Public Trust Tidelands; clarify authority of Secretary of State to approve leases on unrelated to gaming.

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To: Marine Resources; Gaming
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Anderson (122nd)

HOUSE BILL NO. 15

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