Monuments and displays; prohibit construction or removal on State Capitol grounds unless authorized by the Legislature.

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To: State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Eubanks

HOUSE BILL NO. 782

AN ACT TO AMEND SECTION 55-15-81, MISSISSIPPI CODE OF 1972, 1
TO PROHIBIT THE REMOVAL OR CONSTRUCTION OF A MONUMENT, DISPLAY, 2
STATUE, MEMORIAL, OR NAMEPLATE FROM OR ON THE STATE CAPITOL 3
GROUNDS UNLESS AUTHORIZED BY AN ACT OF THE LEGISLATURE; TO AMEND 4
SECTION 39-5-5, MISSISSIPPI CODE OF 1972, WHICH RELATES TO THE 5
POWERS AND DUTIES OF THE BOARD OF TRUSTEES OF THE DEPARTMENT OF 6
ARCHIVES AND HISTORY, TO CONFORM TO THE PRECEDING PROVISION; AND 7
FOR RELATED PURPOSES. 8
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 9
SECTION 1. Section 55-15-81, Mississippi Code of 1972, is 10
amended as follows: 11
55-15-81. (1) None of the following items, structures or 12
areas may be relocated, removed, disturbed, altered, renamed or 13
rededicated: any Revolutionary War, War of 1812, Mexican-American 14
War, War Between the States, Spanish-American War, World War I, 15
World War II, Korean War, Vietnam War, Persian Gulf War, War in 16
Iraq or Native American War's statues, monuments, memorials or 17
nameplates (plaques), which have been erected on public property 18
of the state or any of its political subdivisions, such as local, 19
municipal or county owned public areas, and any statues, 20
monuments, memorials, nameplates (plaques), schools, streets, 21
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bridges, buildings, parks preserves, reserves or other public 22
items, structure or areas of the state or any of its political 23
subdivisions, such as, local, municipal or county owned public 24
areas, which has been dedicated in memory of, or named for, any 25
historical military figure, historical military event, military 26
organization or military unit. 27
(2) No person may prevent the public body responsible for 28
maintaining any of the items, structures or areas described above 29
from taking proper measures and exercising proper means for the 30
protection, preservation, care, repair or restoration of those 31
items, structures or areas. The governing body may move the 32
memorial to a more suitable location if it is determined that the 33
location is more appropriate to displaying the monument. 34
(3) This section shall not apply to items, structures or 35
areas located on property owned or acquired by the Mississippi 36
Transportation Commission which may interfere with the 37
construction, maintenance or operation of public transportation 38
facilities. 39
(4) Except as otherwise provided in this section, a 40
monument, display, statue, memorial, or nameplate (plaque) shall 41
not be constructed on or removed from the State Capitol grounds 42
unless authorized by an act of the Legislature. 43
(5) The governing body shall not consider the construction 44
of a monument, display, statue, memorial, or nameplate (plaque) on 45
the State Capitol grounds or the removal of a monument, display, 46
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statue, memorial, or nameplate (plaque) from the State Capitol 47
grounds without legislative authorization as provided under this 48
section. 49
(6) It is determined by the Legislature of the State of 50
Mississippi that legislative oversight should be provided for the 51
construction of a monument, display, statue, memorial, or 52
nameplate (plaque) on State Capitol grounds, or the removal of a 53
monument, display, statue, memorial, or nameplate (plaque) from 54
the State Capitol grounds, and that this act is immediately 55
necessary because it ensures that the Legislature has proper 56
oversight of monuments on State Capitol grounds. 57
SECTION 2. Section 39-5-5, Mississippi Code of 1972, is 58
amended as follows: 59
39-5-5. Except as otherwise provided in Section 55-15-81, 60
the duties and powers of the Board of Trustees of the Department 61
of Archives and History shall include, in addition to other duties 62
and powers granted or prescribed by law, the following: 63
(a) To determine the location of places of historical 64
interest within the state; 65
(b) To make a survey of buildings of all types 66
throughout the state which are in danger of destruction, without 67
proper care, and which in the opinion of the board of trustees 68
should be preserved for historical purposes; 69
(c) To contact the proper authorities of the United 70
States national cemeteries and military parks to determine whether 71
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or not the record of Mississippi troops is adequately 72
commemorated; 73
(d) To acquire, preserve, restore or operate any real 74
or personal property deemed significant for historical, 75
architectural, archaeological or cultural reasons, to expend funds 76
for such purposes, to enter into contracts or agreements with any 77
agency of the United States or any person, firm, corporation or 78
association for such purposes and to do any and all things which 79
may be necessary or desirable to carry out such purposes; 80
(e) To participate with any agency of the United 81
States, any other governmental agency or any person, firm, 82
corporation, association or group in mutual or cooperative 83
programs or projects within the duties and powers of the board of 84
trustees; 85
(f) To accept grants or donations of money or property, 86
real or personal, from any agency of the United States, any other 87
governmental agency or any person, firm, corporation, association 88
or group. However, the board of trustees shall not be required, 89
except by specific act of the Legislature, to accept any property 90
without its consent; 91
(g) To provide suitable markers with adequate 92
descriptions of the historical sites to which they refer, for 93
places of historical interest and to provide suitable markers on 94
the highways and roads of this state showing the direction and 95
distance to the historical sites; and 96
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ST: Monuments and displays; prohibit
construction or removal on State Capitol grounds
unless authorized by the Legislature.
(h) To establish, administer, manage and make 97
expenditures and allocations from the Mississippi Historic Site 98
Preservation Fund under the provisions of Section 39-5-22. 99
SECTION 3. This act shall take effect and be in force from 100
and after July 1, 2026. 101