Authority of Secretary of State to approve leases on Public Trust Tidelands; clarify.

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To: Marine Resources; Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Anderson (122nd)

HOUSE BILL NO. 14

AN ACT TO DEFINE STATE JURISDICTION OVER PUBLIC TRUST 1
TIDELANDS AND THE AUTHORITY OF THE SECRETARY OF STATE TO APPROVE 2
LEASES LOCATED ON PUBLIC TRUST TIDELANDS; TO AMEND SECTIONS 3
7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10 4
AND 29-15-13, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 5
29-15-2, MISSISSIPPI CODE OF 1972, TO DECLARE LEGISLATIVE INTENT 6
RELATIVE TO PUBLIC TRUST TIDELANDS, TO CLARIFY THE REQUIREMENT OF 7
A SEPARATE LEASE FROM THE SECRETARY OF STATE TO RENT LAND ON 8
PUBLIC TRUST TIDELANDS PROPERTY, TO CLARIFY THAT THE LEASE NEEDED 9
TO MOVE ON SHORE IS ONE WITH THE STATE OR THE STATE PORT AT 10
GULFPORT, TO REVISE DEFINITIONS, TO PROVIDE THAT STATE-HELD 11
TIDELANDS SUBJECT TO PUBLIC TRUST ARE PRESCRIBED IN TIDELANDS MAPS 12
AND BOUNDARY AGREEMENTS AND COURT ORDERS CONFIRMING THE MAPS, TO 13
CONFIRM ALL AUTHORITY OVER TIDELANDS IN THE STATE UNLESS 14
SPECIFICALLY SEVERED OR GIVEN TO A SPECIFIC STATE AGENCY OR 15
POLITICAL SUBDIVISION, TO CONFIRM AUTHORITY, MANAGEMENT AND 16
ADMINISTRATIVE CONTROL OVER TIDELANDS IN THE SECRETARY OF STATE, 17
TO CLARIFY THAT ONLY SPECIFIC ACTION BY THE LEGISLATURE CAN DIVEST 18
THE SECRETARY OF STATE OF SUCH MANAGEMENT AND CONTROL; TO AMEND 19
SECTIONS 59-7-405 AND 59-15-1, MISSISSIPPI CODE OF 1972, TO 20
PROVIDE THAT THE LOCAL GOVERNING AUTHORITY SHALL NOT LEASE, 21
SUBLEASE, RENT OR PROVIDE ACCESS FOR ANY GAMING PURPOSES UNDER 22
THIS AUTHORITY; TO AMEND SECTIONS 75-76-67, 87-1-5, 97-33-1, 23
97-33-7, 97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 24
1972, TO DEFINE AND CLARIFY THE AUTHORITY OF THE MISSISSIPPI 25
GAMING COMMISSION IN DETERMINING LEGAL GAMING SITES AND 26
PRELIMINARY SITE APPROVAL AND TO CLARIFY AREAS AUTHORIZED FOR 27
GAMING CASINO OPERATIONS AND THE AUTHORITY OF THE COMMISSION TO 28
REGULATE MINIMUM SIZE, MINIMUM IMPROVEMENTS AND OTHER PROJECT 29
REQUIREMENTS; AND FOR RELATED PURPOSES. 30
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 31
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SECTION 1. Section 7-11-11, Mississippi Code of 1972, is 32
amended as follows: 33
7-11-11. The Secretary of State shall have charge of the 34
swamp and the overflowed lands and indemnity lands in lieu 35
thereof, the internal improvement lands, the lands forfeited to 36
the state for nonpayment of taxes after the time allowed by law 37
for redemption shall have expired, the Public Trust Tidelands, and 38
of all other public lands belonging to or under the control of the 39
state. The regulation, sale and disposition of all such lands 40
shall be made through the Secretary of State's office. 41
The Secretary of State shall sign all conveyances and leases 42
of any and all state-owned lands and shall record same in a book 43
kept in his office for such purposes. 44
SECTION 2. Section 29-1-107, Mississippi Code of 1972, is 45
amended as follows: 46
29-1-107. (1) (a) The Secretary of State, with the 47
approval of the Governor, shall, as far as practicable, rent or 48
lease all lands belonging to the state, except as otherwise 49
provided by * * * this section, for a period of not exceeding one 50
(1) year, and account for the rents therefrom in the same manner 51
as money received from the sale of state lands, provided that no 52
state land shall be rented or leased to individuals, corporations, 53
partnerships, or association of persons for hunting or fishing 54
purposes. Property belonging to the state in municipalities, even 55
though it may have been subdivided into lots, blocks, divisions, 56
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or otherwise escheated or was sold to the state by such 57
description, may likewise be leased or rented by the Secretary of 58
State under the terms provided above for other state lands, and 59
the rents accounted for in the same manner. The state shall have 60
all the liens, rights and remedies accorded to landlords in 61
Sections 89-7-1 through 89-7-125; said leases and rental contracts 62
shall automatically terminate on the date provided in said leases 63
or contracts. 64
(b) A person possessing a gaming license under the 65
Mississippi Gaming Control Act or who wishes to apply for a gaming 66
license under the Mississippi Gaming Control Act and who further 67
uses or wishes to use Public Trust Tidelands as part of a proposed 68
gaming project shall be required to obtain a tidelands lease from 69
the Secretary of State notwithstanding any statute, law or other 70
provision providing other authority to municipalities and counties 71
or any other political subdivision to use the Public Trust 72
Tidelands and such lease may be conditioned upon the gaming 73
licensee or license applicant obtaining such other necessary and 74
required approvals. This paragraph (b) shall not apply to gaming 75
sites and casino operators approved before December 31, 2025. 76
(2) (a) The Secretary of State, with the approval of the 77
Governor, may rent or lease surface lands, tidelands or submerged 78
lands owned or controlled by the State of Mississippi lying in or 79
adjacent to the Mississippi Sound or Gulf of Mexico or streams 80
emptying therein, for a period not exceeding forty (40) years for 81
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rental payable to the state annually. However, the term of any 82
lease of State Public Trust Tidelands to a person possessing a 83
license under the Mississippi Gaming Control Act shall be governed 84
by the provisions of subsection (4) of this section. 85
(b) The lessee under such agreement may construct such 86
necessary items for marking channels, docking, wharfing, mooring 87
or fleeting vessels which shall be in aid of navigation and not 88
obstructions thereto. 89
(c) A lessee of record may be given the option to renew 90
for an additional period not to exceed twenty-five (25) years; 91
however, the term of a renewal for a lease of State Public Trust 92
Tidelands to a person possessing a gaming license under the 93
Mississippi Gaming Control Act shall be governed by the provisions 94
of subsection (4) of this section. The holder of a lease of 95
Public Trust Tidelands, at the expiration thereof, shall have a 96
prior right, exclusive of all other persons, to re-lease as may be 97
agreed upon between the holder of the lease and the Secretary of 98
State. 99
(d) Leases shall provide for review and rent 100
adjustments at each fifth anniversary tied either to the All Urban 101
Consumer Price Index-All Items (CPI) or to an appraisal which 102
deducts the value of any improvements by the lessee which 103
substantially enhance the value of the land. In the case where 104
the initial rental was based on the value set by the ad valorem 105
tax rolls, then the rent review and adjustment clause shall be 106
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likewise based on the value set by such tax rolls. In the event 107
that the lessor and lessee cannot agree on a rental amount, the 108
lease may be cancelled at the option of the lessor. The lessee 109
shall, within thirty (30) days after execution of a sublease or 110
assignment, file a copy thereof, including the total consideration 111
therefor, with the Secretary of State. This paragraph shall not 112
apply to a lease of State Public Trust Tidelands or submerged 113
lands to a person possessing a gaming license under the 114
Mississippi Gaming Control Act who operates a gaming establishment 115
on such tidelands or submerged lands or to a person who has or 116
will apply for a gaming license under the Mississippi Gaming 117
Control Act and to use Public Trust Tidelands or submerged lands 118
as part of a proposed gaming project. 119
(e) The Secretary of State shall not grant a lease for 120
gaming purposes whether directly or indirectly on Public Trust 121
Tidelands on which the sand beach was constructed, as defined in 122
Section 29-15-1. 123
(3) * * * However, the current occupants of Public Trust 124
Tidelands that were developed after the determinable mean 125
high-water line nearest the effective date of the Coastal Wetlands 126
Protection Law shall pay an annual rental based on the fair market 127
value as determined by the assessed valuation of the property. 128
The holder of a lease of Public Trust Tidelands, at the expiration 129
thereof, shall have a prior right, exclusive of all other persons, 130
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to re-lease as may be agreed upon between the holder of the lease 131
and the Secretary of State. 132
(4) (a) This section shall apply to any person possessing a 133
license under the Mississippi Gaming Control Act or who wishes to 134
apply for a gaming license under the Mississippi Gaming Control 135
Act and who operates or proposes to operate a gaming establishment 136
in any of the three (3) most southern counties of the state. Any 137
gaming licensee or proposed gaming licensee shall be required to 138
obtain a lease from the State of Mississippi through the Secretary 139
of State to use any State Public Trust Tidelands notwithstanding 140
any statute, law or other provision providing other authority to 141
municipalities and counties or any other political subdivision to 142
use the Public Trust Tidelands. 143
(b) The following shall apply to all leases of State 144
Public Trust Tidelands executed by such a licensee: 145
(i) Every lease executed after August 29, 2005, 146
shall be for a period of thirty (30) years for rental payable to 147
the state annually. 148
(ii) By operation of this section, any lease 149
executed before August 29, 2005, may, at the option of the lessee, 150
either remain at the term stated in the original execution of the 151
lease or be converted to a thirty-year term lease, beginning on 152
such date after August 29, 2005, that the lessee either resumes or 153
begins permanent gaming activities as approved by the Mississippi 154
Gaming Commission, and the lessee shall be required to comply with 155
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all other provisions of the lease. Should the lessee choose to 156
operate in a structure that is not on State Public Trust Tidelands 157
and that is on property contiguous to State Public Trust Tidelands 158
leased by the State of Mississippi to the lessee, the lessee shall 159
be required to comply with all other provisions of the lease with 160
the State of Mississippi and shall be exempt from the assessment 161
provided for in paragraph (c) of this subsection. Easements for 162
and rights-of-way for public streets and highways shall not be 163
construed to interrupt the contiguous nature of a parcel of 164
property. In the event that a lessee does not elect either to 165
remain bound by the original term of the lease with the State of 166
Mississippi or to convert the lease to a thirty-year term, the 167
Secretary of State may lease the State Public Trust Tidelands that 168
are the subject of the lease to any other person or entity. 169
(iii) Leases shall provide for review and rent 170
adjustments at each annual anniversary tied to the All Urban 171
Consumer Price Index-All Items (CPI). In the case of the renewal 172
of a lease after the expiration of the original thirty-year term 173
under this subsection, each renewal shall be for a term of thirty 174
(30) years. The base rate to which the CPI shall apply for 175
purposes of executing the subsequent lease shall be negotiated by 176
the lessee with the Secretary of State. 177
(c) (i) Except as otherwise provided in this 178
paragraph, any person possessing a license under the Mississippi 179
Gaming Control Act who does not lease for a gaming site Public 180
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Trust Tidelands from the State * * * of Mississippi by and through 181
the Secretary of State or a state port, and who operates a gaming 182
establishment in any of the three (3) most southern counties of 183
the state, shall pay an annual in-lieu tidelands assessment to the 184
Public Trust Tidelands Assessments Fund (hereinafter referred to 185
as "fund") created in Section 29-15-10, in the amount and manner 186
provided for in this paragraph. 187
For calendar year 2006, the annual in-lieu tidelands 188
assessment paid by the licensee to the fund shall be: 189
1. Four Hundred Thousand Dollars 190
($400,000.00), if the capital investment in the part of the 191
structure in which licensed gaming activities are conducted is 192
Fifty Million Dollars ($50,000,000.00) or less. 193
2. Four Hundred Fifty Thousand Dollars 194
($450,000.00), if the capital investment in the part of the 195
structure in which licensed gaming activities are conducted is 196
equal to or more than Fifty Million Dollars ($50,000,000.00) but 197
less than Sixty Million Dollars ($60,000,000.00). 198
3. Five Hundred Thousand Dollars 199
($500,000.00), if the capital investment in the part of the 200
structure in which licensed gaming activities are conducted is 201
equal to or more than Sixty Million Dollars ($60,000,000.00) but 202
less than Seventy-five Million Dollars ($75,000,000.00). 203
4. Six Hundred Thousand Dollars 204
($600,000.00), if the capital investment in the part of the 205
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structure in which licensed gaming activities are conducted is 206
equal to or more than Seventy-five Million Dollars 207
($75,000,000.00) but less than One Hundred Million Dollars 208
($100,000,000.00). 209
5. Seven Hundred Thousand Dollars 210
($700,000.00), if the capital investment in the part of the 211
structure in which licensed gaming activities are conducted is 212
equal to or more than One Hundred Million Dollars 213
($100,000,000.00) but less than One Hundred Twenty-five Million 214
Dollars ($125,000,000.00). 215
6. Seven Hundred Fifty Thousand Dollars 216
($750,000.00), if the capital investment in the part of the 217
structure in which licensed gaming activities are conducted is 218
equal to or more than One Hundred Twenty-five Million Dollars 219
($125,000,000.00). 220
For each calendar year thereafter, the Secretary of State 221
shall review and adjust the value of the capital investment and 222
the annual in-lieu tidelands assessment due. Such review and 223
adjustment shall be tied to the CPI. 224
(ii) This paragraph shall not apply to a gaming 225
licensee if the licensee conducts gaming in a structure that is 226
located on property that is leased from the Mississippi State Port 227
at Gulfport or any political subdivision of the state, or to a 228
licensee who conducts gaming in a structure that is located on 229
property that is leased to the licensee jointly by the State of 230
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Mississippi and the City of Biloxi; however, with regard to 231
property owned by a political subdivision of the state, this 232
exception shall only apply to property owned by the political 233
subdivision on August 29, 2005, if legal gaming could have been 234
conducted on such property on that date. 235
(iii) This paragraph shall not apply to a gaming 236
licensee if the licensee conducts gaming in a structure that is 237
located on property that is not leased from the State of 238
Mississippi * * *, and is not on State Public Trust 239
Tidelands * * *. 240
SECTION 3. Section 29-15-1, Mississippi Code of 1972, is 241
amended as follows: 242
29-15-1. (a) "Commission" means the Mississippi Advisory 243
Commission on Marine Resources. 244
(b) "Local tidal datum" means the datum established for a 245
specific tide station through the use of tidal observations made 246
at that station. 247
(c) "Department" means the Mississippi Department of Marine 248
Resources. 249
( * * *d) "Mean high water" means the arithmetic mean of all 250
the high waters occurring in a particular nineteen-year tidal 251
epoch period; or for a shorter period of time after corrections 252
are applied to the short-term observations to reduce these values 253
to the equivalent nineteen-year value. 254
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( * * *e) "Mean high-water line" means the intersection of 255
the tidal datum plane of mean high water with the shore. 256
( * * *f) "Mean high-water survey" means a survey of the 257
intersection of the shoreline with the tidal datum plane of mean 258
high water using local tidal datums and surveying methodologies 259
approved by the commission. Methodologies shall include, but not 260
be limited to, the "staking method," "the topographic method" and 261
"tide coordinated aerial photography." 262
( * * *g) "National map accuracy standards" means a set of 263
guidelines published by the Office of Management and Budget of the 264
United States to which maps produced by the United States 265
government adhere. 266
(h) "Public Trust Tidelands" means those surface lands, 267
tidelands and submerged lands owned by the state and held in trust 268
for the citizens of the State of Mississippi. 269
(i) "Sand beach" means all areas of an artificial or 270
man-made sand beach constructed on Public Trust Tidelands 271
waterward of the public trust boundary. 272
( * * *j) "Submerged lands" means lands which remain covered 273
by waters, where the tides ebb and flow, at ordinary low tides. 274
( * * *k) "Tidelands" means those lands which are daily 275
covered and uncovered by water by the action of the tides, up to 276
the mean high-water line * * *. 277
SECTION 4. The following shall be codified as Section 278
29-15-2, Mississippi Code of 1972: 279
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29-15-2. Legislative public policy. (l) It is declared 280
that the state-held tidelands subject to the public trust and the 281
boundary between trust lands and other lands are shown on the 282
Final Public Trust Tidelands Map and Public Trust Submerged Land 283
Maps, Final December 1994, created and published pursuant to 284
Section 29-15-7, as modified by any boundary agreements or court 285
orders. 286
(2) Absent clear, specific and expressed legislative intent 287
to grant management and administrative control and authority, 288
including leasing authority, of a specific area of Public Trust 289
Tidelands to a specific state agency or political subdivision, the 290
Secretary of State is not divested of management and 291
administrative control and authority, and leasing authority. 292
(3) All uses of Public Trust Tidelands for any gaming 293
purpose or purpose related to a gaming operation shall require a 294
Public Trust Tidelands lease from the state through the Secretary 295
of State as Trustee of the Public Trust Tidelands and shall be 296
subject to annual rent pursuant to Section 29-1-107. 297
(4) All statutory provisions in effect on or before July 1, 298
2026, that affect the Public Trust Tidelands shall be construed 299
and interpreted subject to and consistent with the provisions 300
contained in this statute. 301
SECTION 5. Section 29-15-3, Mississippi Code of 1972, is 302
amended as follows: 303
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29-15-3. (1) It is declared to be the public policy of this 304
state to favor the preservation of the natural state of the 305
state's Public Trust Tidelands and their ecosystems and to prevent 306
the despoliation and destruction of them, except where a specific 307
alteration of specific Public Trust Tidelands would serve a higher 308
public interest in compliance with the public purposes of the 309
public trust in which such tidelands are held. 310
(2) It is * * * declared to be a higher public purpose of 311
this state and the public tidelands trust to resolve the 312
uncertainty and disputes which have arisen as to the location of 313
the boundary between the state's Public Trust Tidelands and the 314
upland property and to confirm the mean high-water boundary line 315
as determined by the Mississippi Supreme Court, the laws of this 316
state and this chapter. 317
(3) Public Trust Tidelands held by the state shall be 318
managed and administered by the Secretary of State as the Land 319
Commissioner and Trustee of the Public Trust Tidelands. 320
SECTION 6. Section 29-15-5, Mississippi Code of 1972, is 321
amended as follows: 322
29-15-5. (1) Tidelands and submerged lands are held by the 323
state in trust for use of all the people, and are so held in their 324
character as the beds and shores of the sea and its tidally 325
affected arms and tributaries for the purposes defined by common 326
law and statutory law. Littoral and riparian property owners have 327
common-law and statutory rights under the Coastal Wetlands 328
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Protection Law which extend into the waters and beyond the low 329
tide line, and the state's responsibilities as trustee extends to 330
such owners as well as to the other members of the public. 331
(2) Residential property owners shall not be required to 332
obtain a Public Trust Tidelands lease from the state for 333
exercising their common-law and statutory littoral and riparian 334
rights attached to residential property for personal noncommercial 335
use. 336
SECTION 7. Section 29-15-9, Mississippi Code of 1972, is 337
amended as follows: 338
29-15-9. (1) There is created in the State Treasury a 339
special fund to be known as the "Public Trust Tidelands Fund." 340
The fund shall be administered by the Secretary of State as 341
trustee. 342
(2) Any funds derived from lease rentals of tidelands and 343
submerged lands, except those funds derived from mineral leases, 344
or funds previously specifically designated to be applied to other 345
agencies, shall be transferred to the special fund. * * * Subject 346
to legislative appropriation, funds derived from lease 347
rentals * * * shall be used to cover the administrative cost, 348
including legal expenses, incurred by the Secretary of State in 349
administering the Public Trust Tidelands. Any remaining funds 350
derived from lease rentals shall then be disbursed pro rata to the 351
local taxing authorities for the replacement of lost ad valorem 352
taxes, if any. Then, any remaining funds shall be disbursed to 353
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the * * * Department of Marine Resources for new and extra 354
programs of tidelands management, such as conservation, 355
reclamation, preservation, acquisition, education or the 356
enhancement of public access to the Public Trust Tidelands or 357
public improvement projects as they relate to those lands. 358
(3) Any funds that are appropriated as separate line items 359
in an appropriation bill for tideland programs or projects 360
authorized under this section for political subdivisions or other 361
agencies shall be disbursed as provided in this subsection. 362
(a) The Department of Marine Resources shall make 363
progress payments in installments based on the work completed and 364
material used in the performance of a tidelands project only after 365
receiving written verification from the political subdivision or 366
agency. The political subdivision or agency shall submit 367
verification of the work completed or materials in such detail and 368
form that the department may require. 369
(b) The Department of Marine Resources shall make funds 370
available for the purpose of using such funds as a match or 371
leverage for federal or other funds that are available for the 372
designated tidelands project. 373
SECTION 8. Section 29-15-10, Mississippi Code of 1972, is 374
amended as follows: 375
29-15-10. (1) There is created in the State Treasury a 376
special fund to be known as the "Public Trust Tidelands 377
Assessments Fund." The purpose of the fund is to ensure that 378
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monies derived from the Public Trust Tidelands assessments shall 379
be used for the benefit of preserving and protecting the tidelands 380
and submerged lands found within the three (3) most southern 381
counties of the state. One (1) specific purpose of the fund is to 382
ensure that the annual payment made by the state for the purchase 383
of Deer Island shall continue uninterrupted until the purchase 384
transaction is completed. The fund shall be administered by the 385
Secretary of State, as trustee. None of the funds that are in the 386
special fund or that are required to be deposited into the special 387
fund shall be transferred, diverted or in any other manner 388
expended or used for any purpose other than those purposes 389
specified in this section. 390
(2) (a) Any funds derived from assessments made pursuant to 391
Section 29-1-107(4)(c) shall be deposited into the special fund. 392
(b) Funds paid pursuant to paragraph (a) of this 393
subsection may be appropriated by the Legislature in an amount 394
necessary to cover the administrative cost incurred by the 395
Mississippi Advisory Commission on Marine Resources. Any 396
remaining funds shall be disbursed * * * to the * * * Department 397
of Marine Resources for new and extra programs of tidelands 398
management, such as conservation, reclamation, preservation, 399
acquisition, education or the enhancement of public access to the 400
Public Trust Tidelands or public improvement projects as they 401
relate to those lands. 402
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(3) Any funds that are appropriated as separate line items 403
in an appropriation bill for tideland programs or projects 404
authorized under this section for political subdivisions or other 405
agencies shall be disbursed as provided in this subsection. 406
(a) The Department of Marine Resources shall make 407
progress payments in installments based on the work completed and 408
material used in the performance of a tidelands project only after 409
receiving written verification from the political subdivision or 410
agency. The political subdivision or agency shall submit 411
verification of the work completed or materials in such detail and 412
form that the department may require. 413
(b) The Department of Marine Resources shall make funds 414
available for the purpose of using such funds as a match or 415
leverage for federal or other funds that are available for the 416
designated tidelands project. 417
SECTION 9. Section 29-15-13, Mississippi Code of 1972, is 418
amended as follows: 419
29-15-13. (1) All public projects of any federal, state or 420
local governmental entity which serve a higher public purpose of 421
promoting the conservation, reclamation, preservation of the 422
tidelands and submerged lands, public use for fishing, recreation 423
navigation, or the enhancement of public access to such lands 424
shall * * * enter into a rent-exempt lease with the Secretary of 425
State's office. 426
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(2) Absent an existing, valid and court confirmed sublease 427
of Public Trust Tidelands, which is subject to an existing Public 428
Trust Tidelands lease from the state by and through the Secretary 429
of State, to a federal, state or local government entity, 430
including counties and municipalities, and as of December 31, 431
2025, the entity shall not lease, sublease, rent or provide access 432
for any gaming purpose or purpose related to a gaming operation. 433
(3) Except for gaming sites and casino operations approved 434
before December 31, 2025, the municipal authorities or commission 435
shall not lease, sublease, rent or provide access for any gaming 436
purpose or purposes related to a gaming operation. 437
(4) Municipalities or only those counties that operate a 438
harbor within the municipal limits of a municipality as of July 1, 439
2026, may sublease any leased property consistent with a higher 440
public purpose for which the Public Trust Tidelands are held as 441
provided by Mississippi case law and statutory law, except gaming. 442
The higher public purpose shall be expressed in a sublease 443
document. That higher public purpose is subject to review by the 444
land commissioner/tidelands trustee. The land 445
commissioner/tidelands trustee may only challenge the sufficiency 446
of the higher public purpose by legal action upon consent of the 447
Attorney General. If challenged, an expressed higher public 448
purpose shall be prima facie evidence that it is sufficient. Once 449
permission to use the Public Trust Tidelands has been established, 450
the tidelands shall be under the management and control of the 451
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municipality or only that county that operates a harbor within the 452
municipal limits of a municipality as of July 1, 2026, and the 453
revenues generated shall be used for the maintenance and upkeep 454
and operation of the harbor. 455
SECTION 10. Section 59-7-405, Mississippi Code of 1972, is 456
amended as follows: 457
59-7-405. (1) (a) The governing authorities of any 458
municipality in which there is situated and located, in whole or 459
in part, a port or harbor through which commerce flows, and having 460
not less than eight (8) industries engaged in the seafood 461
industry, which maintains a channel and/or harbor to a depth of 462
not less than eight (8) feet, may engage in, either directly or 463
through the commission hereinafter provided and designated, and 464
such other agencies as hereafter may be provided by law, works of 465
internal improvement, or promoting, developing, constructing, 466
maintaining and operating harbors or seaports within the state and 467
its jurisdiction, and either directly or through the commission 468
hereinafter provided for, with the power and authority, except as 469
otherwise provided in this section, to acquire, purchase, install, 470
rent, lease, mortgage and/or otherwise encumber, to construct, 471
own, hold, maintain, equip, use, control and operate at seaports 472
or harbors, wharves, piers, docks, warehouses, cold storage 473
facilities, water and rail terminals, airplane landing fields and 474
strips, and other structures and facilities, needful for the 475
convenient use of the same in the aid of commerce and navigation, 476
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and including the dredging of channels and approaches to the 477
facilities, and being authorized to fill in * * * bottomlands 478
where incidental and necessary to the foregoing development. 479
(b) A municipality, which is operating a port through a 480
port commission under this section, may dissolve the port 481
commission as provided in Section 59-7-408 and directly operate 482
and maintain the port as provided under this article. 483
(2) The municipal authorities or commission, in connection 484
with the exercise of the foregoing works of improvement and 485
development, may as an adjunct to any such work of improvement or 486
development to erect or construct such bridges, causeways or 487
structures as may be required for access to and from the harbors 488
or facilities provided as aforesaid by the municipal authorities 489
or the commission, and including any necessary bridge or causeway 490
or combination of the same, connecting with any island or islands 491
lying within three (3) leagues of the main shoreline of the 492
Mississippi Sound or the Gulf of Mexico, and whether the same be 493
within or without the limits of the municipality concerned. 494
(3) The municipal authorities or commission may procure, by 495
gift, grant, purchase, or by the exercise of eminent domain, and 496
for the public purposes and uses herein provided for, such land or 497
interest therein as may be required for the purposes of this 498
article, and regardless of whether the land be within or without 499
the limits of the municipality involved. 500
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(4) The municipal authorities or commission, in the exercise 501
of the powers granted hereunder, may provide any of the aforesaid 502
facilities alone or in collaboration and in conjunction with any 503
other public bodies, entities or commissions, as may now or 504
hereafter be established by law. 505
(5) The municipal authorities or commission may provide, 506
among other harbor facilities, small craft and pleasure craft 507
harbors and facilities needed therefor, including park and 508
recreational facilities as an adjunct thereto, and in order to 509
develop and promote tourist and recreational trade in the port. 510
(6) The municipal authorities or commission have the power 511
and authority to carry out the provisions of this article, to 512
employ engineers, attorneys, and such employees as may be 513
necessary in carrying out the provisions of this article, from 514
time to time, and for the purpose of operating the facilities 515
herein provided for, and may prescribe reasonable compensation in 516
connection with such employment. 517
(7) Except for gaming sites and casino operations approved 518
before December 31, 2025, the municipal authorities or commission 519
shall not lease, sublease, rent or provide access for any gaming 520
purpose or purpose related to a gaming operation. 521
SECTION 11. Section 59-15-1, Mississippi Code of 1972, is 522
amended as follows: 523
59-15-1. (1) The authorities of any city in this state 524
which has a population of ten thousand (10,000) or more, according 525
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to the last official government census, and the authorities of any 526
municipality bordering on the Mississippi Sound or Gulf of Mexico 527
are * * * given the authority, except as otherwise provided in 528
this section, to acquire by purchase, deed, donation, gift, 529
grant, * * * lease, dedication, or otherwise, land, harbor sites 530
or water frontage for the purpose of establishing, developing, 531
promoting, maintaining, and operating harbors for small water 532
crafts and recreational parks connected therewith within its 533
territorial limits, or both, and shall have the power to acquire, 534
purchase, install, rent, lease, mortgage, incumber, construct, 535
own, hold, maintain, equip, use, control and operate recreational 536
parks and harbors for small water craft. 537
(2) Except for gaming sites and casino operations approved 538
before December 31, 2025, the municipal authorities or commission 539
shall not lease, sublease, rent or provide access for any gaming 540
purpose or purpose related to a gaming operation. 541
(3) Municipalities or only those counties that operate a 542
harbor within the municipal limits of a municipality as of July 1, 543
2026, may sublease any leased property consistent with a higher 544
public purpose for which the Public Trust Tidelands are held as 545
provided by Mississippi case law and statutory law, except gaming. 546
The higher public purpose shall be expressed in a sublease 547
document. That higher public purpose is subject to review by the 548
land commissioner/tidelands trustee. The land 549
commissioner/tidelands trustee may only challenge the sufficiency 550
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of the higher public purpose by legal action upon consent of the 551
Attorney General. If challenged, an expressed higher public 552
purpose shall be prima facie evidence that it is sufficient. Once 553
permission to use the Public Trust Tidelands has been established, 554
the tidelands shall be under the management and control of the 555
municipality or only that county that operates a harbor within the 556
municipal limits of a municipality as of July 1, 2026, and the 557
revenues generated shall be used for the maintenance and upkeep 558
and operation of the harbor. 559
SECTION 12. Section 75-76-67, Mississippi Code of 1972, is 560
amended as follows: 561
75-76-67. (1) Any person who the commission determines is 562
qualified to receive a license or be found suitable under the 563
provisions of this chapter, having due consideration for the 564
proper protection of the health, safety, morals, good order and 565
general welfare of the inhabitants of the State of Mississippi and 566
the declared policy of this state, may be issued a state gaming 567
license or found suitable. The burden of proving his 568
qualification to receive any license or be found suitable is on 569
the applicant. 570
(2) An application to receive a license or be found suitable 571
shall not be granted unless the commission is satisfied that the 572
applicant is: 573
(a) A person of good character, honesty and integrity; 574
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(b) A person whose prior activities, criminal record, 575
if any, reputation, habits and associations do not pose a threat 576
to the public interest of this state or to the effective 577
regulation and control of gaming, or create or enhance the dangers 578
of unsuitable, unfair or illegal practices, methods and activities 579
in the conduct of gaming or the carrying on of the business and 580
financial arrangements incidental thereto; and 581
(c) In all other respects qualified to be licensed or 582
found suitable consistent with the declared laws of the state. 583
(3) No person shall be granted a license or found suitable 584
under the provisions of this chapter who has been convicted of a 585
felony in any court of this state, another state, or the United 586
States; and no person shall be granted a license or found suitable 587
hereunder who has been convicted of a crime in any court of 588
another state or the United States which, if committed in this 589
state, would be a felony; and no person shall be granted a license 590
or found suitable under the provisions of this chapter who has 591
been convicted of a misdemeanor in any court of this state or of 592
another state, when such conviction was for gambling, sale of 593
alcoholic beverages to minors, prostitution, or procuring or 594
inducing individuals to engage in prostitution. 595
(4) A license to operate a gaming establishment shall not be 596
granted unless the applicant has satisfied the commission that: 597
(a) He has adequate business probity, competence and 598
experience, in gaming or generally; * * * 599
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(b) The proposed financing of the entire operation is: 600
(i) Adequate for the nature of the proposed 601
operation; and 602
(ii) From a suitable source. Any lender or other 603
source of money or credit which the commission finds does not meet 604
the standards set forth in subsection (2) may be deemed 605
unsuitable * * *; and 606
(c) Other than with respect to a licensee that has been 607
licensed by the commission before December 31, 2024, or to such 608
licensee upon any licensing renewal after such date, a proposed 609
project must meet, at a minimum, the following requirements: 610
(i) A parking facility in close proximity to the 611
casino complex to accommodate a minimum of five hundred (500) 612
cars; 613
(ii) A hotel with a minimum of three hundred (300) 614
rooms; 615
(iii) A restaurant capable of seating at least two 616
hundred (200) people; 617
(iv) A fine dining establishment capable of 618
seating at least seventy-five (75) people; 619
(v) A casino floor of at least forty thousand 620
(40,000) square feet; 621
(vi) An amenity unique to the licensee's market in 622
order to encourage economic development and promote tourism; and 623
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(vii) A determination, in writing, by the 624
Secretary of State, that the proposed project is consistent with 625
the higher public purpose for which the Public Trust Tidelands are 626
held, as provided by Mississippi case law and statutory law, 627
except gaming. 628
The commission shall not adopt any rule or regulation that 629
would reduce the requirements in paragraph (c) of this subsection, 630
and these shall be deemed minimum requirements; however, the 631
commission may exercise discretion with respect to such 632
requirements as to proposed projects if the proposed project is 633
located in a gaming market along the Mississippi River. 634
(5) An application to receive a license or be found suitable 635
constitutes a request for a determination of the applicant's 636
general character, integrity and ability to participate or engage 637
in, or be associated with gaming. Any written or oral statement 638
made in the course of an official proceeding of the commission or 639
the executive director or any witness testifying under oath which 640
is relevant to the purpose of the proceeding is absolutely 641
privileged and does not impose liability for defamation or 642
constitute a ground for recovery in any civil action. 643
(6) The commission may, in its discretion, grant a license 644
to a corporation which has complied with the provisions of this 645
chapter. 646
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(7) The commission may, in its discretion, grant a license 647
to a limited partnership which has complied with the provisions of 648
this chapter. 649
(8) No limited partnership, except one whose sole limited 650
partner is a publicly traded corporation which has registered with 651
the commission, or business trust or organization or other 652
association of a quasi-corporate character is eligible to receive 653
or hold any license under this chapter unless all persons having 654
any direct or indirect interest therein of any nature whatsoever, 655
whether financial, administrative, policymaking or supervisory, 656
are individually qualified to be licensed under the provisions of 657
this chapter. 658
(9) The commission may, by regulation, limit the number of 659
persons who may be financially interested and the nature of their 660
interest in any corporation or other organization or association 661
licensed under this chapter, and may establish such other 662
qualifications of licenses as the commission, in its discretion, 663
deems to be in the public interest and consistent with the 664
declared policy of the state. 665
SECTION 13. Section 87-1-5, Mississippi Code of 1972, is 666
amended as follows: 667
87-1-5. If any person, by playing at any game whatever, or 668
by betting on the sides or hands of such as do play at any game, 669
or by betting on any horse race or cockfight, or at any other 670
sport or pastime, or by any wager whatever, shall lose any money, 671
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property, or other valuable thing, real or personal, and shall pay 672
or deliver the same or any part thereof, the person so losing and 673
paying or delivering the same, or his wife or children, may sue 674
for and recover such money, property, or other valuable thing so 675
lost and paid or delivered, or any part thereof, from the person 676
knowingly receiving the same, with costs. However, this section 677
shall not apply to betting, gaming or wagering: 678
(a) On a cruise vessel as defined in Section 27-109-1 679
whenever such vessel is in the waters within the State of 680
Mississippi, which lie adjacent to the State of Mississippi south 681
of the three (3) most southern counties in the State of 682
Mississippi, including the Mississippi Sound, St. Louis Bay, 683
Biloxi Bay and Pascagoula Bay; 684
(b) In a structure located in whole or in part on shore 685
in any of the three (3) most southern counties in the State of 686
Mississippi in which the registered voters of the county have 687
voted to allow such betting, gaming or wagering on cruise vessels 688
as provided in Section 19-3-79, if: 689
(i) The structure is owned, leased or controlled 690
by a person possessing a gaming license, as defined in Section 691
75-76-5, to conduct legal gaming * * *; 692
(ii) The part of the structure in which licensed 693
gaming activities are conducted is located entirely in an area 694
which is located no more than eight hundred (800) feet from the 695
mean high-water line (as defined in Section 29-15-1) of the waters 696
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within the State of Mississippi, which lie adjacent to the State 697
of Mississippi south of the three (3) most southern counties in 698
the State of Mississippi, including the Mississippi Sound, St. 699
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 700
Mississippi Sound at Harrison County only, no farther north than 701
the southern boundary of the right-of-way for U.S. Highway 90, 702
whichever is greater; and in determining the distance to the mean 703
high-water line, the following considerations apply to any 704
application for site approval after December 31, 2025, whether an 705
initial or renewal application: 706
1. Rights-of-way and easements for public 707
streets and highways shall not be construed to interrupt the 708
contiguous nature of a parcel of property, nor shall the footage 709
contained within such easements and rights-of-way be considered in 710
the calculation of the distances specified in this subparagraph 711
(ii); and 712
2. An imaginary line drawn from any point 713
along the mean high-water line referenced and utilized pursuant to 714
this subparagraph (ii) to any other point of reference must cross 715
only property under the exclusive use and control of the gaming 716
licensee or proposed licensee based on its ownership or lease 717
thereof, except for rights-of-way and easements for public streets 718
and highways; and 719
(iii) In the case of a structure that is located 720
in whole or part on shore, the part of the structure in which 721
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licensed gaming activities are conducted shall * * * be located on 722
property entirely under the exclusive use and control of the 723
proposed licensee based on its ownership or lease thereof that 724
extends from the gaming floor to the mean high-water line and such 725
land is capable of accommodating the minimum improvement 726
requirements set forth in Section 75-76-67(4); 727
(c) On a vessel as defined in Section 27-109-1 whenever 728
such vessel is on the Mississippi River or navigable waters within 729
any county bordering on the Mississippi River; or 730
(d) That is legal under the laws of the State of 731
Mississippi. 732
SECTION 14. Section 97-33-1, Mississippi Code of 1972, is 733
amended as follows: 734
97-33-1. Except as otherwise provided in Section 97-33-8, if 735
any person shall encourage, promote or play at any game, play or 736
amusement, other than a fight or fighting match between dogs, for 737
money or other valuable thing, or shall wager or bet, promote or 738
encourage the wagering or betting of any money or other valuable 739
things, upon any game, play, amusement, cockfight, Indian ball 740
play or duel, other than a fight or fighting match between dogs, 741
or upon the result of any election, event or contingency whatever, 742
upon conviction thereof, he shall be fined in a sum not more than 743
Five Hundred Dollars ($500.00); and, unless such fine and costs be 744
immediately paid, shall be imprisoned for any period not more than 745
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ninety (90) days. However, this section shall not apply to 746
betting, gaming or wagering: 747
(a) On a cruise vessel as defined in Section 27-109-1 748
whenever such vessel is in the waters within the State of 749
Mississippi, which lie adjacent to the State of Mississippi south 750
of the three (3) most southern counties in the State of 751
Mississippi, including the Mississippi Sound, St. Louis Bay, 752
Biloxi Bay and Pascagoula Bay, and in which the registered voters 753
of the county in which the port is located have not voted to 754
prohibit such betting, gaming or wagering on cruise vessels as 755
provided in Section 19-3-79; 756
(b) In a structure located, in whole or in part, on 757
shore in any of the three (3) most southern counties in the State 758
of Mississippi in which the registered voters of the county have 759
voted to allow such betting, gaming or wagering on cruise vessels 760
as provided in Section 19-3-79, if: 761
(i) The structure is owned, leased or controlled 762
by a person possessing a gaming license, as defined in Section 763
75-76-5, to conduct legal gaming * * *; 764
(ii) The part of the structure in which licensed 765
gaming activities are conducted is located entirely in an area 766
which is located no more than eight hundred (800) feet from the 767
mean high-water line (as defined in Section 29-15-1) of the waters 768
within the State of Mississippi, which lie adjacent to the State 769
of Mississippi south of the three (3) most southern counties in 770
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the State of Mississippi, including the Mississippi Sound, St. 771
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 772
Mississippi Sound at Harrison County only, no farther north than 773
the southern boundary of the right-of-way for U.S. Highway 90, 774
whichever is greater; and in determining the distance to the mean 775
high-water line, the following considerations apply to any 776
application for site approval after December 31, 2025, whether an 777
initial or renewal application: 778
1. Rights-of-way and easements for public 779
streets and highways shall not be construed to interrupt the 780
contiguous nature of a parcel of property, nor shall the footage 781
contained within such easements and rights-of-way be considered in 782
the calculation of the distances specified in this subparagraph 783
(ii); and 784
2. An imaginary line drawn from any point 785
along the mean high-water line referenced and utilized pursuant to 786
this subparagraph (ii) to any other point of reference must cross 787
only property under the exclusive use and control of the gaming 788
licensee or proposed licensee based on its ownership or lease 789
thereof, except for rights-of-way and easements for public streets 790
and highways; and 791
(iii) In the case of a structure that is located 792
in whole or part on shore, the part of the structure in which 793
licensed gaming activities are conducted shall * * * be located on 794
property entirely under the exclusive use and control of the 795
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gaming licensee or proposed licensee based on its ownership or 796
lease thereof that extends from the gaming floor to the mean 797
high-water line and such land is capable of accommodating the 798
minimum improvement requirements set forth in Section 75-76-67(4); 799
(c) On a vessel as defined in Section 27-109-1 whenever 800
such vessel is on the Mississippi River or navigable waters within 801
any county bordering on the Mississippi River, and in which the 802
registered voters of the county in which the port is located have 803
not voted to prohibit such betting, gaming or wagering on vessels 804
as provided in Section 19-3-79; or 805
(d) That is legal under the laws of the State of 806
Mississippi. 807
SECTION 15. Section 97-33-7, Mississippi Code of 1972, is 808
amended as follows: 809
97-33-7. (1) Except as otherwise provided in Section 810
97-33-8, it shall be unlawful for any person or persons, firm, 811
copartnership or corporation to have in possession, own, control, 812
display, or operate any cane rack, knife rack, artful dodger, 813
punch board, roll down, merchandise wheel, slot machine, pinball 814
machine, or similar device or devices. Provided, however, that 815
this section shall not be so construed as to make unlawful the 816
ownership, possession, control, display or operation of any 817
antique coin machine as defined in Section 27-27-12, or any music 818
machine or bona fide automatic vending machine where the purchaser 819
receives exactly the same quantity of merchandise on each 820
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operation of said machine. Any slot machine other than an antique 821
coin machine as defined in Section 27-27-12 which delivers, or is 822
so constructed as that by operation thereof it will deliver to the 823
operator thereof anything of value in varying quantities, in 824
addition to the merchandise received, and any slot machine other 825
than an antique coin machine as defined in Section 27-27-12 that 826
is constructed in such manner as that slugs, tokens, coins or 827
similar devices are, or may be, used and delivered to the operator 828
thereof in addition to merchandise of any sort contained in such 829
machine, is * * * declared to be a gambling device, and shall be 830
deemed unlawful under the provisions of this section. Provided, 831
however, that pinball machines which do not return to the operator 832
or player thereof anything but free additional games or plays 833
shall not be deemed to be gambling devices, and neither this 834
section nor any other law shall be construed to prohibit same. 835
(2) No property right shall exist in any person, natural or 836
artificial, or be vested in such person, in any or all of the 837
devices described herein that are not exempted from the provisions 838
of this section; and all such devices are * * * declared to be at 839
all times subject to confiscation and destruction, and their 840
possession shall be unlawful, except when in the possession of 841
officers carrying out the provisions of this section. It shall be 842
the duty of all law enforcing officers to seize and immediately 843
destroy all such machines and devices. 844
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(3) A first violation of the provisions of this section 845
shall be deemed a misdemeanor, and the party offending shall, upon 846
conviction, be fined in any sum not exceeding Five Hundred Dollars 847
($500.00), or imprisoned not exceeding three (3) months, or both, 848
in the discretion of the court. In the event of a second 849
conviction for a violation of any of the provisions of this 850
section, the party offending shall be subject to a sentence of not 851
less than six (6) months in the county jail, nor more than two (2) 852
years in the State Penitentiary, in the discretion of the trial 853
court. 854
(4) Notwithstanding any provision of this section to the 855
contrary, it shall not be unlawful to operate any equipment or 856
device described in subsection (1) of this section or any gaming, 857
gambling or similar device or devices by whatever name called 858
while: 859
(a) On a cruise vessel as defined in Section 27-109-1 860
whenever such vessel is in the waters within the State of 861
Mississippi, which lie adjacent to the State of Mississippi south 862
of the three (3) most southern counties in the State of 863
Mississippi, including the Mississippi Sound, St. Louis Bay, 864
Biloxi Bay and Pascagoula Bay, and in which the registered voters 865
of the county in which the port is located have not voted to 866
prohibit such betting, gaming or wagering on cruise vessels as 867
provided in Section 19-3-79; 868
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(b) In a structure located, in whole or in part, on 869
shore in any of the three (3) most southern counties in the State 870
of Mississippi in which the registered voters of the county have 871
voted to allow such betting, gaming or wagering on cruise vessels 872
as provided in Section 19-3-79, if: 873
(i) The structure is owned, leased or controlled 874
by a person possessing a gaming license, as defined in Section 875
75-76-5, to conduct legal gaming * * *; 876
(ii) The part of the structure in which licensed 877
gaming activities are conducted is located entirely in an area 878
which is located no more than eight hundred (800) feet from the 879
mean high-water line (as defined in Section 29-15-1) of the waters 880
within the State of Mississippi, which lie adjacent to the State 881
of Mississippi south of the three (3) most southern counties in 882
the State of Mississippi, including the Mississippi Sound, St. 883
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 884
Mississippi Sound at Harrison County only, no farther north than 885
the southern boundary of the right-of-way for U.S. Highway 90, 886
whichever is greater; and in determining the distance to the mean 887
high-water line, the following considerations apply to any 888
application for site approval after December 31, 2025, whether an 889
initial or renewal application: 890
1. Rights-of-way and easements for public 891
streets and highways shall not be construed to interrupt the 892
contiguous nature of a parcel of property, nor shall the footage 893
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contained within such easements and rights-of-way be considered in 894
the calculation of the distances specified in this subparagraph 895
(ii); and 896
2. An imaginary line drawn from any point 897
along the mean high-water line referenced and utilized pursuant to 898
this subparagraph (ii) to any other point of reference must cross 899
only property under the exclusive use and control of the gaming 900
licensee or proposed licensee based on its ownership or lease 901
thereof, except for rights-of-way and easements for public streets 902
and highways; and 903
(iii) In the case of a structure that is located 904
in whole or part on shore, the part of the structure in which 905
licensed gaming activities are conducted shall * * * be located on 906
property entirely under the exclusive use and control of the 907
gaming licensee or proposed licensee based on its ownership or 908
lease thereof that extends from the gaming floor to the mean 909
high-water line and such land is capable of accommodating the 910
minimum improvement requirements set forth in Section 75-76-67(4); 911
(c) On a vessel as defined in Section 27-109-1 whenever 912
such vessel is on the Mississippi River or navigable waters within 913
any county bordering on the Mississippi River, and in which the 914
registered voters of the county in which the port is located have 915
not voted to prohibit such betting, gaming or wagering on vessels 916
as provided in Section 19-3-79; or 917
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(d) That is legal under the laws of the State of 918
Mississippi. 919
(5) Notwithstanding any provision of this section to the 920
contrary, it shall not be unlawful (a) to own, possess, repair or 921
control any gambling device, machine or equipment in a licensed 922
gaming establishment or on the business premises appurtenant to 923
any such licensed gaming establishment during any period of time 924
in which such licensed gaming establishment is being constructed, 925
repaired, maintained or operated in this state; (b) to install any 926
gambling device, machine or equipment in any licensed gaming 927
establishment; (c) to possess or control any gambling device, 928
machine or equipment during the process of procuring or 929
transporting such device, machine or equipment for installation on 930
any such licensed gaming establishment; or (d) to store in a 931
warehouse or other storage facility any gambling device, machine, 932
equipment, or part thereof, regardless of whether the county or 933
municipality in which the warehouse or storage facility is located 934
has approved gaming aboard cruise vessels or vessels, provided 935
that such device, machine or equipment is operated only in a 936
county or municipality that has approved gaming aboard cruise 937
vessels or vessels. Any gambling device, machine or equipment 938
that is owned, possessed, controlled, installed, procured, 939
repaired, transported or stored in accordance with this subsection 940
shall not be subject to confiscation, seizure or destruction, and 941
any person, firm, partnership or corporation which owns, 942
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possesses, controls, installs, procures, repairs, transports or 943
stores any gambling device, machine or equipment in accordance 944
with this subsection shall not be subject to any prosecution or 945
penalty under this section. Any person constructing or repairing 946
such cruise vessels or vessels within a municipality shall comply 947
with all municipal ordinances protecting the general health or 948
safety of the residents of the municipality. 949
SECTION 16. Section 97-33-17, Mississippi Code of 1972, is 950
amended as follows: 951
97-33-17. (1) All monies exhibited for the purpose of 952
betting or alluring persons to bet at any game, and all monies 953
staked or betted, shall be liable to seizure by any sheriff, 954
constable, or police officer, together with all the appliances 955
used or kept for use in gambling, or by any other person; and all 956
the monies so seized shall be accounted for by the person making 957
the seizure, and all appliances seized shall be destroyed; * * * 958
however, this section shall not apply to betting, gaming or 959
wagering on: 960
(a) A cruise vessel as defined in Section 27-109-1 961
whenever such vessel is in the waters within the State of 962
Mississippi, which lie adjacent to the State of Mississippi south 963
of the three (3) most southern counties in the State of 964
Mississippi, including the Mississippi Sound, St. Louis Bay, 965
Biloxi Bay and Pascagoula Bay, and in which the registered voters 966
of the county in which the port is located have not voted to 967
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prohibit such betting, gaming or wagering on cruise vessels as 968
provided in Section 19-3-79; 969
(b) In a structure located in whole or in part on shore 970
in any of the three (3) most southern counties in the State of 971
Mississippi in which the registered voters of the county have 972
voted to allow such betting, gaming or wagering on cruise vessels 973
as provided in Section 19-3-79, if: 974
(i) The structure is owned, leased or controlled 975
by a person possessing a gaming license, as defined in Section 976
75-76-5, to conduct legal gaming * * *; 977
(ii) The part of the structure in which licensed 978
gaming activities are conducted is located entirely in an area 979
which is located no more than eight hundred (800) feet from the 980
mean high-water line (as defined in Section 29-15-1) of the waters 981
within the State of Mississippi, which lie adjacent to the State 982
of Mississippi south of the three (3) most southern counties in 983
the State of Mississippi, including the Mississippi Sound, St. 984
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 985
Mississippi Sound at Harrison County only, no farther north than 986
the southern boundary of the right-of-way for U.S. Highway 90, 987
whichever is greater; and in determining the distance to the mean 988
high-water line, the following considerations apply to any 989
application for site approval after December 31, 2025, whether an 990
initial or renewal application: 991
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1. Rights-of-way and easements for public 992
streets and highways shall not be construed to interrupt the 993
contiguous nature of a parcel of property, nor shall the footage 994
contained within such easements and rights-of-way be counted in 995
the calculation of the distances specified in subparagraph (ii) of 996
this paragraph; and 997
2. An imaginary line drawn from any point 998
along the mean high-water line referenced and utilized pursuant to 999
subparagraph (ii) of this paragraph to any other point of 1000
reference must cross only property under the exclusive use and 1001
control of the gaming licensee or proposed licensee based on its 1002
ownership or lease thereof, except for rights-of-way and easements 1003
for public streets and highways; and 1004
(iii) In the case of a structure that is located 1005
in whole or part on shore, the part of the structure in which 1006
licensed gaming activities are conducted shall * * * be located on 1007
property entirely under the exclusive use and control of the 1008
gaming licensee or proposed licensee based on its ownership or 1009
lease thereof that extends from the gaming floor to the mean 1010
high-water line and such land is capable of accommodating the 1011
minimum improvement requirements set forth in Section 75-76-67(4); 1012
(c) A vessel as defined in Section 27-109-1 whenever 1013
such vessel is on the Mississippi River or navigable waters within 1014
any county bordering on the Mississippi River, and in which the 1015
registered voters of the county in which the port is located have 1016
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not voted to prohibit such betting, gaming or wagering on vessels 1017
as provided in Section 19-3-79; or 1018
(d) That is legal under the laws of the State of 1019
Mississippi. 1020
(2) Nothing in this section shall apply to any gambling 1021
device, machine or equipment that is owned, possessed, controlled, 1022
installed, procured, repaired or transported in accordance with 1023
subsection (4) of Section 97-33-7. 1024
SECTION 17. Section 97-33-25, Mississippi Code of 1972, is 1025
amended as follows: 1026
97-33-25. If any person shall sell or buy, either directly 1027
or indirectly, any chance in what is commonly called pool, upon 1028
any event whatever, or shall in any manner engage in such business 1029
or pastime, he shall be fined not more than Five Hundred Dollars 1030
($500.00) or shall be imprisoned in the county jail not more than 1031
ninety (90) days; * * * however, this section shall not apply to 1032
betting, gaming or wagering: 1033
(a) On a cruise vessel as defined in Section 27-109-1 1034
whenever such vessel is in the waters within the State of 1035
Mississippi, which lie adjacent to the State of Mississippi south 1036
of the three (3) most southern counties in the State of 1037
Mississippi, including the Mississippi Sound, St. Louis Bay, 1038
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1039
of the county in which the port is located have not voted to 1040
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prohibit such betting, gaming or wagering on cruise vessels as 1041
provided in Section 19-3-79; 1042
(b) In a structure located in whole or in part on shore 1043
in any of the three (3) most southern counties in the State of 1044
Mississippi in which the registered voters of the county have 1045
voted to allow such betting, gaming or wagering on cruise vessels 1046
as provided in Section 19-3-79, if: 1047
(i) The structure is owned, leased or controlled 1048
by a person possessing a gaming license, as defined in Section 1049
75-76-5, to conduct legal gaming * * *; 1050
(ii) The part of the structure in which licensed 1051
gaming activities are conducted is located entirely in an area 1052
which is located no more than eight hundred (800) feet from the 1053
mean high-water line (as defined in Section 29-15-1) of the waters 1054
within the State of Mississippi, which lie adjacent to the State 1055
of Mississippi south of the three (3) most southern counties in 1056
the State of Mississippi, including the Mississippi Sound, St. 1057
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1058
Mississippi Sound at Harrison County only, no farther north than 1059
the southern boundary of the right-of-way for U.S. Highway 90, 1060
whichever is greater; and in determining the distance to the mean 1061
high-water line, the following considerations apply to any 1062
application for site approval after December 31, 2025, whether an 1063
initial or renewal application: 1064
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1. Rights-of-way and easements for public 1065
streets and highways shall not be construed to interrupt the 1066
contiguous nature of a parcel of property, nor shall the footage 1067
contained within such easements and rights-of-way be considered in 1068
the calculation of the distances specified in this subparagraph 1069
(ii); and 1070
2. An imaginary line drawn from any point 1071
along the mean high-water line referenced and utilized pursuant to 1072
this subparagraph (ii) to any other point of reference must cross 1073
only property under the exclusive use and control of the gaming 1074
licensee or proposed licensee based on its ownership or lease 1075
thereof, except for rights-of-way and easements for public streets 1076
and highways; and 1077
(iii) In the case of a structure that is located 1078
in whole or part on shore, the part of the structure in which 1079
licensed gaming activities are conducted shall * * * be located on 1080
property entirely under the exclusive use and control of the 1081
gaming licensee or proposed licensee based on its ownership or 1082
lease thereof that extends from the gaming floor to the mean 1083
high-water line and such land is capable of accommodating the 1084
minimum improvement requirements set forth in Section 75-76-67(4); 1085
(c) On a vessel as defined in Section 27-109-1 whenever 1086
such vessel is on the Mississippi River or navigable waters within 1087
any county bordering on the Mississippi River, and in which the 1088
registered voters of the county in which the port is located have 1089
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not voted to prohibit such betting, gaming or wagering on vessels 1090
as provided in Section 19-3-79; or 1091
(d) That is legal under the laws of the State of 1092
Mississippi. 1093
SECTION 18. Section 97-33-27, Mississippi Code of 1972, is 1094
amended as follows: 1095
97-33-27. If any person shall bet on a horse race or a yacht 1096
race or on a shooting match, he shall be fined not more than Five 1097
Hundred Dollars ($500.00), and, unless the fine and costs be 1098
immediately paid, he shall be imprisoned in the county jail not 1099
more than ninety (90) days; * * * however, this section shall not 1100
apply to betting, gaming or wagering: 1101
(a) On a cruise vessel as defined in Section 27-109-1 1102
whenever such vessel is in the waters within the State of 1103
Mississippi, which lie adjacent to the State of Mississippi south 1104
of the three (3) most southern counties in the State of 1105
Mississippi, including the Mississippi Sound, St. Louis Bay, 1106
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1107
of the county in which the port is located have not voted to 1108
prohibit such betting, gaming or wagering on cruise vessels as 1109
provided in Section 19-3-79; 1110
(b) In a structure located in whole or in part on shore 1111
in any of the three (3) most southern counties in the State of 1112
Mississippi in which the registered voters of the county have 1113
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voted to allow such betting, gaming or wagering on cruise vessels 1114
as provided in Section 19-3-79, if: 1115
(i) The structure is owned, leased or controlled 1116
by a person possessing a gaming license, as defined in Section 1117
75-76-5, to conduct legal gaming * * *; 1118
(ii) The part of the structure in which licensed 1119
gaming activities are conducted is located entirely in an area 1120
which is located no more than eight hundred (800) feet from the 1121
mean high-water line (as defined in Section 29-15-1) of the waters 1122
within the State of Mississippi, which lie adjacent to the State 1123
of Mississippi south of the three (3) most southern counties in 1124
the State of Mississippi, including the Mississippi Sound, St. 1125
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1126
Mississippi Sound at Harrison County only, no farther north than 1127
the southern boundary of the right-of-way for U.S. Highway 90, 1128
whichever is greater; and in determining the distance to the mean 1129
high-water line, the following considerations apply to any 1130
application for site approval after December 31, 2025, whether an 1131
initial or renewal application: 1132
1. Rights-of-way and easements for public 1133
streets and highways shall not be construed to interrupt the 1134
contiguous nature of a parcel of property, nor shall the footage 1135
contained within such easements and rights-of-way be considered in 1136
the calculation of the distances specified in this subparagraph 1137
(ii); and 1138
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ST: Authority of Secretary of State to approve
leases on Public Trust Tidelands; clarify.
2. An imaginary line drawn from any point 1139
along the mean high-water line referenced and utilized pursuant to 1140
this subparagraph (ii) to any other point of reference must cross 1141
only property under the exclusive use and control of the gaming 1142
licensee or proposed licensee based on its ownership or lease 1143
thereof, except for rights-of-way and easements for public streets 1144
and highways; and 1145
(iii) In the case of a structure that is located 1146
in whole or part on shore, the part of the structure in which 1147
licensed gaming activities are conducted shall * * * be located on 1148
property entirely under the exclusive use and control of the 1149
gaming licensee or proposed licensee based on its ownership or 1150
lease thereof that extends from the gaming floor to the mean 1151
high-water line and such land is capable of accommodating the 1152
minimum improvement requirements set forth in Section 75-76-67(4); 1153
(c) On a vessel as defined in Section 27-109-1 whenever 1154
such vessel is on the Mississippi River or navigable waters within 1155
any county bordering on the Mississippi River, and in which the 1156
registered voters of the county in which the port is located have 1157
not voted to prohibit such betting, gaming or wagering on vessels 1158
as provided in Section 19-3-79; or 1159
(d) That is legal under the laws of the State of 1160
Mississippi. 1161
SECTION 19. This act shall take effect and be in force from 1162
and after July 1, 2026. 1163