MDAH; exempt certain repairs to state property.

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To: Public Property;
Accountability, Efficiency,
Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Newman

HOUSE BILL NO. 328

AN ACT TO AUTHORIZE THE MISSISSIPPI DEPARTMENT OF ARCHIVES 1
AND HISTORY TO EXEMPT CERTAIN REPAIRS AND RENOVATIONS TO 2
STATE-OWNED FACILITIES AND PROPERTIES; TO PRESCRIBE THE 3
CONTINGENCIES FOR SUCH REPAIRS AND RENOVATIONS WHICH MUST ADHERE 4
TO CERTAIN REQUIREMENTS TO BE ELIGIBLE FOR EXEMPTION; TO PROVIDE 5
ADDITIONAL REQUIREMENTS FOR PROPERTIES WITH DUAL DESIGNATIONS AS 6
MISSISSIPPI LANDMARKS AND NATIONAL HISTORIC LANDMARKS; TO AMEND 7
SECTIONS 29-1-1, 29-5-2, 39-5-5 AND 39-7-7, MISSISSIPPI CODE OF 8
1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. (1) The Legislature finds and declares: 11
(a) State-owned properties that have historical, 12
cultural or architectural significance play a critical role in 13
preserving Mississippi's heritage; and 14
(b) Special consideration must be given to properties 15
designated as both Mississippi Landmarks under Section 39-7-3 and 16
National Historic Landmarks under the National Historic 17
Preservation Act, as these sites hold exceptional significance and 18
require strict compliance with federal and state preservation 19
laws; and 20
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(c) The necessity in establishing standards for 21
exemptions that ensure the preservation of architectural and 22
historical integrity while providing flexibility for necessary 23
repairs, renovations or demolitions. 24
SECTION 2. (1) The Mississippi Department of Archives and 25
History (MDAH), acting through its board of trustees, may approve 26
exemptions to standard repair and renovation requirements for 27
state-owned properties that meet the following criteria: 28
(a) Age Requirement: The property must be more than 29
twenty (20) years old from the date of its original construction 30
and occupation. 31
(b) Material Standards: If the original construction 32
material is no longer available, repairs and renovations must be 33
completed using modern materials that replicate the authentic 34
style, color, durability and texture of the originally installed 35
construction materials. 36
(c) Architectural Integrity: Repairs and renovations 37
must maintain the integrity of the property's original exterior 38
architectural design and aesthetic, including materials. 39
(d) Demolition Standards: The demolition of a property 40
may be authorized if the board determines that such action is more 41
economically feasible and conveys a greater benefit to the local 42
community and the state's long-term plan of use for the property. 43
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(2) Properties designated as both Mississippi Landmarks and 44
National Historic Landmarks shall meet the following additional 45
requirements: 46
(a) All repair, renovation, or demolition proposals 47
must comply with the provisions of Section 39-7-3 and the 48
Secretary of the Interior's Standards for the Treatment of 49
Historic Properties. 50
(b) Any alteration must not compromise the property's 51
historic integrity or its designation as a National Historic 52
Landmark. 53
(c) Written approval must be obtained from the 54
Mississippi Department of Archives and History and, if applicable, 55
the National Park Service, prior to initiating any project that 56
affects the property's exterior or structural elements. 57
(d) A detailed preservation plan, including an 58
assessment of the project's impact on the property's historical 59
and architectural features, must be submitted to and approved by 60
the MDAH Board of Trustees. 61
(3) The Board of Trustees shall adopt rules and regulations 62
to implement the provisions of this section, including the 63
criteria and process for evaluating and approving exemptions. 64
SECTION 3. Section 29-1-1, Mississippi Code of 1972, is 65
amended as follows: 66
29-1-1. (1) Except as otherwise provided in subsections 67
(7), (8), (9) and (13) of this section, the title to all lands 68
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held by any agency of the State of Mississippi shall appear on all 69
deeds and land records under the name of the "State of 70
Mississippi." A deed may also recite the name of the agency for 71
whose benefit and use the land is acquired, but the recital shall 72
not be deemed or construed to be a limitation on the grant or an 73
impairment of title held by the State of Mississippi. Use and 74
possession of the land may be reassigned by act of the Legislature 75
or by interagency conveyance where each agency has statutory 76
authority to acquire and dispose of land. For the purpose of this 77
section, the term "agency" shall be defined as set forth in 78
Section 31-7-1(a). The provisions of this section shall not 79
affect the authority of any agency to use any land held by the 80
agency. No assets or property of the Public Employees' Retirement 81
System of Mississippi shall be transferred in violation of Section 82
272A of the Mississippi Constitution of 1890. Each state agency 83
shall inventory any state-held lands which are titled in the name 84
of the agency. The agency shall execute quitclaim deeds and any 85
other necessary documents to transfer the name and title of the 86
property to the State of Mississippi. State agencies shall 87
furnish to the Secretary of State certified copies of the 88
quitclaim deeds and all other deeds whereby the state agency 89
acquires or disposes of state-held land. 90
(2) The Secretary of State, under the general direction of 91
the Governor and as authorized by law, shall sell and convey the 92
public lands in the manner and on the terms provided herein for 93
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the several classes thereof; he shall perform all the 94
administrative and executive duties appertaining to the selection, 95
location, surveying, platting, listing, and registering these 96
lands or otherwise concerning them; and he shall investigate the 97
status of the various "percent" funds accrued and accruing to the 98
state from the sale of lands by the United States, and shall 99
collect and pay the funds into the Treasury in the manner provided 100
by law. The Secretary of State, with the approval of the 101
Governor, acting on behalf of the state, may accept gifts or 102
donations of land to the State of Mississippi. 103
(3) In accordance with Sections 7-11-11 and 7-11-13, the 104
Secretary of State shall be required to sign all conveyances of 105
all state-held land. For purposes of this section, the term 106
"conveyance" shall mean any sale or purchase of land by the State 107
of Mississippi for use by any agency, board or commission thereof. 108
Failure to obtain legislative approval pursuant to subsection (4) 109
of this section and the signature of the Secretary of State on any 110
conveyance regarding the sale or purchase of lands for the state 111
including any agency, board or commission thereof, shall render 112
the attempted sale or purchase of the lands void. Nothing in this 113
section shall be construed to authorize any state agency, board, 114
commission or public official to convey any state-held land unless 115
this authority is otherwise granted by law. The Secretary of 116
State shall not withhold arbitrarily his signature from any 117
purchase or sale authorized by the Mississippi State Legislature. 118
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Except for those lands forfeited to the state for the nonpayment 119
of taxes, conveyed to another state agency or entity as provided 120
in subsection (11) of this section or acquired by the Mississippi 121
Transportation Commission under Section 65-1-123, no state-held 122
land shall be sold for less than the fair market value as 123
determined by two (2) professional appraisers selected by the 124
State Department of Finance and Administration, who are certified 125
general appraisers of the State of Mississippi. The proceeds from 126
any sale by an agency, board, commission or public official of 127
state-held lands shall be deposited into the State General Fund 128
unless otherwise provided by law. 129
(4) Before any state-held land is sold to any individual or 130
private entity, thirty (30) days' advance notice of the intended 131
sale shall be provided by the Secretary of State to the State 132
Legislature and to all state agencies for the purpose of 133
ascertaining whether an agency has a need for the land and for the 134
purpose of ascertaining whether the sale of the land was 135
authorized by law. If no agency of the state expresses in writing 136
to the Secretary of State by the end of the thirty-day period a 137
desire to use the land, then the Secretary of State, with the 138
prior approval of the Mississippi Legislature to sell the 139
state-held land, may offer the land for sale to any individual or 140
private entity. Such notice to state agencies is given in aid of 141
internal management of the real property inventory of the state, 142
and this notice requirement shall not be applied to challenge or 143
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defeat any title heretofore or hereafter granted by the state 144
under any law authorized by the Mississippi Legislature providing 145
for the sale or disposal of property. 146
(5) A cultural resources survey may be performed on any 147
state-held land before the disposition of the land if the 148
Mississippi Department of Archives and History deems this survey 149
necessary. The cost of the survey and any archaeological studies 150
deemed necessary by the Mississippi Department of Archives and 151
History shall be paid by the selling agency and recouped from the 152
proceeds of the sale. 153
(6) Before any land may be purchased by the state for the 154
benefit of any state agency, the Secretary of State, or his 155
designee, shall search and examine all state land records to 156
determine whether the state owns any land that may fit the 157
particular need of the agency. The Secretary of State, or his 158
designee, shall notify the agency if it is determined that any 159
state-held land is available for use by the agency. The agency 160
shall determine if such land accommodates its needs and shall 161
determine whether to make an official request to the proper 162
authorities to have the use of the land. 163
(7) This section shall not apply to: (a) any lands 164
purchased or acquired for construction and maintenance of highways 165
or highway rights-of-way by the Mississippi Department of 166
Transportation, or (b) any lands acquired by the state by 167
forfeiture for nonpayment of ad valorem taxes and heretofore or 168
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hereafter sold under authority of any other section of Chapter 1, 169
Title 29, specifically relating to tax-forfeited lands. 170
(8) This section shall not apply to any lands purchased 171
solely by the use of federal funds or lands for which authority to 172
transfer or dispose of these lands is governed by federal law or 173
federal regulations insofar as the application of this section 174
limits or impairs the ability of the Secretary of State to acquire 175
or dispose of the land. However, any state agency acquiring or 176
disposing of land exempted from the application of this section by 177
this subsection shall furnish the Secretary of State certified 178
copies of all deeds executed for those transfers or disposals. 179
(9) Any lands purchased by the Mississippi Major Economic 180
Impact Authority for a "project" as defined in Section 57-75-5 181
shall be excluded from the provisions of this section. 182
(10) The Secretary of State may recover from any agency, 183
corporation, board, commission, entity or individual any cost that 184
is incurred by his office for the record-keeping responsibilities 185
regarding the sale or purchase of any state-held lands. 186
(11) Subsections (4), (5) and (6) of this section shall not 187
apply to sales or purchases of land when the Legislature expressly 188
authorizes or directs a state agency to sell, purchase or 189
lease-purchase a specifically described property. However, when 190
the Legislature authorizes a state agency to sell or otherwise 191
convey specifically described real property to another state 192
agency or other entity such as a county, municipality, economic 193
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development district created under Section 19-5-99 or similar 194
entity, without providing that the conveyance may not be made for 195
less than the fair market value of the property, then the state 196
agency authorized to convey such property must make the following 197
determinations before conveying the property: 198
(a) That the state agency or other entity to which the 199
proposed conveyance is to be made has an immediate need for the 200
property; 201
(b) That there are quantifiable benefits that will 202
inure to the state agency or other entity to which the proposed 203
conveyance is to be made which outweigh any quantifiable costs to 204
the state agency authorized to make the conveyance; and 205
(c) That the state agency or other entity to which the 206
proposed conveyance is to be made lacks available funds to pay 207
fair market value for the property. If the state agency 208
authorized to convey such property fails to make such 209
determinations, then it shall not convey the property for less 210
than the fair market value of the property. 211
(12) This section shall not apply to the donation and 212
conveyance of the Nanih Waiya State Park to the Mississippi Band 213
of Choctaw Indians. 214
(13) This section shall not apply to any lands acquired, 215
sold, or leased pursuant to Section 59-5-1 et seq. 216
(14) For any state-owned land meeting the criteria 217
established under Section 2 of this act, exemptions for repairs, 218
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renovations, construction of improvements or demolitions may be 219
authorized by the Mississippi Department of Archives and History 220
Board of Trustees, subject to the requirements of Mississippi and 221
federal preservation laws. 222
SECTION 4. Section 29-5-2, Mississippi Code of 1972, is 223
amended as follows: 224
29-5-2. (1) The duties of the Department of Finance and 225
Administration shall be as follows: 226
(a) (i) To exercise general supervision and care over 227
and keep in good condition the following state property located in 228
the City of Jackson: the New State Capitol Building, the Woolfolk 229
State Office Building and Parking Garage, the Carroll Gartin 230
Justice Building, the Walter Sillers Office Building and Parking 231
Garage, the War Veterans' Memorial Building, the Charlotte Capers 232
Building, the William F. Winter Archives and History Building, the 233
Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot 234
(GM&O Depot), the Old State Capitol Building, the Governor's 235
Mansion, the Heber Ladner Building, the Robert E. Lee Office 236
Building, the Robert E. Lee Parking Garage, the former Naval 237
Reserve Center, 515 East Amite Street, 620 North Street, 660 North 238
Street, 700 North State Street, 350 High Street, 401 North Lamar 239
Street, 455 North Lamar Street, the State Records Center, the 240
Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds 241
Complex, the former Central High Building, the Mississippi 242
Workers' Compensation Commission Office Building, as well as all 243
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state-owned or leased buildings situated on seat of government 244
property. 245
(ii) To exercise general supervision and care over 246
and keep in good condition the Dr. Eldon Langston Bolton Building 247
located in Biloxi, Mississippi. 248
(iii) To exercise general supervision and care 249
over and keep in good condition the State Service Center, located 250
at the intersection of U.S. Highway 49 and John Merl Tatum 251
Industrial Drive in Hattiesburg, Mississippi. 252
(iv) To exercise general supervision and care over 253
and keep in good condition any property purchased, constructed or 254
otherwise acquired by the State of Mississippi for conducting 255
state business and not specifically under the supervision and care 256
by any other state entity, but which is reasonably assumed the 257
department would be responsible for such, as approved by the 258
Public Procurement Review Board, including, but not limited to: 259
1. The National Aeronautics and Space 260
Administration (NASA) Shared Services Center and Lockheed Martin 261
Building at Stennis Space Center; 262
2. The Mississippi Sports Hall of Fame; 263
3. The Mississippi Crafts Center; 264
4. The Mississippi Children's Museum; and 265
5. The Mississippi Arts and Entertainment 266
Center. 267
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(b) To assign suitable office space for the various 268
state departments, officers and employees who are provided with an 269
office in any of the buildings under the jurisdiction or control 270
of the Department of Finance and Administration. However, the 271
assignment of space in the New Capitol Building shall be 272
designated by duly passed resolution of the combined Senate Rules 273
Committee and the House Management Committee, meeting as a joint 274
committee, approved by the Lieutenant Governor and Speaker of the 275
House of Representatives. A majority vote of the members of the 276
Senate Rules Committee and a majority vote of the members of the 277
House Management Committee shall be required on all actions taken, 278
resolutions or reports adopted, and all other matters considered 279
by the full combined committee on occasions when the Senate Rules 280
Committee and the House Management Committee shall meet as a full 281
combined committee. 282
(c) To approve or disapprove with the concurrence of 283
the Public Procurement Review Board, any lease or rental 284
agreements by any state agency or department, including any state 285
agency financed entirely by federal and special funds, for space 286
outside the buildings under the jurisdiction of the Department of 287
Finance and Administration, including space necessary for parking 288
to be used by state employees who work in the Woolfolk Building, 289
the Carroll Gartin Justice Building or the Walter Sillers Office 290
Building. In no event shall any employee, officer, department, 291
federally funded agency or bureau of the state be authorized to 292
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enter into a lease or rental agreement without prior approval of 293
the Department of Finance and Administration and the Public 294
Procurement Review Board. 295
The Department of Finance and Administration is authorized to 296
use architects, engineers, building inspectors and other personnel 297
for the purpose of making inspections as may be deemed necessary 298
in carrying out its duties and maintaining the facilities. 299
This section is not intended to apply to locations for which 300
the Department of Finance and Administration has decided to 301
solicit proposals in accordance with subsection (e) of this 302
section. 303
(d) To acquire by lease, lease-purchase agreement, or 304
otherwise, as provided in Section 27-104-107, and to assign 305
through the Office of General Services, by lease or sublease 306
agreement from the office, and with the concurrence of the Public 307
Procurement Review Board, to any state agency or department, 308
including any state agency financed entirely by federal and 309
special funds, appropriate office space in the buildings acquired. 310
(e) To solicit and approve or disapprove, 311
notwithstanding any rule of law to the contrary, and with the 312
concurrence of the Public Procurement Review Board, any lease, use 313
or rental agreement for a charge or other consideration for space 314
not exceeding three thousand (3,000) square feet in any individual 315
building listed in subsection (a) of this section, with a private 316
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entry who will provide food and/or catering services for state 317
employees, visitors and the general public. 318
The department shall select the entity using a competitive 319
process which shall be publicly advertised. In addition to 320
satisfying any other requirements for the Public Procurement 321
Review Board's approval, the department must demonstrate that any 322
agreement entered into under this section will neither result in a 323
net cost to the state, nor impair or impede the function of state 324
agencies at such location. 325
(2) Properties under the jurisdiction of the Mississippi 326
Department of Finance and Administration which are determined to 327
meet the criteria under Section 2 of this act may have repairs, 328
renovations, or demolitions conducted pursuant to the exemptions 329
approved by the Board of Trustees of the Mississippi Department of 330
Archives and History, provided such actions comply with all 331
applicable state and federal preservation standards. 332
SECTION 5. Section 39-5-5, Mississippi Code of 1972, is 333
amended as follows: 334
39-5-5. The duties and powers of the Board of Trustees of 335
the Department of Archives and History shall include, in addition 336
to other duties and powers granted or prescribed by law, the 337
following: 338
(a) To determine the location of places of historical 339
interest within the state; 340
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(b) To make a survey of buildings of all types 341
throughout the state which are in danger of destruction, without 342
proper care, and which in the opinion of the board of trustees 343
should be preserved for historical purposes; 344
(c) To contact the proper authorities of the United 345
States national cemeteries and military parks to determine whether 346
or not the record of Mississippi troops is adequately 347
commemorated; 348
(d) To acquire, preserve, restore or operate any real 349
or personal property deemed significant for historical, 350
architectural, archaeological or cultural reasons, to expend funds 351
for such purposes, to enter into contracts or agreements with any 352
agency of the United States or any person, firm, corporation or 353
association for such purposes and to do any and all things which 354
may be necessary or desirable to carry out such purposes; 355
(e) To participate with any agency of the United 356
States, any other governmental agency or any person, firm, 357
corporation, association or group in mutual or cooperative 358
programs or projects within the duties and powers of the board of 359
trustees; 360
(f) To accept grants or donations of money or property, 361
real or personal, from any agency of the United States, any other 362
governmental agency or any person, firm, corporation, association 363
or group. However, the board of trustees shall not be required, 364
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except by specific act of the Legislature, to accept any property 365
without its consent; 366
(g) To provide suitable markers with adequate 367
descriptions of the historical sites to which they refer, for 368
places of historical interest and to provide suitable markers on 369
the highways and roads of this state showing the direction and 370
distance to the historical sites; * * * 371
(h) To establish, administer, manage and make 372
expenditures and allocations from the Mississippi Historic Site 373
Preservation Fund under the provisions of Section 39-5-22 * * *; 374
(i) To develop and implement policies for the 375
preservation of state-owned properties; and 376
(j) To evaluate and approve exemptions to repair, 377
renovation, or demolition standards for state-owned properties 378
meeting the criteria set forth in Section 2 of this act, with 379
particular attention to properties designated as Mississippi 380
Landmarks and National Historic Landmarks. 381
SECTION 6. Section 39-7-7, Mississippi Code of 1972, is 382
amended as follows: 383
39-7-7. (1) The duties of the board shall be to determine 384
the site of and to designate Mississippi Landmarks; to remove from 385
such designation certain of such sites as hereinafter provided; to 386
contract or otherwise provide for the discovery and salvage 387
operations herein covered; to consider the requests for and issue 388
the permits hereinafter provided for; and to protect and preserve 389
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ST: MDAH; exempt certain repairs to state
property.
the archaeological, historical and architectural resources of the 390
State of Mississippi. The board shall be the legal custodian of 391
all items hereinafter described which have been recovered and 392
retained by the State of Mississippi, and shall maintain an 393
inventory of such items showing the description and depository 394
thereof. 395
(2) In accordance with the public policy declared under the 396
provision of Section 39-7-3, the Mississippi Department of 397
Archives and History is authorized to grant exemptions for the 398
repair, renovation, or demolition of state-owned buildings under 399
the criteria set forth in Section 2 of this act, provided that all 400
actions comply with state and federal preservation laws applicable 401
to Mississippi Landmarks and National Historic Landmarks. 402
SECTION 7. This act shall take effect and be in force from 403
and after July 1, 2026. 404