

§ 39-17-119. Validation of bonds.

The bonds authorized under the authority of Sections 39-17-101 through 39-17-127 may be validated in the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the manner and with the force and effect provided by Chapter 13, Title 31, Mississippi Code of 1972, for the validation of county, municipal, school district and other bonds. The notice to taxpayers required by such statutes shall be published in a newspaper published or having a general circulation in the City of Jackson, Mississippi.

HISTORY: Laws, 1994, ch. 551, § 10, eff from and after July 1, 1994.

§ 39-17-121. Enforcement of rights of bondholders.

Any holder of bonds issued under Sections 39-17-101 through 39-17-127 or of any of the interest coupons pertaining to the bonds may, either at law or in equity, by suit, action, mandamus or other proceeding, protect and enforce all rights granted under Sections 39-17-101 through 39-17-127, or under such resolution, and may enforce and compel performance of all duties required by Sections 39-17-101 through 39-17-127 to be performed, in order to provide for the payment of bonds and interest on the bonds.

HISTORY: Laws, 1994, ch. 551, § 11, eff from and after July 1, 1994.

§ 39-17-123. Bonds as legal investments and securities.

All bonds issued under Sections 39-17-101 through 39-17-127 shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi, and such bonds shall be legal securities that may be deposited with and shall be received by all public officers and bodies of this state and all municipalities and political subdivisions for the purpose of securing the deposit of public funds.

HISTORY: Laws, 1994, ch. 551, § 12, eff from and after July 1, 1994.

§ 39-17-125. Exemption from taxation of bonds and income.

Bonds issued under Sections 39-17-101 through 39-17-127 and income from the bonds shall be exempt from all taxation in the State of Mississippi.

HISTORY: Laws, 1994, ch. 551, § 13, eff from and after July 1, 1994.

§ 39-17-127. Construction of §§ 39-17-101 through 39-17-127.

Sections 39-17-101 through 39-17-127 shall be deemed to be full and complete authority for the exercise of the powers granted, but Sections 39-17-101 through 39-17-127 shall not be deemed to repeal or to be in derogation of any existing law of this state.

HISTORY: Laws, 1994, ch. 551, § 14, eff from and after July 1, 1994.

§ 39-19-1. Short title.

This chapter shall be known and may be cited as the “Museum Unclaimed Property Act.”

HISTORY: Laws, 1997, ch. 464, § 1, eff from and after passage (approved March 26, 1997).

§ 39-19-3. Definitions.

The following words and phrases shall have the meanings ascribed herein, unless the context clearly requires otherwise:

“Lender” means an individual, corporation, partnership, trust, estate, or similar organization, whose name appears on the records of the museum as the entity legally entitled to control property on loan to the museum.

“Loan,” “on loan,” or “loaned,” means property in the possession of the museum accompanied by evidence that the lender intended to retain title to the property and to return to take physical possession of the property in the future.

“Museum” means a public or private nonprofit agency or institution located in this state and organized on a permanent basis for essentially educational or aesthetic purposes, which utilizes a professional staff, owns or utilizes tangible objects, cares for them, and exhibits them to the public on a regular basis.

“Museum records” means documents created and/or held by the museum in its regular course of business.

“Property” means a tangible object, in the custody of a museum, that has intrinsic historical, artistic, scientific, or cultural value.

“Restricted certified mail” means certified mail that carries on its face, in a conspicuous place where it will not be obliterated, the endorsement “deliver to addressee only” and for which the post office provides the mailer with a return receipt showing the date of delivery, the place of delivery, and the person to whom delivered.

“Unclaimed property” means property meeting the following two (2) conditions: (a) property is on loan to the museum; (b) the original lender, or anyone acting legitimately on the lender’s behalf, has not contacted the museum in writing for at least twenty-five (25) years from the date of the beginning of the loan, if the loan was for an indefinite or undetermined period, or for at least five (5) years after the date upon which the loan for a definite period expired.

HISTORY: Laws, 1997, ch. 464, § 2, eff from and after passage (approved March 26, 1997).

§ 39-19-5. Property loaned to museum; duties of museum.

1. For property loaned to a museum on or after March 26, 1997, the museum shall do all of the following at the time of the loan:
   1. Make and retain a written record containing at least all of the following:
      1. The lender’s name, address, and telephone number;
      2. A description of the property loaned in sufficient detail for ready identification;
      3. The beginning date of the loan; and
      4. The expiration date of the loan.
   2. Provide the lender with a signed receipt or loan agreement containing at a minimum the record set forth in subsection (a) above.
   3. Inform the lender of the existence of this chapter and provide the lender with a copy of this chapter upon the lender’s request.
2. Regardless of the date of a loan of property, the museum shall do the following:
   1. Update its records if a lender informs the museum of a change of address or change in ownership of property loaned, or if the lender and museum negotiate a change in the duration of the loan; and
   2. Inform the lender of the existence of this chapter when renewing or updating the records of an existing loan and provide the lender with a copy of this chapter upon the lender’s request.

HISTORY: Laws, 1997, ch. 464, § 3, eff from and after passage (approved March 26, 1997).

§ 39-19-7. Property loaned to museum; duties of lender.

1. As of March 26, 1997, the lender, or any successor of the lender, regardless of the date of a loan of property in the custody of a museum, shall promptly notify the museum in writing:
   1. Of a change in the lender’s address; and
   2. Of a change in ownership in the property on loan to the museum.
2. It shall be the responsibility of a successor of a lender to document the passage of rights of control to the property in the custody of the museum.
   1. Unless there is evidence of bad faith or gross negligence, a museum shall not be prejudiced by reason of any failure to deal with the true owner of any loaned property.
   2. In cases of disputed ownership of loaned property, a museum shall not be held liable for its refusal to surrender loaned property in its possession except in reliance upon a court order or judgment.

HISTORY: Laws, 1997, ch. 464, § 4, eff from and after passage (approved March 26, 1997).

§ 39-19-9. Termination of loan for unclaimed property.

A museum may terminate a loan for unclaimed property in its possession as follows:

The museum shall make a good faith and reasonable search for the identity and last known address of the lender from the museum records and other records reasonably available to museum staff. If the museum identifies the lender and the lender’s last known address, the museum shall give actual notice to the lender that the loan is terminated pursuant to subsection (b) of this section. If the identify or the last known address of the lender remains unknown after the search, the museum shall give notice by publication pursuant to subsection (c) of this section.

Actual notice of termination of a loan of unclaimed property shall take substantially the following form. The museum shall send a letter by restricted certified mail to the lender at the lender’s last known address giving a notice of termination of the loan, which shall include the following information:

Date of notice of termination;

Name of lender;

Description of property in sufficient detail for ready identification;

Approximate beginning date of the loan (and termination date, if applicable), if known;

The name and address of the appropriate museum official to be contacted regarding the loan; and

A statement that within ninety (90) days of the date of the notice of termination, the lender is required to remove the property from the museum or contact the designated official in the museum in writing to preserve the lender’s interests in the property and that failure to do so will result in the loss of all rights in the property pursuant to Section 39-19-11.

If the museum is unable to identify sufficient information to send actual notice pursuant to subsection (a) of this section, or if a signed return receipt of a notice sent by restricted certified mail under subsection (b) of this section is not received by the museum within thirty (30) days after the notice is mailed, the museum shall publish the notice of termination of loan containing all the information available to the museum as provided in subsection (b)(i) through (v) of this section at least twice, sixty (60) or more days apart, in a publication of general circulation in the county in which the museum is located, and the county of the lender’s last known address, if known.

HISTORY: Laws, 1997, ch. 464, § 5, eff from and after passage (approved March 26, 1997).

§ 39-19-11. Acquisition of title to unclaimed property.

From and after March 26, 1997, a museum acquires title to unclaimed property, under any of the following circumstances:

If a lender of property does not contact the museum in writing within ninety (90) days after the date notice was received for property for which a museum provides actual notice to a lender in accordance to Section 39-19-9 and for which a signed receipt has been received.

If a lender or anyone claiming a legal interest in that property does not contact the museum in writing within ninety (90) days after the date of the second publication, and notice by publication has been made pursuant to Section 39-19-9.

HISTORY: Laws, 1997, ch. 464, § 6, eff from and after passage (approved March 26, 1997).

§ 39-19-13. Escheat to state prohibited.

1. Property on loan to a museum shall not escheat to the state under any state escheat law, but shall pass to the museum under the provisions of Section 39-19-11.
2. Property interests other than those specifically addressed in this chapter are not affected by this chapter.

HISTORY: Laws, 1997, ch. 464, § 8, eff from and after passage (approved March 26, 1997).

§ 39-19-15. Transfer of title by museum.

A museum which acquires title to property under this chapter passes good title to another when transferring the property with the intent to pass title.

HISTORY: Laws, 1997, ch. 464, § 9, eff from and after passage (approved March 26, 1997).

§ 39-19-17. Lien for expenses for care of unclaimed loaned property.

From and after March 26, 1997, a museum shall have a lien for expenses incurred for reasonable care of loaned property unclaimed after the expiration date of the loan.

HISTORY: Laws, 1997, ch. 464, § 10, eff from and after passage (approved March 26, 1997).

§ 39-19-19. Conservation measures to property on loan.

1. Unless there is a written agreement between the museum and the lender to the contrary, a museum may apply conservation measures to property on loan to the museum without the lender’s or claimant’s permission if immediate action is required to protect the property on loan or other property in the custody of the museum or if the property on loan is a hazard to the health and safety of the public or the museum staff and if any of the following apply:
   1. The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known address or phone number, and if action is to be taken within more than three (3) days, but less than one (1) week from the time the museum determined action was necessary;
   2. The museum is unable to reach the lender or claimant at the lender’s or claimant’s last known phone number before taking action if the action is to be taken within three (3) days or less from the time the museum determined action was necessary; or
   3. The lender or claimant does not respond or will not agree to the protective measures the museum recommends, yet is unwilling or unable to terminate the loan and retrieve the property.
2. If a museum applies conservation measures to property as provided by this section, or with the agreement of the lender and claimants, unless the agreement provides otherwise, the museum:
   1. Has a lien on the property and on the proceeds of any disposition of the property for the costs incurred by the museum; and
   2. Is not liable for injury to or loss of the property if the museum:
      1. Had a reasonable belief at the time the action was taken that the action was necessary to protect the property on loan or other property in the custody of the museum, or that the property on loan was a hazard to the health and safety of the public or the museum staff; and
      2. Exercised reasonable care in the choice and application of conservation measures.

HISTORY: Laws, 1997, ch. 464, § 11; Laws, 1998, ch. 441, § 1, eff from and after July 1, 1998.

§ 39-19-21. Loan provisions by written contract.

Notwithstanding the provisions of this chapter, a lender and museum can bind themselves to different loan provisions by written contract.

HISTORY: Laws, 1997, ch. 464, § 7, eff from and after passage (approved March 26, 1997).

§ 39-21-1. Legislative intent.

The Legislature recognizes the need for a craft center in Mississippi to enable Mississippi craft persons to demonstrate their skills and display their creations to Mississippians and tourists from other states. The Legislature further recognizes that a craft center would be of great economic and cultural importance to Mississippi.

HISTORY: Laws, 1997, ch. 501, § 1, eff from and after July 1, 1997.

§ 39-21-3. Mississippi craft center; location; construction.

1. A facility to house the Mississippi Craft Center may be located within the corporate limits of Ridgeland, Mississippi.
2. Consideration for the purchase of the property described in subsection (1) of this section necessary for the construction of the facility to house the Mississippi Craft Center shall not exceed the average of the fair market price for such real property as determined by two (2) professional property appraisers selected by the Department of Finance and Administration and certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board. Appraisal fees shall be paid by the Department of Finance and Administration from the proceeds of the bonds issued pursuant to Chapter 501, Laws of 1997.

HISTORY: Laws, 1997, ch. 501, § 2; Laws, 2000, ch. 457, § 1, eff from and after passage (approved Apr. 19, 2000.).

§ 39-21-4. “Mississippi Craft Center” renamed the “William Lowe (Bill) Waller, Sr. Craft Center.”

1. The MississippiCraft Center established under authority of Section 39-21-3, Mississippi Code of 1972, located within Ridgeland, Madison County, Mississippi,and under the jurisdiction of the Department of Finance and Administrationand leased to The Craftsmen’s Guild of Mississippi, Inc., shallbe renamed the “William Lowe (Bill) Waller, Sr. Craft Center.”
2. The Departmentof Finance and Administration shall prepare or have prepared a distinctiveplaque to be placed in a prominent place within the William Lowe (Bill)Waller, Sr. Craft Center that states the background, accomplishmentsand service to the state of the Honorable William Lowe (Bill) Waller,Sr. The Department of Finance and Administration, in conjunction withThe Craftsmen’s Guild of Mississippi, Inc., shall erect orcause to be erected proper lettering or signage on the outdoor facadeof the Craft Center displaying the official name of the building asthe “William Lowe (Bill) Waller, Sr. Craft Center.”The Department of Finance and Administration may expend all fundsnecessary to accomplish this act from funds appropriated by the Legislaturefor such purpose.

HISTORY: Laws, 2018, ch. 375, § 1, eff from and after July 1, 2018.

§ 39-21-5. Authority of Department of Finance and Administration to Construct Mississippi Craft Center.

The Department of Finance and Administration shall proceed with the purchase of necessary property, and constructing, furnishing and equipping a facility to house the Mississippi Craft Center as soon as practicable.

HISTORY: Laws, 1997, ch. 501, § 3, eff from and after July 1, 1997.

§ 39-21-7. Lease or operating agreement with Mississippi Craftmen’s Guild.

Upon completion of the construction, furnishing and equipping of the facility to house the Mississippi Craft Center as provided for in this chapter, the Department of Finance and Administration shall enter into a lease, sublease or operating agreement for a period not exceeding twenty (20) years, with The Craftsmen’s Guild of Mississippi, Inc. whereunder The Craftsmen’s Guild of Mississippi, Inc., shall assume exclusive responsibilities for operating the facility. The benefit to Mississippi from the operation of such lease, sublease or operating agreement shall be considered as sufficient consideration. The lease, sublease or operating agreement shall be executed for a nominal fee and it shall be presumed that such lease shall not amount to a donation of state property.

HISTORY: Laws, 1997, ch. 501, § 4, eff from and after July 1, 1997.

§ 39-23-1. Recognition of need for Mississippi Children’s Museum.

The Legislature recognizes the need for a children’s museum in Mississippi to promote the educational and social development, well-being and joy of children. The Legislature further recognizes that a children’s museum would be of great economic and cultural importance to Mississippi.

HISTORY: Laws, 1997, ch. 535, § 16, eff from and after July 1, 1997.

§ 39-23-3. Location of Mississippi Children’s Museum.

The Mississippi Children’s Museum may be located:

At the old National Guard Armory located on the Mississippi State Fairgrounds in Jackson, Mississippi, after the repair, renovation, furnishing and equipping of such facility by the Department of Finance and Administration as provided for in Sections 16 through 33 of Chapter 535, Laws of 1997, as amended;

In such structure and at such location as shall be submitted by the Board of Directors of the Mississippi Children’s Museum, a Mississippi nonprofit corporation, to and approved as an appropriate structure and location by the Department of Finance and Administration, after the repair, renovation, furnishing and equipping of such facility by the Department of Finance and Administration as provided in Sections 16 through 33 of Chapter 535, Laws of 1997, as amended; or

In the building, formerly known as the Mississippi Museum of Natural Science, on land located adjacent to the State Fairgrounds in the City of Jackson, County of Hinds, Mississippi, described more specifically as follows:

Starting at the point of intersection of the

North line of Pearl Street and the West line of

Jefferson Street, run Northerly along the West

line of Jefferson Street a distance of 240 feet

to the point of beginning, an iron pin.

Continue Northerly along the West line of

Jefferson Street for a distance of 257.9 feet to

an iron pin; turn left through an angle of 89 degrees -

57 minutes – 14 seconds and run Westerly for a

distance of 278.9 feet to an iron pin on the east

right-of-way line of the G.M. & O. Railroad; turn

left through an angle of 79 degrees – 29 minutes -

30 seconds and run Southerly along the East right-of-way

of the G.M. & O. Railroad (Said line being a curve

to the left with a radius of 2814.93 feet, chord

definition) for a distance of 260.4 feet to an iron

pipe; turn left through an angle of 95 degrees – 12

minutes – 26 seconds and run Easterly and parallel

with the North line of this tract for a distance of

314.7 feet to the point of beginning.

On certain real property owned by the State of Mississippi and held by the Mississippi Department of Agriculture and Commerce, more particularly described as follows:

39 acres lying in the northeast corner of the

intersection of Mississippi 25 and Interstate 55.

At any location in Hinds County as shall be submitted by the Board of Directors of the Mississippi Children’s Museum, a Mississippi nonprofit corporation, to the Department of Finance and Administration and approved as an appropriate location by the Department of Finance and Administration.

HISTORY: Laws, 1997, ch. 535, § 17; Laws, 1999, ch. 589, § 134; Laws, 2001, ch. 600, § 61; Laws, 2004, ch. 451, § 2, eff from and after July 1, 2004.

§ 39-23-5. Repair, renovation, furnishing and equipping of facility.

1. The Department of Finance and Administration shall proceed with the repair, renovation, furnishing and equipping of the old National Guard Armory on the Mississippi State Fairgrounds, or another structure if approved by the Department of Finance and Administration as provided in Section 17 of Chapter 589, Laws of 1999, for its use as a children’s museum as soon as practicable.
2. The Department of Finance and Administration shall proceed with the repair, renovation, furnishing and equipping of the facility at the location described in Section 39-23-3(c) as soon as practicable.
3. The Department of Finance and Administration shall proceed with the construction, furnishing and equipping of a facility at the location described in Section 39-23-3(d), if the location at such site is approved by the Board of Directors of the Mississippi Children’s Museum and the Department of Finance and Administration, as soon as practicable.
4. The Department of Finance and Administration shall proceed with the construction, furnishing and equipping of a facility at a location selected as provided in Section 39-23-3(e), if the location is approved by the Board of Directors of the Mississippi Children’s Museum and the Department of Finance and Administration, as soon as practicable.

HISTORY: Laws, 1997, ch. 535, § 18; Laws, 1999, ch. 589, § 135; Laws, 2001, ch. 600, § 62; Laws, 2004, ch. 451, § 3, eff from and after July 1, 2004.

§ 39-23-7. Lease of facility to nonprofit corporation.

1. If the old National Guard Armory is repaired, renovated, furnished and equipped as provided for in Sections 39-23-1 through 39-23-7 and Sections 20 through 33 of Chapter 535, Laws of 1997, as amended, the Mississippi Fair Commission shall lease the facility for a period not exceeding twenty (20) years to a nonprofit corporation whose primary purpose for incorporation is the support and improvement of a children’s museum in Mississippi. The benefit to Mississippi from the operation of such lease shall be considered as sufficient consideration. The lease shall be executed for a nominal fee and it shall be presumed that such lease shall not amount to a donation of state property.
2. If the facility at the location described in Section 39-23-3(c) is repaired, renovated, furnished and equipped as provided for in Sections 39-23-1 through 39-23-7 and Sections 20 through 33 of Chapter 535, Laws of 1997, as amended, the Department of Finance and Administration shall lease the facility for a period not exceeding twenty (20) years to a nonprofit corporation whose primary purpose for incorporation is the support and improvement of a children’s museum in Mississippi. The benefit to Mississippi from the operation of such lease shall be considered as sufficient consideration. The lease shall be executed for a nominal fee and it shall be presumed that such lease shall not amount to a donation of state property.
3. If the facility at the location described in Section 39-23-3(d) is constructed, furnished and equipped as provided for in Sections 39-23-1 through 39-23-7 and Sections 20 through 33 of Chapter 535, Laws of 1997, as amended, the Department of Finance and Administration shall lease the facility for a period not exceeding twenty (20) years to a nonprofit corporation whose primary purpose for incorporation is the support and improvement of a children’s museum in Mississippi. The benefit to Mississippi from the operation of such lease shall be considered a sufficient consideration. The lease shall be executed for a nominal fee and it shall be presumed that such lease shall not amount to a donation of state property.
4. If the facility at a location selected as provided in Section 39-23-3(e), to include the approval of any using and/or controlling agency, board or commission of the proposed site, is constructed, furnished and equipped as provided for in Sections 39-23-1 through 39-23-7 and Sections 20 through 33 of Chapter 535, Laws of 1997, as amended, the Department of Finance and Administration shall lease the facility for a period not exceeding fifty (50) years to a nonprofit corporation whose primary purpose for incorporation is the support and improvement of a children’s museum in Mississippi. The benefit to Mississippi from the operation of such lease shall be considered a sufficient consideration. The lease shall be executed for a nominal fee and it shall be presumed that such lease shall not amount to a donation of state property. Upon the expiration of the fifty-year lease term, the property leased, conveyed or transferred under this section shall revert back to the controlling agency or to the State of Mississippi.
5. The State of Mississippi shall retain all mineral rights to such property.

HISTORY: Laws, 1997, ch. 535, § 19; Laws, 1999, ch. 589, § 136; Laws, 2001, ch. 600, § 63; Laws, 2004, ch. 451, § 4; Laws, 2006, ch. 575, § 1, eff from and after passage (approved Apr. 24, 2006.).

§ 39-25-1. Establishment of Mississippi Arts and Entertainment Center; purpose of center; duties and objectives of center; Department of Finance and Administration authorized to contract with nonprofit corporation for construction, operation, and administration of center.

1. There is established the Mississippi Arts and Entertainment Center (“Center”) to be housed in a state-owned facility or facilities located within the corporate limits of Meridian, Mississippi. The purpose of the Center shall be to provide an educational, entertaining and interactive facility to capture the essence of Mississippi’s legacy in the arts and celebrate the richness and depth of that legacy and the Mississippians who created it with the world; and to provide family-oriented attractions in the delivery of an educational experience to citizens of, and visitors to, Mississippi.
2. The Center shall be a state-of-the-art facility which may include, but not be limited to, MAEC exhibits, a state-sanctioned Mississippi Arts and Entertainment Hall of Fame inducting icons in all genres of arts and entertainment, Walk of Fame, auditorium, outdoor performance plaza, and broadcast/recording facility. The Center will provide a vast educational resource for individuals and educators offering unparalleled insight into the lives and stories of Mississippi arts and entertainment treasures through seminars, workshops and demonstrations by guest professionals and/or amateur artists. The Center may promote, advertise and market its efforts under the name of the Center itself, as “the Mississippi Arts and Entertainment Experience,” or in such other manner as calculated to best further the goals and objectives of the Center.
3. The duties and objectives of the Center shall be:
   1. To stimulate and encourage throughout the state the study and presentation of the performing, visual, and literary arts and public interest and participation therein;
   2. To encourage participation in, appreciation of, and education in the arts to meet the legitimate needs and aspirations of persons in all parts of the state;
   3. To take such steps as may be necessary and appropriate to encourage public interest in the cultural heritage of Mississippi and the south to expand the state’s cultural resources, and to promote the use of art in state government’s activities and facilities; and
   4. To encourage excellence and assist freedom of artistic expression essential for the well-being of the arts.
4. The Department of Finance and Administration shall have the authority to lease or contract with, for a period not to exceed fifty (50) years, a nonprofit corporation whose primary purpose for incorporation is the support, improvement, administration and operation of the Center as provided for in subsections (1) and (2) of this section. The Department of Finance and Administration may establish the terms of the agreement. The benefit to Mississippi from the operation of this lease or contractual agreement shall be considered a sufficient consideration. The lease or contract shall require the nonprofit corporation to pay for any and all utility costs incurred by the Center and, therefore, the construction of the Center shall not be subject to the energy performance requirements for major facility projects contained in Section 31-11-35. The nonprofit corporation is authorized to hold public hearings, to enter into contracts within the limit of funds available therefor, with individuals, organizations and institutions for services furthering the objectives of the Center’s programs; to enter into contracts, within the limit of funds available therefor, with local and regional associations for cooperative endeavors furthering the objectives of the Center’s programs; to make and sign any agreements and to do and perform any acts that may be necessary to carry out the purposes of this section.
5. The Department of Finance and Administration may enter into any agreement with a nonprofit corporation necessary for the construction, operation and administration of the Center and may establish the terms of the agreement. For the construction, operation and administration of the Center, such nonprofit corporation may receive and expend any funds made available in any manner by public or private sources and may receive contributions and donations of land or other property and other forms of financial assistance and property, equipment, materials or manpower from persons, foundations, trust funds, corporations, organizations, and other public or private sources to be expended and used in carrying out the mission of the Center. Any real property purchased or received by donation for the Center shall be titled in the name of the State of Mississippi for the benefit and use of the Department of Finance and Administration.
6. For any lease or contractual arrangement to which the Department of Finance and Administration and a nonprofit corporation are a party to as provided in subsection (5), the nonprofit corporation shall, along with the possessory and leasehold interests and/or real and personal property of the corporation, be exempt from all ad valorem taxation, including, but not limited to, school, city and county ad valorem taxes, for the term or period of time stated in the lease or contractual arrangement.

HISTORY: Laws, 2001, ch. 508, § 1; Laws, 2013, ch. 460, § 1; Laws, 2017, ch. 361, § 1, eff from and after passage (approved Mar. 20, 2017).

§ 39-27-1. Mississippi Blues Commission created; “blues” defined; powers, functions and duties of commission; composition of membership; compensation; report; creation of special fund.

1. There is created the Mississippi Blues Commission, hereinafter referred to as the “commission.” The commission may accept and expend grants and private donations from any source, including federal, state, public and private entities, to assist it to carry out its functions.
2. For purposes of this chapter, the term “blues” shall mean African-American roots music and the culture that created it.
3. The powers, functions and duties of the commission shall include, but shall not be limited to, the following:
   1. To study, deliberate and report to the Governor and the Legislature on the best method or plan to market and foster an appreciation of the blues, to include tourism, academic study and blues archives, blues historical preservation, blues cultural education and the support of performing artists. The marketing plan shall be designed to attract tourists, conferences, music performances, filmmakers and others for the purpose of economic development of all geographic areas of the state, through the promotion of the blues and the heritage and culture that produced the blues, and to analyze the tourism potential of the blues for Mississippi.
   2. To make an inventory of blues “assets” that make up the blues and blues culture that could be developed into a program for domestic and international tourism, and opportunities for investment.
   3. To establish a statewide Mississippi “Blues Trail” infrastructure to offer to tourists and targeted groups a structured tour of Mississippi blues historical sites and performance venues.
   4. To coordinate with the Division of Tourism of the Mississippi Development Authority, the Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Educational Television Authority, the State Institutions of Higher Learning, the Center for the Study of Southern Culture at the University of Mississippi, the University Center for Economic Development at Mississippi Valley State University, the Delta Center for Culture and Learning at Delta State University, the Delta Blues Museum, the Delta Music Institute, the Mississippi Arts Commission and similar organizations in the sharing of resources and information in order to ensure a comprehensive approach to marketing the blues and blues culture in Mississippi.
   5. To make recommendations regarding the establishment of, and budgeting for, a permanent Mississippi Office of the Blues as an agency of state government with an executive director and appropriate staff to carry out the marketing plan developed by the commission. To the extent practical, any office shall be located at an existing public or private location which is appropriate to the blues or blues culture in Mississippi, with minimal cost to the state.
   6. To coordinate the blues marketing plan with any existing state historic preservation programs, in order to:
      1. Identify and preserve blues historic properties or sites;
      2. Determine the eligibility of those properties or sites for listing on the National Register;
      3. Prepare nominations of those properties or sites for inclusion on the National Register;
      4. Maintain blues historical and archaeological data bases; and
      5. Evaluate those properties and sites for eligibility for state and federal preservation incentives.
   7. To raise and expend grant funds to provide assistance to any blues musicians in need.
4. The commission shall be composed of the following members:
   1. The Director of the Division of Tourism of the Mississippi Development Authority;
   2. The Executive Director of the Mississippi Department of Archives and History, or his designee;
   3. The Executive Director of the Mississippi Arts Commission, or his designee;
   4. The Executive Director of the Mississippi Educational Television Authority, or his designee;
   5. The Director of the Center for the Study of Southern Culture at the University of Mississippi;
   6. Until April 10, 2008, the Director of the University Center for Economic Development at Mississippi Valley State University, and after April 10, 2008, a person designated by the President of Mississippi Valley State University;
   7. The Director of the Delta Center for Culture and Learning at Delta State University;
   8. The President of the B.B. King Museum and Delta Interpretive Center;
   9. The State Director of the USDA Rural Development Agency;
   10. Two (2) members of the Mississippi Senate designated by the Lieutenant Governor, who shall serve on a nonvoting basis;
   11. Two (2) members of the Mississippi House of Representatives designated by the Speaker of the House, who shall serve on a nonvoting basis;
   12. Two (2) members appointed by the Governor, who shall have experience in cultural affairs or tourism development in the Mississippi Delta; and
   13. Four (4) members appointed by the Governor from the state at large, who shall have demonstrated a commitment to the understanding and promotion of the blues.
5. The Governor shall designate one (1) commission member to serve as chairman for a term concurrent with that of the Governor. The commission shall meet upon the call of the chairman not later than August 1, 2004, and shall organize for business by adopting internal organizational procedures necessary for efficient operation of the commission, including officers, quorum requirements and policies for any commission staff. Each member of the commission shall designate necessary staff of his or her respective agency, department, university or business entity, as the case may be, to provide administrative support to assist the commission in performing its duties and responsibilities. The commission shall meet and conduct business at least quarterly each year. Meetings of the commission shall be open to the public and opportunity for public comment shall be made available.
6. Members of the commission shall receive no compensation for their services.
7. The commission shall submit a report, including any proposed legislation, to the Governor and to the Legislature before the convening of the 2009 Regular Session.The report shall include a comprehensive state plan for marketing the blues as specifically provided above.
8. All departments, boards, agencies, officers and institutions of the state, and all subdivisions thereof, shall cooperate with the commission in carrying out its purposes under this chapter.
9. Any funds or donations received by the commission shall be deposited into a special fund which is created in the State Treasury. The fund shall be maintained by the State Treasurer as a special fund, separate and apart from the General Fund of the state. Unexpended amounts remaining in the special fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned or investment earnings on amounts in the fund shall be deposited to the credit of the special fund.

   Monies in the fund shall be expended by the Department of Finance and Administration after receipt of requisitions submitted by the appropriate person designated by the commission. Monies in the special fund may be used by the commission in carrying out its responsibilities under this chapter.

HISTORY: Laws, 2004, ch. 391, § 1; Laws, 2008, ch. 476, § 1; Laws, 2010, ch. 368, § 1, eff from and after July 1, 2010.

§ 39-27-3. Mississippi Blues Trail historical markers.

The commission shall designate specific sites for erection of appropriate “Mississippi Blues Trail” markers to offer to tourists and targeted groups a structured tour of Mississippi blues historical sites and performance venues. The commission shall be authorized to purchase appropriate Mississippi Blues Trail markers from any of its available funds. The texts for the Mississippi Blues Trail markers shall be approved by the commission. The Mississippi Department of Transportation shall cooperate with the commission by erecting and maintaining the markers that have been approved by the commission.

HISTORY: Laws, 2004, ch. 391, § 2, eff from and after July 1, 2004.

§ 39-29-1. Mississippi Commission on the Holocaust created; membership; rules and regulations; gifts, grants and donations; compensation.

1. There is created the Mississippi Commission on the Holocaust in the executive branch of state government. The commission shall be assigned to the Office of the Secretary of State for administrative purposes only.
2. The commission shall be composed of the following members:
   1. Ex officio members as follows:
      1. The State Superintendent of Public Education or his or her designee;
      2. Commissioner of Institutions of Higher Learning or his or her designee;
   2. Public members as follows:
      1. Seven (7) public members, at least one (1) from each of the congressional districts, to be appointed by the Governor;
      2. Five (5) public members, at least one (1) from each of the congressional districts, to be appointed by the Speaker of the House of Representatives; and
      3. Five (5) public members, at least one (1) from each of the congressional districts, to be appointed by the Lieutenant Governor.
   3. The public members of the commission shall be residents of this state and shall be appointed with due regard for broad geographic representation. The public members should include, but are not be limited to, the following:
      1. Individuals who have served prominently as spokespersons for or as leaders of organizations or corporations that serve members of religious, ethnic, national heritage, or social groups that were subjected to genocide, torture, wrongful deprivation of liberty or property, officially imposed or sanctioned violence, and other forms of human rights violations and persecution at the hands of the Nazis and their collaborators during the Nazi era;
      2. Individuals who are experienced in the field of Holocaust education;
      3. Individuals who represent liberators of victims of the Holocaust; or
      4. Lay persons who have an interest in Holocaust education.
   4. Public members of the commission shall be appointed for the terms of five (5) years and until their respective successors are appointed and qualified. Public members may be eligible for reappointment. The office of any member of the commission who fails to attend more than two (2) consecutive meetings of the commission without an excuse approved by a resolution of the commission shall become vacant. All vacancies shall be filled by appointment in the same manner as the original appointment, and the person appointed to fill a vacancy shall serve for the remainder of the unexpired term.
   5. The commission shall have a chairperson who shall be appointed by the Governor for a term of five (5) years and until his or her successor is appointed and qualified.
   6. Seven (7) members of the commission shall constitute a quorum for the transaction of the business of the commission. Public members shall have the right to vote on any matter before the commission, but ex officio members and their designees shall not have the right to vote.
   7. The Speaker of the House of Representatives shall appoint a member of the House of Representatives and the Lieutenant Governor shall appoint a member of the Senate to serve as advisors to the commission.
3. The Mississippi Commission on the Holocaust shall adopt rules and regulations and set standards and policies for the organization, operation, management, budgeting and programs of the commission.
   1. The commission shall provide, based upon the collective knowledge and experience of its members, assistance and advice to public and private schools, colleges and universities with respect to the implementation of Holocaust education and awareness programs.
   2. The commission shall meet with appropriate education officials and other interested public and private organizations, including service organizations, for the purpose of providing information, planning, coordination, or modification of courses of study or programs dealing with the subject of the Holocaust.
   3. The commission shall survey and catalogue the extent of the Holocaust and genocide education presently being incorporated into the curricula and taught in the educational system of this state.
   4. The commission shall inventory those Holocaust memorials, exhibits and resources that could not be incorporated into courses of study or programs at various locations and other educational agencies for the development and implementation of Holocaust and genocide education programs. In furtherance of this responsibility, the commission may contact and cooperate with existing Holocaust and genocide public and private nonprofit resource organizations and may act as a liaison concerning Holocaust and genocide education or members of the United States Senate and House of Representatives, the Mississippi Senate and House of Representatives, the United States Holocaust Memorial Museum and other national and international Holocaust agencies.
   5. The commission shall compile a roster of individual volunteers who are willing to share their verifiable knowledge and experience in classrooms, seminars and workshops on the subject of the Holocaust. The volunteers may be survivors of the Holocaust, liberators of concentration camps, scholars, members of the clergy, community relations professionals, and other persons who, by virtue of their experience, education, or interest, have experience with the Holocaust.
   6. The commission shall coordinate events memorializing the Holocaust and seek volunteers who are willing and able to participate in commemorative events that will enhance public awareness of the significance of the Holocaust.
   7. The commission shall prepare reports for the Governor and the Legislature regarding its findings and recommendations to facilitate the inclusion of Holocaust studies and special programs memorializing the Holocaust in educational systems of this state.
   8. The commission shall appoint advisory committees to advise the commission on the fulfillment of its duties.
4. The commission may receive gifts, grants and donations from any public or private sources. Members of the commission may not be compensated for the performance of their duties except from funds that are specifically appropriated therefor by the Legislature or from gifts, grants or donations.

HISTORY: Laws of 2004, ch. 432, § 2, eff from and after July 1, 2004.

§ 39-31-1. Repealed.

Repealed by Laws, 2018, ch. 395, § 2, eff from and after July 1, 2018.

§39-31-1. [Laws, 2009, ch. 418, § 1, eff from and after July 1, 2009.]

§ 39-32-1. Mississippi Country and Western Music Commission created; commission powers, functions and composition; report; disposition of funds received by commission.

1. There is hereby created the Mississippi Country and Western Music Commission, hereinafter referred to as the “commission.” The commission may accept and expend grants and private donations from any source, including federal, state, public and private entities, to assist it to carry out its functions.
2. For purposes of this chapter, the term “country and western music” shall mean country and western, blue grass and related music genre and the culture that created it.
3. The powers, functions and duties of the commission shall include, but not be limited to, the following:
   1. To study, deliberate and report to the Governor and the Legislature on or before January 1, 2012, on the best method to market and foster an appreciation of country and western music, to include tourism, academic study and country and western music archives, country and western music historical preservation, country and western music cultural education and the support of performing artists. Such marketing plan shall be designed to attract tourists, conferences, music performances, filmmakers and others for the purpose of economic development of all geographic areas of the state through the promotion of country and western music and the heritage and culture that produced such, and to analyze the tourism potential of the country and western music for Mississippi.
   2. To make an inventory of country and western music “assets” that make up country and western music and its culture that could be developed into a program for domestic and international tourism, and opportunities for investment.
   3. Coordination with the Division of Tourism of the Mississippi Development Authority, the Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Educational Television Authority, the state institutions of higher learning, the Center for the Study of Southern Culture at the University of Mississippi, the Mississippi Arts Commission, and similar organizations to share resources and information in order to ensure a comprehensive approach to marketing the country and western music culture in Mississippi.
   4. To make recommendations regarding the establishment of, and budgeting for, a permanent Mississippi office of country and western music as an agency of state government with an executive director and appropriate staff to carry out the marketing plan developed by the commission. To the extent practical, any office shall be located at an existing public or private location which is appropriate to the country and western music culture in Mississippi, with minimal cost to the state.
   5. Coordination of the country and western music marketing plan with any existing state historic preservation programs, in order to:
      1. Identify and preserve country and western music historic properties;
      2. Determine the eligibility of such properties for listing on the National Register;
      3. Prepare nominations of such sites for inclusion on the National Register;
      4. Maintenance of country and western music historical and archaeological data bases; and
      5. Evaluation of such sites for eligibility for state and federal preservation incentives.
   6. To implement and continue the development and creation of the Mississippi Country Music Trail as outlined in Section 39-33-1, provide oversight of the trail and its infrastructure, and explore funding opportunities to support continued implementation.
4. The commission shall be composed of the following members:
   1. The Director of the Division of Tourism of the Mississippi Development Authority;
   2. The Executive Director of the Mississippi Department of Archives and History, or his designee;
   3. The Executive Director of the Mississippi Arts Commission, or his designee;
   4. The Executive Director of the Mississippi Educational Television Authority, or his designee;
   5. The Chairman of the Board of the Southern Arts and Entertainment Center, or his designee;
   6. The Director of the Center for the Study of Southern Culture at the University of Mississippi;
   7. The State Director of the USDA Rural Development Agency;
   8. Two (2) members of the Mississippi Senate designated by the Lieutenant Governor, who shall serve on a nonvoting basis;
   9. Two (2) members of the Mississippi House of Representatives designated by the Speaker of the House, who shall serve on a nonvoting basis;
   10. Two (2) members appointed by the Governor, who shall have experience in cultural affairs or tourism development in East Central Mississippi; and
   11. Four (4) members appointed by the Governor from the state at large, who shall have demonstrated a commitment to the understanding and promotion of country and western music.
5. The Governor shall designate one (1) commission member to serve as chairman for a term concurrent with that of the Governor. The commission shall meet upon the call of the chairman not later than July 1, 2011, and shall organize for business by adopting internal organizational procedures necessary for efficient operation of the commission, including officers, quorum requirements and policies for any commission staff. Each member of the commission shall designate necessary staff of their departments to provide administrative support to assist the commission in performing its duties and responsibilities. The commission shall meet and conduct business at least quarterly. Meetings of the commission shall be open to the public and opportunity for public comment shall be made available.
6. Members of the commission shall receive no compensation for their services.
7. The commission shall submit a report, including any proposed legislation, to the Governor and to the Legislature before the convening of the 2012 Regular Session. The report shall include a comprehensive state plan for marketing country and western music history as specifically provided above.
8. All departments, boards, agencies, officers and institutions of the state and all subdivisions thereof shall cooperate with the commission in carrying out its purposes under this chapter.
9. Any funds or donations received by the commission shall be deposited into a special fund which is hereby created in the State Treasury, and disbursement therefrom shall be made upon warrants by the Department of Finance and Administration after receipt of requisitions submitted by the appropriate person designated by the commission. Monies in the special fund may be used by the commission in carrying out its responsibilities under this chapter.

HISTORY: Laws, 2011, ch. 495, § 1; reenacted without change, Laws, 2015, ch. 350, § 1, eff from and after July 1, 2015.

§ 39-33-1. Division of Tourism of Mississippi Development Authority authorized to create statewide Mississippi Country Music Trail infrastructure; purpose; trail markers; coordination with other organizations to share resources and information; coordination of marketing plan with state historic preservation programs.

The Division of Tourism of the Mississippi Development Authority is authorized and directed to do the following:

To make an inventory of country music “assets” that make up the country music culture that could be developed into a program for domestic and international tourism, and opportunities for investment.

To establish a statewide Mississippi “Country Music Trail” infrastructure to offer to tourists and target groups a structured tour of Mississippi country music historical sites and performance venues.

To designate specific sites for the erection of appropriate “Mississippi Country Music Trail” markers to offer to tourists and targeted groups a structured tour of Mississippi country music historical sites and performance venues. The division shall be authorized to purchase appropriate Mississippi Country Music Trail markers from any of its available funds. The texts for the Mississippi Country Music Trail markers shall be approved by the division. The Mississippi Department of Transportation shall cooperate with the division by erecting and maintaining the markers that have been approved by the division.

To coordinate the Mississippi Country Music Trail program with the Mississippi Department of Archives and History, the Mississippi Department of Transportation, the Mississippi Educational Television Authority, the Board of Trustees of State Institutions of Higher Learning, the Jimmie Rogers Museum, the Center for the Study of Southern Culture at the University of Mississippi, the Delta Center for Culture and Learning at Delta State University, the Mississippi Arts Commission and similar organizations to share resources and information in order to ensure a comprehensive approach to marketing the country music and country music culture in Mississippi.

To coordinate the Mississippi Country Music Trail marketing plan with any existing state historic preservation program, in order to identify and preserve country music historic properties, and determine the eligibility of such properties for listing on the National Register of Historic Places, and prepare nominations of such sites.

HISTORY: Laws, 2009, ch. 424, § 1, eff from and after July 1, 2009.

§ 39-35-1. Sesquicentennial of the American Civil War Commission created; composition; terms of office; executive committee; advisory council; quorum; compensation; staff; funding; powers and duties.

1. The Mississippi Sesquicentennial of the American Civil War Commission (commission) is hereby established to prepare for and commemorate the Sesquicentennial, or One Hundred and Fiftieth anniversary, of Mississippi’s participation in the American Civil War (April 1861-April 1865).
2. The commission shall have a total membership of fifteen (15) members, or their designees, as follows: (a) the Executive Director of the Mississippi Development Authority; (b) the Executive Director of the Mississippi Department of Archives and History; (c) the State Superintendent of Public Education, or his designee; (d) the Manager of the Bureau of Film and Culture of the Mississippi Development Authority, Division of Tourism; (e) the President/Chairman of the Mississippi Historical Society; (f) the Chairman of the Mississippi Civil War Battlefield Commission; (g) the Director of the Brice’s Crossroads Battlefield Commission; (h) the Director of the Vicksburg National Military Park; (i) the Director of the Battle of Shiloh-Battle of Corinth National Military Park; (j) the Director of the Grand Gulf Military Monument; (k) a representative of the Mississippi Tourism Association; (l) the National Park Service Administrator of Ship Island/Fort Massachusetts; (m) a citizen of Mississippi appointed by the Governor; (n) a member of the Mississippi Senate appointed by the Lieutenant Governor who shall serve in an ex officio nonvoting capacity; and (o) a member of the Mississippi House of Representatives appointed by the Speaker who shall serve in an ex officio nonvoting capacity.
3. Ex officio members and legislative members of the commission shall serve terms coincident with their terms of office. Citizen members shall serve a term of four (4) years. Appointments to fill vacancies occurring for a reason other than the expiration of a term shall be for the remainder of the unexpired terms. Vacancies shall be filled in the same manner as the original appointments, and all members may be reappointed.
4. The commission shall elect a chairman and vice chairman from among its membership. The commission may name five (5) of its members to constitute an executive committee, which shall act for the commission pursuant to its direction.
5. The commission may appoint and establish an advisory council composed of citizens at large who have knowledge of American Civil War and Mississippi history and interest in its Sesquicentennial celebration, to assist the commission in its work.
6. A majority of the members of the commission shall constitute a quorum. The meetings of the commission shall be held at the call of the chairman or whenever a majority of the members so request. No recommendation of the commission shall be adopted except by majority vote of the commission.
7. Nonlegislative members of the commission shall receive no compensation for their services but may receive expense reimbursement and mileage for all reasonable and necessary expenses incurred in the performance of their duties as provided by law. Legislative members of the commission shall receive compensation applicable to committee meetings when the Legislature is not in session.
8. The commission shall hire an executive director, and relevant support staff, to guide and support the actions of the commission. Employment shall not extend beyond the date of expiration of the commission and shall be subject to an annual review by the executive committee of the commission.
9. The commission may solicit, accept, use and dispose of public or nonpublic funds, gifts, grants, donations, bequests or other funds or real or personal property for the purpose of aiding or facilitating the work of the commission. The commission may procure services, enter into contracts, leases or other legal agreements as it may deem necessary to carry out its duties as set forth in this section, but no contract or other legal agreement shall be entered into by the commission that extends beyond the date of expiration of the commission.
10. The commission shall have the following powers and duties:
    1. Plan, develop and carry out educational, informational, new media/web-based programs and activities appropriate to commemorate the Sesquicentennial of the American Civil War, with emphasis on the military operations which occurred in the State of Mississippi;
    2. Encourage interdisciplinary examination of the American Civil War;
    3. Facilitate activities related to the American Civil War throughout Mississippi;
    4. Encourage civic, historical, educational, economic and other organizations throughout Mississippi to organize and participate in activities to expand the understanding and appreciation of the significance of the American Civil War;
    5. Provide technical and financial assistance to localities and nonprofit organizations to further the commemoration of the Sesquicentennial of the American Civil War;
    6. Develop programs and facilities to ensure that the Sesquicentennial commemoration of the American Civil War results in a positive legacy and long-term public benefit;
    7. Facilitate the development and conduct of programs designed to involve all citizens in activities that commemorate the American Civil War; and
    8. Submit to the Legislature and the Governor an annual report for publication of the work and activity of the commission no later than the first day of each regular session of the Legislature.
11. The commission shall direct the Mississippi Department of Archives and History to enhance and expand Civil War markers across the state, along with all relevant educational and informational documentation necessary for the creation of a Civil War Trail, in advance of the initial celebration of the Sesquicentennial in Mississippi.
12. All state agencies and universities shall provide technical assistance to the commission upon request.

HISTORY: Laws, 2009, ch. 507, § 4; Laws, 2015, ch. 335, § 1, eff from and after July 1, 2015.

§ 39-37-1. Division of Tourism of Mississippi Development Authority authorized to establish statewide Mississippi heritage, history and culture trail infrastructure; purpose; trail markers; coordination with other organizations to share resources and information.

The Division of Tourism Development of the Mississippi Development Authority is authorized and directed to do the following:

To develop a marketing plan designed to attract tourists, conferences, music and theatrical performances, filmmakers and others for the purpose of the economic development of all geographic areas of the state through the promotion of projects related to Mississippi’s heritage, history and culture.

To make an inventory of assets related to Mississippi’s heritage, history and culture.

To establish a statewide infrastructure to offer tourists and targeted audiences a structured tour of sites and venues related to Mississippi’s heritage, history and culture.

To designate specific sites for the erection of trail markers for the sites and venues related to Mississippi’s heritage, history and culture.The division is authorized to approve the texts for the markers and to purchase appropriate markers from any available funds.The Mississippi Department of Transportation shall cooperate with the division by erecting and maintaining the markers that have been approved by the division.

To coordinate the trail program described in paragraph (d) of this section with the Mississippi Department of Archives and History, the Mississippi Authority for Educational Television, and the Board of Trustees of State Institutions of Higher Learning, and similar organizations to share resources and information in order to ensure a comprehensive approach to marketing the story of Mississippi’s heritage, history and culture.

To coordinate the trail program described in paragraph (d) of this section with any existing state historic preservation program, in order to identify and preserve historic properties, and determine the eligibility of those properties for listing on the National Register of Historic Places, and prepare nominations of those sites.

HISTORY: Laws, 2010, ch. 366, § 1, eff from and after July 1, 2010.

§ 39-39-1. Mississippi Civil Rights Museum Advisory Commission created; composition; responsibilities.

1. There is hereby established a Mississippi Civil Rights Museum Advisory Commission (commission) which shall be comprised of the following members:
   1. The Executive Director of the Mississippi Department of Archives and History;
   2. The Director of Tourism of the Mississippi Development Authority;
   3. The President of Tougaloo College, or his or her designee;
   4. The President of Alcorn State University, or his or her designee;
   5. The President of Jackson State University, or his or her designee;
   6. The President of Mississippi Valley State University, or his or her designee;
   7. The President of Rust College, or his or her designee;
   8. The President of Mississippi University for Women, or his or her designee;
   9. The President of Delta State University, or his or her designee;
   10. The Chancellor of the University of Mississippi, or his or her designee;
   11. The President of Mississippi State University, or his or her designee;
   12. The President of the University of Southern Mississippi, or his or her designee;
   13. Two (2) representatives of the Veterans of the Mississippi Civil Rights Movement, Inc.;
   14. One (1) representative of the Fannie Lou Hamer Institute;
   15. The Director of the William F. Winter Institute for Racial Reconciliation;
   16. Four (4) appointees of the Governor, one (1) from each Mississippi Congressional District;
   17. Two (2) appointees of the Lieutenant Governor from the state at large; and
   18. Two (2) appointees of the Speaker of the House of Representatives from the state at large.
2. The chairman of the commission shall be appointed by the Governor.The commission shall meet on a date announced by the Governor and shall organize for business by adopting rules of procedure.The Mississippi Department of Archives and History shall provide administrative support to the commission and serve as fiscal agent for the commission.Members of the commission shall receive no compensation for attending meetings of the commission; however, members who are not public employees may be reimbursed for actual expenses incurred in attending meetings of the commission from any funds available for that purpose.
3. The commission shall advise the Mississippi Department of Archives and History regarding matters relating to the Mississippi Civil Rights Museum.

HISTORY: Laws, 2011, ch. 522, § 1, eff from and after passage (approved Apr. 26, 2011.).