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

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blount

SENATE BILL NO. 2396

AN ACT TO DEFINE STATE JURISDICTION OVER PUBLIC TRUST 1
TIDELANDS AND THE AUTHORITY OF THE SECRETARY OF STATE TO APPROVE 2
LEASES LOCATED ON PUBLIC TRUST TIDELANDS; TO AMEND SECTIONS 3
7-11-11, 29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9, 29-15-10 4
AND 29-15-13, MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 5
29-15-2, MISSISSIPPI CODE OF 1972, TO DECLARE LEGISLATIVE INTENT 6
RELATIVE TO PUBLIC TRUST TIDELANDS, TO CLARIFY THE REQUIREMENT OF 7
A SEPARATE LEASE FROM THE SECRETARY OF STATE TO RENT LAND ON 8
PUBLIC TRUST TIDELANDS PROPERTY, TO CLARIFY THAT THE LEASE NEEDED 9
TO MOVE ON SHORE IS ONE WITH THE STATE OR THE STATE PORT AT 10
GULFPORT, TO REVISE DEFINITIONS, TO PROVIDE THAT STATE-HELD 11
TIDELANDS SUBJECT TO PUBLIC TRUST ARE PRESCRIBED IN TIDELANDS MAPS 12
AND BOUNDARY AGREEMENTS AND COURT ORDERS CONFIRMING THE MAPS, TO 13
CONFIRM ALL AUTHORITY OVER TIDELANDS IN THE STATE UNLESS 14
SPECIFICALLY SEVERED OR GIVEN TO A SPECIFIC STATE AGENCY OR 15
POLITICAL SUBDIVISION, TO CONFIRM AUTHORITY, MANAGEMENT AND 16
ADMINISTRATIVE CONTROL OVER TIDELANDS IN THE SECRETARY OF STATE, 17
TO CLARIFY THAT ONLY SPECIFIC ACTION BY THE LEGISLATURE CAN DIVEST 18
THE SECRETARY OF STATE OF SUCH MANAGEMENT AND CONTROL; TO AMEND 19
SECTIONS 59-7-405 AND 59-15-1, MISSISSIPPI CODE OF 1972, TO 20
PROVIDE THAT THE LOCAL GOVERNING AUTHORITY SHALL NOT LEASE, 21
SUBLEASE, RENT OR PROVIDE ACCESS FOR ANY GAMING PURPOSES UNDER 22
THIS AUTHORITY; TO AMEND SECTIONS 75-76-67, 87-1-5, 97-33-1, 23
97-33-7, 97-33-17, 97-33-25 AND 97-33-27, MISSISSIPPI CODE OF 24
1972, TO DEFINE AND CLARIFY THE AUTHORITY OF THE MISSISSIPPI 25
GAMING COMMISSION IN DETERMINING LEGAL GAMING SITES AND 26
PRELIMINARY SITE APPROVAL AND TO CLARIFY AREAS AUTHORIZED FOR 27
GAMING CASINO OPERATIONS AND THE AUTHORITY OF THE COMMISSION TO 28
REGULATE MINIMUM SIZE, MINIMUM IMPROVEMENTS AND OTHER PROJECT 29
REQUIREMENTS; AND FOR RELATED PURPOSES. 30
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 31
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SECTION 1. Section 7-11-11, Mississippi Code of 1972, is 32
amended as follows: 33
7-11-11. The Secretary of State shall have charge of the 34
swamp and the overflowed lands and indemnity lands in lieu 35
thereof, the internal improvement lands, the lands forfeited to 36
the state for nonpayment of taxes after the time allowed by law 37
for redemption shall have expired, the Public Trust Tidelands, and 38
of all other public lands belonging to or under the control of the 39
state. The regulation, sale and disposition of all such lands 40
shall be made through the Secretary of State's office. 41
The Secretary of State shall sign all conveyances and leases 42
of any and all state-owned lands and shall record same in a book 43
kept in his office for such purposes. 44
SECTION 2. Section 29-1-107, Mississippi Code of 1972, is 45
amended as follows: 46
29-1-107. (1) (a) The Secretary of State, with the 47
approval of the Governor, shall, as far as practicable, rent or 48
lease all lands belonging to the state, except as otherwise 49
provided by * * * this section, for a period of not exceeding one 50
(1) year, and account for the rents therefrom in the same manner 51
as money received from the sale of state lands, provided that no 52
state land shall be rented or leased to individuals, corporations, 53
partnerships, or association of persons for hunting or fishing 54
purposes. Property belonging to the state in municipalities, even 55
though it may have been subdivided into lots, blocks, divisions, 56
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or otherwise escheated or was sold to the state by such 57
description, may likewise be leased or rented by the Secretary of 58
State under the terms provided above for other state lands, and 59
the rents accounted for in the same manner. The state shall have 60
all the liens, rights and remedies accorded to landlords in 61
Sections 89-7-1 through 89-7-125; said leases and rental contracts 62
shall automatically terminate on the date provided in said leases 63
or contracts. 64
(b) A person possessing a gaming license under the 65
Mississippi Gaming Control Act or who wishes to apply for a gaming 66
license under the Mississippi Gaming Control Act and who further 67
uses or wishes to use Public Trust Tidelands as part of its 68
proposed gaming project shall be required to obtain a tidelands 69
lease from the Secretary of State notwithstanding any statute, law 70
or other provision providing other authority to municipalities and 71
counties or any other political subdivision to use the Public 72
Trust Tidelands and such lease may be conditioned upon the gaming 73
licensee or license applicant obtaining such other necessary and 74
required approvals. This paragraph (b) shall not apply to gaming 75
sites and casino operators approved prior to December 31, 2023. 76
(2) (a) The Secretary of State, with the approval of the 77
Governor, may rent or lease surface lands, tidelands or submerged 78
lands owned or controlled by the State of Mississippi lying in or 79
adjacent to the Mississippi Sound or Gulf of Mexico or streams 80
emptying therein, for a period not exceeding forty (40) years for 81
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rental payable to the state annually. However, the term of any 82
lease of State Public Trust Tidelands to a person possessing a 83
license under the Mississippi Gaming Control Act shall be governed 84
by the provisions of subsection (4) of this section. 85
(b) The lessee under such agreement may construct such 86
necessary items for marking channels, docking, wharfing, mooring 87
or fleeting vessels which shall be in aid of navigation and not 88
obstructions thereto. 89
(c) A lessee of record may be given the option to renew 90
for an additional period not to exceed twenty-five (25) years; 91
however, the term of a renewal for a lease of State Public Trust 92
Tidelands to a person possessing a gaming license under the 93
Mississippi Gaming Control Act shall be governed by the provisions 94
of subsection (4) of this section. The holder of a lease of 95
Public Trust Tidelands, at the expiration thereof, shall have a 96
prior right, exclusive of all other persons, to re-lease as may be 97
agreed upon between the holder of the lease and the Secretary of 98
State. 99
(d) Leases shall provide for review and rent 100
adjustments at each fifth anniversary tied either to the All Urban 101
Consumer Price Index-All Items (CPI) or to an appraisal which 102
deducts the value of any improvements by the lessee which 103
substantially enhance the value of the land. In the case where 104
the initial rental was based on the value set by the ad valorem 105
tax rolls, then the rent review and adjustment clause shall be 106
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likewise based on the value set by such tax rolls. In the event 107
that the lessor and lessee cannot agree on a rental amount, the 108
lease may be cancelled at the option of the lessor. The lessee 109
shall, within thirty (30) days after execution of a sublease or 110
assignment, file a copy thereof, including the total consideration 111
therefor, with the Secretary of State. This paragraph shall not 112
apply to a lease of State Public Trust Tidelands or submerged 113
lands to a person possessing a gaming license under the 114
Mississippi Gaming Control Act who operates a gaming establishment 115
on such tidelands or submerged lands or to a person who has or 116
will apply for a gaming license under the Mississippi Gaming 117
Control Act and to use Public Trust Tidelands or submerged lands 118
as part of its proposed gaming project. 119
(e) The Secretary of State shall not grant a lease for 120
gaming purposes whether directly or indirectly on Public Trust 121
Tidelands on which the sand beach was constructed, as defined in 122
Section 29-15-1. 123
(3) Provided, however, the current occupants of Public Trust 124
Tidelands that were developed after the determinable mean 125
high-water line nearest the effective date of the Coastal Wetlands 126
Protection Law shall pay an annual rental based on the fair market 127
value as determined by the assessed valuation of the property. 128
The holder of a lease of Public Trust Tidelands, at the expiration 129
thereof, shall have a prior right, exclusive of all other persons, 130
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to re-lease as may be agreed upon between the holder of the lease 131
and the Secretary of State. 132
(4) (a) This section shall apply to any person possessing a 133
license under the Mississippi Gaming Control Act or who wishes to 134
apply for a gaming license under the Mississippi Gaming Control 135
Act and who operates or proposes to operate a gaming establishment 136
in any of the three (3) most southern counties of the state. Any 137
gaming licensee or proposed gaming licensee shall be required to 138
obtain a lease from the State of Mississippi through the Secretary 139
of State to use any State Public Trust Tidelands notwithstanding 140
any statute, law or other provision providing other authority to 141
municipalities and counties or any other political subdivision to 142
use the Public Trust Tidelands. 143
(b) The following shall apply to all leases of State 144
Public Trust Tidelands executed by such a licensee: 145
(i) Every lease executed after August 29, 2005, 146
shall be for a period of thirty (30) years for rental payable to 147
the state annually. 148
(ii) By operation of this section, any lease 149
executed before August 29, 2005, may, at the option of the lessee, 150
either remain at the term stated in the original execution of the 151
lease or be converted to a thirty-year term lease, beginning on 152
such date after August 29, 2005, that the lessee either resumes or 153
begins permanent gaming activities as approved by the Mississippi 154
Gaming Commission, and the lessee shall be required to comply with 155
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all other provisions of the lease. Should the lessee choose to 156
operate in a structure that is not on State Public Trust Tidelands 157
and that is on property contiguous to State Public Trust Tidelands 158
leased by the State of Mississippi to the lessee, the lessee shall 159
be required to comply with all other provisions of the lease with 160
the State of Mississippi and shall be exempt from the assessment 161
provided for in paragraph (c) of this subsection. Easements for 162
and rights-of-way for public streets and highways shall not be 163
construed to interrupt the contiguous nature of a parcel of 164
property. In the event that a lessee does not elect either to 165
remain bound by the original term of the lease with the State of 166
Mississippi or to convert the lease to a thirty-year term, the 167
Secretary of State may lease the State Public Trust Tidelands that 168
are the subject of the lease to any other person or entity. 169
(iii) Leases shall provide for review and rent 170
adjustments at each annual anniversary tied to the All Urban 171
Consumer Price Index-All Items (CPI). In the case of the renewal 172
of a lease after the expiration of the original thirty-year term 173
under this subsection, each renewal shall be for a term of thirty 174
(30) years. The base rate to which the CPI shall apply for 175
purposes of executing the subsequent lease shall be negotiated by 176
the lessee with the Secretary of State. 177
(c) (i) Except as otherwise provided in this 178
paragraph, any person possessing a license under the Mississippi 179
Gaming Control Act who does not lease for a gaming site Public 180
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Trust Tidelands from the State * * * of Mississippi by and through 181
the Secretary of State or a state port, and who operates a gaming 182
establishment in any of the three (3) most southern counties of 183
the state, shall pay an annual in-lieu tidelands assessment to the 184
Public Trust Tidelands Assessments Fund (hereinafter referred to 185
as "fund") created in Section 29-15-10, in the amount and manner 186
provided for in this paragraph. 187
For calendar year 2006, the annual in-lieu tidelands 188
assessment paid by the licensee to the fund shall be: 189
1. Four Hundred Thousand Dollars 190
($400,000.00), if the capital investment in the part of the 191
structure in which licensed gaming activities are conducted is 192
Fifty Million Dollars ($50,000,000.00) or less. 193
2. Four Hundred Fifty Thousand Dollars 194
($450,000.00), if the capital investment in the part of the 195
structure in which licensed gaming activities are conducted is 196
equal to or more than Fifty Million Dollars ($50,000,000.00) but 197
less than Sixty Million Dollars ($60,000,000.00). 198
3. Five Hundred Thousand Dollars 199
($500,000.00), if the capital investment in the part of the 200
structure in which licensed gaming activities are conducted is 201
equal to or more than Sixty Million Dollars ($60,000,000.00) but 202
less than Seventy-five Million Dollars ($75,000,000.00). 203
4. Six Hundred Thousand Dollars 204
($600,000.00), if the capital investment in the part of the 205
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structure in which licensed gaming activities are conducted is 206
equal to or more than Seventy-five Million Dollars 207
($75,000,000.00) but less than One Hundred Million Dollars 208
($100,000,000.00). 209
5. Seven Hundred Thousand Dollars 210
($700,000.00), if the capital investment in the part of the 211
structure in which licensed gaming activities are conducted is 212
equal to or more than One Hundred Million Dollars 213
($100,000,000.00) but less than One Hundred Twenty-five Million 214
Dollars ($125,000,000.00). 215
6. Seven Hundred Fifty Thousand Dollars 216
($750,000.00), if the capital investment in the part of the 217
structure in which licensed gaming activities are conducted is 218
equal to or more than One Hundred Twenty-five Million Dollars 219
($125,000,000.00). 220
For each calendar year thereafter, the Secretary of State 221
shall review and adjust the value of the capital investment and 222
the annual in-lieu tidelands assessment due. Such review and 223
adjustment shall be tied to the CPI. 224
(ii) This paragraph shall not apply to a gaming 225
licensee if the licensee conducts gaming in a structure that is 226
located on property that is leased from the Mississippi State Port 227
at Gulfport or any political subdivision of the state, or to a 228
licensee who conducts gaming in a structure that is located on 229
property that is leased to the licensee jointly by the State of 230
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Mississippi and the City of Biloxi; however, with regard to 231
property owned by a political subdivision of the state, this 232
exception shall only apply to property owned by the political 233
subdivision on August 29, 2005, if legal gaming could have been 234
conducted on such property on that date. 235
(iii) This paragraph shall not apply to a gaming 236
licensee if the licensee conducts gaming in a structure that is 237
located on property that is not leased from the State of 238
Mississippi * * *, and is not on State Public Trust 239
Tidelands * * *. 240
SECTION 3. Section 29-15-1, Mississippi Code of 1972, is 241
amended as follows: 242
29-15-1. (a) "Commission" means the Mississippi Advisory 243
Commission on Marine Resources. 244
(b) "Local tidal datum" means the datum established for a 245
specific tide station through the use of tidal observations made 246
at that station. 247
(c) "Department" means the Mississippi Department of Marine 248
Resources. 249
( * * *d) "Mean high water" means the arithmetic mean of all 250
the high waters occurring in a particular nineteen-year tidal 251
epoch period; or for a shorter period of time after corrections 252
are applied to the short-term observations to reduce these values 253
to the equivalent nineteen-year value. 254
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( * * *e) "Mean high-water line" means the intersection of 255
the tidal datum plane of mean high water with the shore. 256
( * * *f) "Mean high-water survey" means a survey of the 257
intersection of the shoreline with the tidal datum plane of mean 258
high water using local tidal datums and surveying methodologies 259
approved by the commission. Methodologies shall include, but not 260
be limited to, the "staking method," "the topographic method" and 261
"tide coordinated aerial photography." 262
( * * *g) "National map accuracy standards" means a set of 263
guidelines published by the Office of Management and Budget of the 264
United States to which maps produced by the United States 265
government adhere. 266
(h) "Public Trust Tidelands" means those surface lands, 267
tidelands and submerged lands owned by the state and held in trust 268
for the citizens of the State of Mississippi. 269
(i) "Sand beach" means all areas of an artificial or 270
man-made sand beach constructed on Public Trust Tidelands 271
waterward of the public trust boundary represented by the natural 272
mean high-water line or toe of a structure referred to as a 273
seawall, retaining wall, or bulkhead, or other similar structure 274
used to prevent erosion of uplands or property landward of the 275
structure. 276
( * * *j) "Submerged lands" means lands which remain covered 277
by waters, where the tides ebb and flow, at ordinary low tides. 278
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( * * *k) "Tidelands" means those lands which are daily 279
covered and uncovered by water by the action of the tides, up to 280
the mean high-water line * * *. 281
SECTION 4. The following shall be codified as Section 282
29-15-2, Mississippi Code of 1972: 283
29-15-2. Legislative public policy. (l) It is declared 284
that the state-held tidelands subject to the public trust and the 285
boundary between trust lands and other lands are shown on the 286
Final Public Trust Tidelands Map and Public Trust Submerged Land 287
Maps, Final December 1994, created and published pursuant to 288
Section 29-15-7, as modified by any boundary agreements or court 289
orders. 290
(2) Absent clear, specific and expressed legislative intent 291
to grant management and administrative control and authority, 292
including leasing authority, of a specific area of Public Trust 293
Tidelands to a specific state agency or political subdivision, the 294
Secretary of State is not divested of management and 295
administrative control and authority, and leasing authority. 296
(3) All uses of Public Trust Tidelands for any gaming 297
purpose or purpose related to a gaming operation shall require a 298
Public Trust Tidelands lease from the state through the Secretary 299
of State as Trustee of the Public Trust Tidelands and shall be 300
subject to annual rent pursuant to Section 29-1-107. 301
(4) All previous or prior statutory provisions which affect 302
the Public Trust Tidelands shall be construed and interpreted 303
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subject to and consistent with the provisions contained in this 304
statute. 305
SECTION 5. Section 29-15-3, Mississippi Code of 1972, is 306
amended as follows: 307
29-15-3. (1) It is declared to be the public policy of this 308
state to favor the preservation of the natural state of the 309
state's Public Trust Tidelands and their ecosystems and to prevent 310
the despoliation and destruction of them, except where a specific 311
alteration of specific Public Trust Tidelands would serve a higher 312
public interest in compliance with the public purposes of the 313
public trust in which such tidelands are held. 314
(2) It is hereby declared to be a higher public purpose of 315
this state and the public tidelands trust to resolve the 316
uncertainty and disputes which have arisen as to the location of 317
the boundary between the state's Public Trust Tidelands and the 318
upland property and to confirm the mean high-water boundary line 319
as determined by the Mississippi Supreme Court, the laws of this 320
state and this chapter. 321
(3) It is hereby declared that Public Trust Tidelands held 322
by the state will be managed and administered by the Secretary of 323
State as the Land Commissioner and Trustee of the Public Trust 324
Tidelands. 325
SECTION 6. Section 29-15-5, Mississippi Code of 1972, is 326
amended as follows: 327
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29-15-5. (1) Tidelands and submerged lands are held by the 328
state in trust for use of all the people, and are so held in their 329
character as the beds and shores of the sea and its tidally 330
affected arms and tributaries for the purposes defined by common 331
law and statutory law. Littoral and riparian property owners have 332
common-law and statutory rights under the Coastal Wetlands 333
Protection Law which extend into the waters and beyond the low 334
tide line, and the state's responsibilities as trustee extends to 335
such owners as well as to the other members of the public. 336
(2) Residential property owners shall not be required to 337
obtain a Public Trust Tidelands lease from the state for 338
exercising their common-law and statutory littoral and riparian 339
rights attached to residential property for personal noncommercial 340
use. 341
SECTION 7. Section 29-15-9, Mississippi Code of 1972, is 342
amended as follows: 343
29-15-9. (1) There is created in the State Treasury a 344
special fund to be known as the "Public Trust Tidelands Fund." 345
The fund shall be administered by the Secretary of State as 346
trustee. 347
(2) Any funds derived from lease rentals of tidelands and 348
submerged lands, except those funds derived from mineral leases, 349
or funds previously specifically designated to be applied to other 350
agencies, shall be transferred to the special fund. * * * Funds 351
derived from lease rentals * * * shall be used to cover the 352
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administrative cost, including legal expenses, incurred by the 353
Secretary of State in administering the Public Trust Tidelands. 354
Any remaining funds derived from lease rentals shall then be 355
disbursed pro rata to the local taxing authorities for the 356
replacement of lost ad valorem taxes, if any. Then, any remaining 357
funds shall be disbursed to the * * * Department of Marine 358
Resources for new and extra programs of tidelands management, such 359
as conservation, reclamation, preservation, acquisition, education 360
or the enhancement of public access to the Public Trust Tidelands 361
or public improvement projects as they relate to those lands. 362
(3) Any funds that are appropriated as separate line items 363
in an appropriation bill for tideland programs or projects 364
authorized under this section for political subdivisions or other 365
agencies shall be disbursed as provided in this subsection. 366
(a) The Department of Marine Resources shall make 367
progress payments in installments based on the work completed and 368
material used in the performance of a tidelands project only after 369
receiving written verification from the political subdivision or 370
agency. The political subdivision or agency shall submit 371
verification of the work completed or materials in such detail and 372
form that the department may require. 373
(b) The Department of Marine Resources shall make funds 374
available for the purpose of using such funds as a match or 375
leverage for federal or other funds that are available for the 376
designated tidelands project. 377
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SECTION 8. Section 29-15-10, Mississippi Code of 1972, is 378
amended as follows: 379
29-15-10. (1) There is created in the State Treasury a 380
special fund to be known as the "Public Trust Tidelands 381
Assessments Fund." The purpose of the fund is to ensure that 382
monies derived from the Public Trust Tidelands assessments shall 383
be used for the benefit of preserving and protecting the tidelands 384
and submerged lands found within the three (3) most southern 385
counties of the state. One (1) specific purpose of the fund is to 386
ensure that the annual payment made by the state for the purchase 387
of Deer Island shall continue uninterrupted until the purchase 388
transaction is completed. The fund shall be administered by the 389
Secretary of State, as trustee. None of the funds that are in the 390
special fund or that are required to be deposited into the special 391
fund shall be transferred, diverted or in any other manner 392
expended or used for any purpose other than those purposes 393
specified in this section. 394
(2) (a) Any funds derived from assessments made pursuant to 395
Section 29-1-107(4)(c) shall be deposited into the special fund. 396
(b) Funds paid pursuant to paragraph (a) of this 397
subsection may be appropriated by the Legislature in an amount 398
necessary to cover the administrative cost incurred by the 399
Mississippi * * * Department of Marine Resources. Any remaining 400
funds shall be disbursed * * * to the * * * Department of Marine 401
Resources for new and extra programs of tidelands management, such 402
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as conservation, reclamation, preservation, acquisition, education 403
or the enhancement of public access to the Public Trust Tidelands 404
or public improvement projects as they relate to those lands. 405
(3) Any funds that are appropriated as separate line items 406
in an appropriation bill for tideland programs or projects 407
authorized under this section for political subdivisions or other 408
agencies shall be disbursed as provided in this subsection. 409
(a) The Department of Marine Resources shall make 410
progress payments in installments based on the work completed and 411
material used in the performance of a tidelands project only after 412
receiving written verification from the political subdivision or 413
agency. The political subdivision or agency shall submit 414
verification of the work completed or materials in such detail and 415
form that the department may require. 416
(b) The Department of Marine Resources shall make funds 417
available for the purpose of using such funds as a match or 418
leverage for federal or other funds that are available for the 419
designated tidelands project. 420
SECTION 9. Section 29-15-13, Mississippi Code of 1972, is 421
amended as follows: 422
29-15-13. (1) All public projects of any federal, state or 423
local governmental entity which serve a higher public purpose of 424
promoting the conservation, reclamation, preservation of the 425
tidelands and submerged lands, public use for fishing, recreation 426
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navigation, or the enhancement of public access to such lands 427
shall be exempt from any use or rental fees. 428
(2) The federal, state or local governmental entity, 429
including counties and municipalities, shall not lease, sublease, 430
rent, or provide access for any gaming purpose or purpose related 431
to a gaming operation. 432
SECTION 10. Section 59-7-405, Mississippi Code of 1972, is 433
amended as follows: 434
59-7-405. (1) (a) The governing authorities of any 435
municipality in which there is situated and located, in whole or 436
in part, a port or harbor through which commerce flows, and having 437
not less than eight (8) industries engaged in the seafood 438
industry, which maintains a channel and/or harbor to a depth of 439
not less than eight (8) feet, may engage in, either directly or 440
through the commission hereinafter provided and designated, and 441
such other agencies as hereafter may be provided by law, works of 442
internal improvement, or promoting, developing, constructing, 443
maintaining and operating harbors or seaports within the state and 444
its jurisdiction, and either directly or through the commission 445
hereinafter provided for, with the power and authority to acquire, 446
purchase, install, rent, lease, mortgage and/or otherwise 447
encumber, to construct, own, hold, maintain, equip, use, control 448
and operate at seaports or harbors, wharves, piers, docks, 449
warehouses, cold storage facilities, water and rail terminals, 450
airplane landing fields and strips, and other structures and 451
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facilities, needful for the convenient use of the same in the aid 452
of commerce and navigation, and including the dredging of channels 453
and approaches to the facilities, and being authorized to fill 454
in * * * bottomlands where incidental and necessary to the 455
foregoing development. 456
(b) A municipality, which is operating a port through a 457
port commission under this section, may dissolve the port 458
commission as provided in Section 59-7-408 and directly operate 459
and maintain the port as provided under this article. 460
(2) The municipal authorities or commission, in connection 461
with the exercise of the foregoing works of improvement and 462
development, may as an adjunct to any such work of improvement or 463
development to erect or construct such bridges, causeways or 464
structures as may be required for access to and from the harbors 465
or facilities provided as aforesaid by the municipal authorities 466
or the commission, and including any necessary bridge or causeway 467
or combination of the same, connecting with any island or islands 468
lying within three (3) leagues of the main shoreline of the 469
Mississippi Sound or the Gulf of Mexico, and whether the same be 470
within or without the limits of the municipality concerned. 471
(3) The municipal authorities or commission may procure, by 472
gift, grant, purchase, or by the exercise of eminent domain, and 473
for the public purposes and uses herein provided for, such land or 474
interest therein as may be required for the purposes of this 475
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article, and regardless of whether the land be within or without 476
the limits of the municipality involved. 477
(4) The municipal authorities or commission, in the exercise 478
of the powers granted hereunder, may provide any of the aforesaid 479
facilities alone or in collaboration and in conjunction with any 480
other public bodies, entities or commissions, as may now or 481
hereafter be established by law. 482
(5) The municipal authorities or commission may provide, 483
among other harbor facilities, small craft and pleasure craft 484
harbors and facilities needed therefor, including park and 485
recreational facilities as an adjunct thereto, and in order to 486
develop and promote tourist and recreational trade in the port. 487
(6) The municipal authorities or commission have the power 488
and authority to carry out the provisions of this article, to 489
employ engineers, attorneys, and such employees as may be 490
necessary in carrying out the provisions of this article, from 491
time to time, and for the purpose of operating the facilities 492
herein provided for, and may prescribe reasonable compensation in 493
connection with such employment. 494
(7) The municipal authorities or commission shall not lease, 495
sublease, rent, or provide access for any gaming purpose or 496
purpose related to a gaming operation. 497
SECTION 11. Section 59-15-1, Mississippi Code of 1972, is 498
amended as follows: 499
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59-15-1. The authorities of any city in this state which has 500
a population of ten thousand (10,000) or more, according to the 501
last official government census, and the authorities of any 502
municipality bordering on the Mississippi Sound or Gulf of Mexico 503
are hereby given the authority to acquire by purchase, deed, 504
donation, gift, grant, reclamation, lease, dedication, or 505
otherwise, land, harbor sites or water frontage for the purpose of 506
establishing, developing, promoting, maintaining, and operating 507
harbors for small water crafts and recreational parks connected 508
therewith within its territorial limits, or both, and shall have 509
the power to acquire, purchase, install, rent, lease, mortgage, 510
incumber, construct, own, hold, maintain, equip, use, control and 511
operate recreational parks and harbors for small water craft. The 512
municipal authorities or commission shall not lease, sublease, 513
rent, or provide access for any gaming purpose or purpose related 514
to a gaming operation. 515
SECTION 12. Section 75-76-67, Mississippi Code of 1972, is 516
amended as follows: 517
75-76-67. (1) Any person who the commission determines is 518
qualified to receive a license or be found suitable under the 519
provisions of this chapter, having due consideration for the 520
proper protection of the health, safety, morals, good order and 521
general welfare of the inhabitants of the State of Mississippi and 522
the declared policy of this state, may be issued a state gaming 523
license or found suitable. The burden of proving his 524
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qualification to receive any license or be found suitable is on 525
the applicant. 526
(2) An application to receive a license or be found suitable 527
shall not be granted unless the commission is satisfied that the 528
applicant is: 529
(a) A person of good character, honesty and integrity; 530
(b) A person whose prior activities, criminal record, 531
if any, reputation, habits and associations do not pose a threat 532
to the public interest of this state or to the effective 533
regulation and control of gaming, or create or enhance the dangers 534
of unsuitable, unfair or illegal practices, methods and activities 535
in the conduct of gaming or the carrying on of the business and 536
financial arrangements incidental thereto; and 537
(c) In all other respects qualified to be licensed or 538
found suitable consistent with the declared laws of the state. 539
(3) No person shall be granted a license or found suitable 540
under the provisions of this chapter who has been convicted of a 541
felony in any court of this state, another state, or the United 542
States; and no person shall be granted a license or found suitable 543
hereunder who has been convicted of a crime in any court of 544
another state or the United States which, if committed in this 545
state, would be a felony; and no person shall be granted a license 546
or found suitable under the provisions of this chapter who has 547
been convicted of a misdemeanor in any court of this state or of 548
another state, when such conviction was for gambling, sale of 549
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alcoholic beverages to minors, prostitution, or procuring or 550
inducing individuals to engage in prostitution. 551
(4) A license to operate a gaming establishment shall not be 552
granted unless the applicant has satisfied the commission that: 553
(a) He has adequate business probity, competence and 554
experience, in gaming or generally; * * * 555
(b) The proposed financing of the entire operation is: 556
(i) Adequate for the nature of the proposed 557
operation; and 558
(ii) From a suitable source. Any lender or other 559
source of money or credit which the commission finds does not meet 560
the standards set forth in subsection (2) may be deemed 561
unsuitable * * *; 562
(c) Other than with respect to a licensee who has been 563
licensed by the commission prior to December 31, 2023, or to such 564
licensee upon any licensing renewal after such date, a proposed 565
project shall meet, at a minimum, the following: 566
(i) A parking facility in close proximity to the 567
casino complex to accommodate a minimum of five hundred (500) 568
cars; 569
(ii) A hotel with a minimum of three hundred (300) 570
rooms; 571
(iii) A restaurant capable of seating at least two 572
hundred (200) people; 573
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(iv) A fine dining establishment capable of 574
seating at least seventy-five (75) people; 575
(v) A casino floor of at least forty thousand 576
(40,000) square feet; and 577
(vi) An amenity unique to the licensee's market in 578
order to encourage economic development and promote tourism; and 579
(d) The commission shall not adopt any rule or 580
regulation that would reduce the requirements in paragraph (c) of 581
this subsection; however, the commission may exercise discretion 582
with respect to such requirements as to proposed projects if 583
located in a gaming market along the Mississippi River; but, in 584
all other areas where a project is proposed to be located, these 585
shall be deemed minimum requirements. 586
(5) An application to receive a license or be found suitable 587
constitutes a request for a determination of the applicant's 588
general character, integrity and ability to participate or engage 589
in, or be associated with gaming. Any written or oral statement 590
made in the course of an official proceeding of the commission or 591
the executive director or any witness testifying under oath which 592
is relevant to the purpose of the proceeding is absolutely 593
privileged and does not impose liability for defamation or 594
constitute a ground for recovery in any civil action. 595
(6) The commission may, in its discretion, grant a license 596
to a corporation which has complied with the provisions of this 597
chapter. 598
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(7) The commission may, in its discretion, grant a license 599
to a limited partnership which has complied with the provisions of 600
this chapter. 601
(8) No limited partnership, except one whose sole limited 602
partner is a publicly traded corporation which has registered with 603
the commission, or business trust or organization or other 604
association of a quasi-corporate character is eligible to receive 605
or hold any license under this chapter unless all persons having 606
any direct or indirect interest therein of any nature whatsoever, 607
whether financial, administrative, policymaking or supervisory, 608
are individually qualified to be licensed under the provisions of 609
this chapter. 610
(9) The commission may, by regulation, limit the number of 611
persons who may be financially interested and the nature of their 612
interest in any corporation or other organization or association 613
licensed under this chapter, and may establish such other 614
qualifications of licenses as the commission, in its discretion, 615
deems to be in the public interest and consistent with the 616
declared policy of the state. 617
SECTION 13. Section 87-1-5, Mississippi Code of 1972, is 618
amended as follows: 619
87-1-5. If any person, by playing at any game whatever, or 620
by betting on the sides or hands of such as do play at any game, 621
or by betting on any horse race or cockfight, or at any other 622
sport or pastime, or by any wager whatever, shall lose any money, 623
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property, or other valuable thing, real or personal, and shall pay 624
or deliver the same or any part thereof, the person so losing and 625
paying or delivering the same, or his wife or children, may sue 626
for and recover such money, property, or other valuable thing so 627
lost and paid or delivered, or any part thereof, from the person 628
knowingly receiving the same, with costs. However, this section 629
shall not apply to betting, gaming or wagering: 630
(a) On a cruise vessel as defined in Section 27-109-1 631
whenever such vessel is in the waters within the State of 632
Mississippi, which lie adjacent to the State of Mississippi south 633
of the three (3) most southern counties in the State of 634
Mississippi, including the Mississippi Sound, St. Louis Bay, 635
Biloxi Bay and Pascagoula Bay; 636
(b) In a structure located in whole or in part on shore 637
in any of the three (3) most southern counties in the State of 638
Mississippi in which the registered voters of the county have 639
voted to allow such betting, gaming or wagering on cruise vessels 640
as provided in Section 19-3-79, if: 641
(i) The structure is owned, leased or controlled 642
by a person possessing a gaming license, as defined in Section 643
75-76-5, to conduct legal gaming * * *; 644
(ii) The part of the structure in which licensed 645
gaming activities are conducted is located entirely in an area 646
which is located no more than eight hundred (800) feet from the 647
mean high-water line (as defined in Section 29-15-1) of the waters 648
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within the State of Mississippi, which lie adjacent to the State 649
of Mississippi south of the three (3) most southern counties in 650
the State of Mississippi, including the Mississippi Sound, St. 651
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 652
Mississippi Sound at Harrison County only, no farther north than 653
the southern boundary of the right-of-way for U.S. Highway 90, 654
whichever is greater; and in determining the distance to the mean 655
high-water line, the following considerations apply to any 656
application for site approval after December 31, 2023, whether an 657
initial or renewal application: 658
1. Rights-of-way and easements for public 659
streets and highways shall not be construed to interrupt the 660
contiguous nature of a parcel of property, nor shall the footage 661
contained within such easements and rights-of-way be considered in 662
the calculation of the distances specified in subparagraph (ii) of 663
this paragraph; and 664
2. An imaginary line drawn from any point 665
along the mean high-water line referenced and utilized pursuant to 666
subparagraph (ii) of this paragraph to any other point of 667
reference must cross only property under the exclusive use and 668
control of the gaming licensee or proposed licensee based on its 669
ownership or lease thereof, except for rights-of-way and easements 670
for public streets and highways; and 671
(iii) In the case of a structure that is located 672
in whole or part on shore, the part of the structure in which 673
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licensed gaming activities are conducted shall * * * be located on 674
property entirely under the exclusive use and control of the 675
proposed licensee based on its ownership or lease thereof that 676
extends from the gaming floor to the mean high-water line and such 677
land is capable of accommodating the minimum improvement 678
requirements set forth in Section 75-76-67(4); 679
(c) On a vessel as defined in Section 27-109-1 whenever 680
such vessel is on the Mississippi River or navigable waters within 681
any county bordering on the Mississippi River; or 682
(d) That is legal under the laws of the State of 683
Mississippi. 684
SECTION 14. Section 97-33-1, Mississippi Code of 1972, is 685
amended as follows: 686
97-33-1. Except as otherwise provided in Section 97-33-8, if 687
any person shall encourage, promote or play at any game, play or 688
amusement, other than a fight or fighting match between dogs, for 689
money or other valuable thing, or shall wager or bet, promote or 690
encourage the wagering or betting of any money or other valuable 691
things, upon any game, play, amusement, cockfight, Indian ball 692
play or duel, other than a fight or fighting match between dogs, 693
or upon the result of any election, event or contingency whatever, 694
upon conviction thereof, he shall be fined in a sum not more than 695
Five Hundred Dollars ($500.00); and, unless such fine and costs be 696
immediately paid, shall be imprisoned for any period not more than 697
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ninety (90) days. However, this section shall not apply to 698
betting, gaming or wagering: 699
(a) On a cruise vessel as defined in Section 27-109-1 700
whenever such vessel is in the waters within the State of 701
Mississippi, which lie adjacent to the State of Mississippi south 702
of the three (3) most southern counties in the State of 703
Mississippi, including the Mississippi Sound, St. Louis Bay, 704
Biloxi Bay and Pascagoula Bay, and in which the registered voters 705
of the county in which the port is located have not voted to 706
prohibit such betting, gaming or wagering on cruise vessels as 707
provided in Section 19-3-79; 708
(b) In a structure located, in whole or in part, on 709
shore in any of the three (3) most southern counties in the State 710
of Mississippi in which the registered voters of the county have 711
voted to allow such betting, gaming or wagering on cruise vessels 712
as provided in Section 19-3-79, if: 713
(i) The structure is owned, leased or controlled 714
by a person possessing a gaming license, as defined in Section 715
75-76-5, to conduct legal gaming * * *; 716
(ii) The part of the structure in which licensed 717
gaming activities are conducted is located entirely in an area 718
which is located no more than eight hundred (800) feet from the 719
mean high-water line (as defined in Section 29-15-1) of the waters 720
within the State of Mississippi, which lie adjacent to the State 721
of Mississippi south of the three (3) most southern counties in 722
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the State of Mississippi, including the Mississippi Sound, St. 723
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 724
Mississippi Sound at Harrison County only, no farther north than 725
the southern boundary of the right-of-way for U.S. Highway 90, 726
whichever is greater; and in determining the distance to the mean 727
high-water line, the following considerations apply to any 728
application for site approval after December 31, 2023, whether an 729
initial or renewal application: 730
1. Rights-of-way and easements for public 731
streets and highways shall not be construed to interrupt the 732
contiguous nature of a parcel of property, nor shall the footage 733
contained within such easements and rights-of-way be considered in 734
the calculation of the distances specified in subparagraph (ii) of 735
this paragraph; and 736
2. An imaginary line drawn from any point 737
along the mean high-water line referenced and utilized pursuant to 738
subparagraph (ii) of this paragraph to any other point of 739
reference must cross only property under the exclusive use and 740
control of the gaming licensee or proposed licensee based on its 741
ownership or lease thereof, except for rights-of-way and easements 742
for public streets and highways; and 743
(iii) In the case of a structure that is located 744
in whole or part on shore, the part of the structure in which 745
licensed gaming activities are conducted shall * * * be located on 746
property entirely under the exclusive use and control of the 747
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gaming licensee or proposed licensee based on its ownership or 748
lease thereof that extends from the gaming floor to the mean 749
high-water line and such land is capable of accommodating the 750
minimum improvement requirements set forth in Section 75-76-67(4); 751
(c) On a vessel as defined in Section 27-109-1 whenever 752
such vessel is on the Mississippi River or navigable waters within 753
any county bordering on the Mississippi River, and in which the 754
registered voters of the county in which the port is located have 755
not voted to prohibit such betting, gaming or wagering on vessels 756
as provided in Section 19-3-79; or 757
(d) That is legal under the laws of the State of 758
Mississippi. 759
SECTION 15. Section 97-33-7, Mississippi Code of 1972, is 760
amended as follows: 761
97-33-7. (1) Except as otherwise provided in Section 762
97-33-8, it shall be unlawful for any person or persons, firm, 763
copartnership or corporation to have in possession, own, control, 764
display, or operate any cane rack, knife rack, artful dodger, 765
punch board, roll down, merchandise wheel, slot machine, pinball 766
machine, or similar device or devices. Provided, however, that 767
this section shall not be so construed as to make unlawful the 768
ownership, possession, control, display or operation of any 769
antique coin machine as defined in Section 27-27-12, or any music 770
machine or bona fide automatic vending machine where the purchaser 771
receives exactly the same quantity of merchandise on each 772
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operation of said machine. Any slot machine other than an antique 773
coin machine as defined in Section 27-27-12 which delivers, or is 774
so constructed as that by operation thereof it will deliver to the 775
operator thereof anything of value in varying quantities, in 776
addition to the merchandise received, and any slot machine other 777
than an antique coin machine as defined in Section 27-27-12 that 778
is constructed in such manner as that slugs, tokens, coins or 779
similar devices are, or may be, used and delivered to the operator 780
thereof in addition to merchandise of any sort contained in such 781
machine, is hereby declared to be a gambling device, and shall be 782
deemed unlawful under the provisions of this section. Provided, 783
however, that pinball machines which do not return to the operator 784
or player thereof anything but free additional games or plays 785
shall not be deemed to be gambling devices, and neither this 786
section nor any other law shall be construed to prohibit same. 787
(2) No property right shall exist in any person, natural or 788
artificial, or be vested in such person, in any or all of the 789
devices described herein that are not exempted from the provisions 790
of this section; and all such devices are hereby declared to be at 791
all times subject to confiscation and destruction, and their 792
possession shall be unlawful, except when in the possession of 793
officers carrying out the provisions of this section. It shall be 794
the duty of all law enforcing officers to seize and immediately 795
destroy all such machines and devices. 796
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(3) A first violation of the provisions of this section 797
shall be deemed a misdemeanor, and the party offending shall, upon 798
conviction, be fined in any sum not exceeding Five Hundred Dollars 799
($500.00), or imprisoned not exceeding three (3) months, or both, 800
in the discretion of the court. In the event of a second 801
conviction for a violation of any of the provisions of this 802
section, the party offending shall be subject to a sentence of not 803
less than six (6) months in the county jail, nor more than two (2) 804
years in the State Penitentiary, in the discretion of the trial 805
court. 806
(4) Notwithstanding any provision of this section to the 807
contrary, it shall not be unlawful to operate any equipment or 808
device described in subsection (1) of this section or any gaming, 809
gambling or similar device or devices by whatever name called 810
while: 811
(a) On a cruise vessel as defined in Section 27-109-1 812
whenever such vessel is in the waters within the State of 813
Mississippi, which lie adjacent to the State of Mississippi south 814
of the three (3) most southern counties in the State of 815
Mississippi, including the Mississippi Sound, St. Louis Bay, 816
Biloxi Bay and Pascagoula Bay, and in which the registered voters 817
of the county in which the port is located have not voted to 818
prohibit such betting, gaming or wagering on cruise vessels as 819
provided in Section 19-3-79; 820
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(b) In a structure located, in whole or in part, on 821
shore in any of the three (3) most southern counties in the State 822
of Mississippi in which the registered voters of the county have 823
voted to allow such betting, gaming or wagering on cruise vessels 824
as provided in Section 19-3-79, if: 825
(i) The structure is owned, leased or controlled 826
by a person possessing a gaming license, as defined in Section 827
75-76-5, to conduct legal gaming * * *; 828
(ii) The part of the structure in which licensed 829
gaming activities are conducted is located entirely in an area 830
which is located no more than eight hundred (800) feet from the 831
mean high-water line (as defined in Section 29-15-1) of the waters 832
within the State of Mississippi, which lie adjacent to the State 833
of Mississippi south of the three (3) most southern counties in 834
the State of Mississippi, including the Mississippi Sound, St. 835
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 836
Mississippi Sound at Harrison County only, no farther north than 837
the southern boundary of the right-of-way for U.S. Highway 90, 838
whichever is greater; and in determining the distance to the mean 839
high-water line, the following considerations apply to any 840
application for site approval after December 31, 2023, whether an 841
initial or renewal application: 842
1. Rights-of-way and easements for public 843
streets and highways shall not be construed to interrupt the 844
contiguous nature of a parcel of property, nor shall the footage 845
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contained within such easements and rights-of-way be considered in 846
the calculation of the distances specified in subparagraph (ii) of 847
this paragraph; and 848
2. An imaginary line drawn from any point 849
along the mean high-water line referenced and utilized pursuant to 850
subparagraph (ii) of this paragraph to any other point of 851
reference must cross only property under the exclusive use and 852
control of the gaming licensee or proposed licensee based on its 853
ownership or lease thereof, except for rights-of-way and easements 854
for public streets and highways; and 855
(iii) In the case of a structure that is located 856
in whole or part on shore, the part of the structure in which 857
licensed gaming activities are conducted shall * * * be located on 858
property entirely under the exclusive use and control of the 859
gaming licensee or proposed licensee based on its ownership or 860
lease thereof that extends from the gaming floor to the mean 861
high-water line and such land is capable of accommodating the 862
minimum improvement requirements set forth in Section 75-76-67(4); 863
(c) On a vessel as defined in Section 27-109-1 whenever 864
such vessel is on the Mississippi River or navigable waters within 865
any county bordering on the Mississippi River, and in which the 866
registered voters of the county in which the port is located have 867
not voted to prohibit such betting, gaming or wagering on vessels 868
as provided in Section 19-3-79; or 869
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(d) That is legal under the laws of the State of 870
Mississippi. 871
(5) Notwithstanding any provision of this section to the 872
contrary, it shall not be unlawful (a) to own, possess, repair or 873
control any gambling device, machine or equipment in a licensed 874
gaming establishment or on the business premises appurtenant to 875
any such licensed gaming establishment during any period of time 876
in which such licensed gaming establishment is being constructed, 877
repaired, maintained or operated in this state; (b) to install any 878
gambling device, machine or equipment in any licensed gaming 879
establishment; (c) to possess or control any gambling device, 880
machine or equipment during the process of procuring or 881
transporting such device, machine or equipment for installation on 882
any such licensed gaming establishment; or (d) to store in a 883
warehouse or other storage facility any gambling device, machine, 884
equipment, or part thereof, regardless of whether the county or 885
municipality in which the warehouse or storage facility is located 886
has approved gaming aboard cruise vessels or vessels, provided 887
that such device, machine or equipment is operated only in a 888
county or municipality that has approved gaming aboard cruise 889
vessels or vessels. Any gambling device, machine or equipment 890
that is owned, possessed, controlled, installed, procured, 891
repaired, transported or stored in accordance with this subsection 892
shall not be subject to confiscation, seizure or destruction, and 893
any person, firm, partnership or corporation which owns, 894
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possesses, controls, installs, procures, repairs, transports or 895
stores any gambling device, machine or equipment in accordance 896
with this subsection shall not be subject to any prosecution or 897
penalty under this section. Any person constructing or repairing 898
such cruise vessels or vessels within a municipality shall comply 899
with all municipal ordinances protecting the general health or 900
safety of the residents of the municipality. 901
SECTION 16. Section 97-33-17, Mississippi Code of 1972, is 902
amended as follows: 903
97-33-17. (1) All monies exhibited for the purpose of 904
betting or alluring persons to bet at any game, and all monies 905
staked or betted, shall be liable to seizure by any sheriff, 906
constable, or police officer, together with all the appliances 907
used or kept for use in gambling, or by any other person; and all 908
the monies so seized shall be accounted for by the person making 909
the seizure, and all appliances seized shall be destroyed; 910
provided, however, this section shall not apply to betting, gaming 911
or wagering on: 912
(a) A cruise vessel as defined in Section 27-109-1 913
whenever such vessel is in the waters within the State of 914
Mississippi, which lie adjacent to the State of Mississippi south 915
of the three (3) most southern counties in the State of 916
Mississippi, including the Mississippi Sound, St. Louis Bay, 917
Biloxi Bay and Pascagoula Bay, and in which the registered voters 918
of the county in which the port is located have not voted to 919
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prohibit such betting, gaming or wagering on cruise vessels as 920
provided in Section 19-3-79; 921
(b) In a structure located in whole or in part on shore 922
in any of the three (3) most southern counties in the State of 923
Mississippi in which the registered voters of the county have 924
voted to allow such betting, gaming or wagering on cruise vessels 925
as provided in Section 19-3-79, if: 926
(i) The structure is owned, leased or controlled 927
by a person possessing a gaming license, as defined in Section 928
75-76-5, to conduct legal gaming * * *; 929
(ii) The part of the structure in which licensed 930
gaming activities are conducted is located entirely in an area 931
which is located no more than eight hundred (800) feet from the 932
mean high-water line (as defined in Section 29-15-1) of the waters 933
within the State of Mississippi, which lie adjacent to the State 934
of Mississippi south of the three (3) most southern counties in 935
the State of Mississippi, including the Mississippi Sound, St. 936
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 937
Mississippi Sound at Harrison County only, no farther north than 938
the southern boundary of the right-of-way for U.S. Highway 90, 939
whichever is greater; and in determining the distance to the mean 940
high-water line, the following considerations apply to any 941
application for site approval after December 31, 2023, whether an 942
initial or renewal application: 943
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 39 (rdd\kr)

1. Rights-of-way and easements for public 944
streets and highways shall not be construed to interrupt the 945
contiguous nature of a parcel of property, nor shall the footage 946
contained within such easements and rights-of-way be counted in 947
the calculation of the distances specified in subparagraph (ii) of 948
this paragraph; and 949
2. An imaginary line drawn from any point 950
along the mean high-water line referenced and utilized pursuant to 951
subparagraph (ii) of this paragraph to any other point of 952
reference must cross only property under the exclusive use and 953
control of the gaming licensee or proposed licensee based on its 954
ownership or lease thereof, except for rights-of-way and easements 955
for public streets and highways; and 956
(iii) In the case of a structure that is located 957
in whole or part on shore, the part of the structure in which 958
licensed gaming activities are conducted shall * * * be located on 959
property entirely under the exclusive use and control of the 960
gaming licensee or proposed licensee based on its ownership or 961
lease thereof that extends from the gaming floor to the mean 962
high-water line and such land is capable of accommodating the 963
minimum improvement requirements set forth in Section 75-76-67(4); 964
(c) A vessel as defined in Section 27-109-1 whenever 965
such vessel is on the Mississippi River or navigable waters within 966
any county bordering on the Mississippi River, and in which the 967
registered voters of the county in which the port is located have 968
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 40 (rdd\kr)

not voted to prohibit such betting, gaming or wagering on vessels 969
as provided in Section 19-3-79; or 970
(d) That is legal under the laws of the State of 971
Mississippi. 972
(2) Nothing in this section shall apply to any gambling 973
device, machine or equipment that is owned, possessed, controlled, 974
installed, procured, repaired or transported in accordance with 975
subsection (4) of Section 97-33-7. 976
SECTION 17. Section 97-33-25, Mississippi Code of 1972, is 977
amended as follows: 978
97-33-25. If any person shall sell or buy, either directly 979
or indirectly, any chance in what is commonly called pool, upon 980
any event whatever, or shall in any manner engage in such business 981
or pastime, he shall be fined not more than Five Hundred Dollars 982
($500.00) or shall be imprisoned in the county jail not more than 983
ninety (90) days; provided, however, this section shall not apply 984
to betting, gaming or wagering: 985
(a) On a cruise vessel as defined in Section 27-109-1 986
whenever such vessel is in the waters within the State of 987
Mississippi, which lie adjacent to the State of Mississippi south 988
of the three (3) most southern counties in the State of 989
Mississippi, including the Mississippi Sound, St. Louis Bay, 990
Biloxi Bay and Pascagoula Bay, and in which the registered voters 991
of the county in which the port is located have not voted to 992
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 41 (rdd\kr)

prohibit such betting, gaming or wagering on cruise vessels as 993
provided in Section 19-3-79; 994
(b) In a structure located in whole or in part on shore 995
in any of the three (3) most southern counties in the State of 996
Mississippi in which the registered voters of the county have 997
voted to allow such betting, gaming or wagering on cruise vessels 998
as provided in Section 19-3-79, if: 999
(i) The structure is owned, leased or controlled 1000
by a person possessing a gaming license, as defined in Section 1001
75-76-5, to conduct legal gaming * * *; 1002
(ii) The part of the structure in which licensed 1003
gaming activities are conducted is located entirely in an area 1004
which is located no more than eight hundred (800) feet from the 1005
mean high-water line (as defined in Section 29-15-1) of the waters 1006
within the State of Mississippi, which lie adjacent to the State 1007
of Mississippi south of the three (3) most southern counties in 1008
the State of Mississippi, including the Mississippi Sound, St. 1009
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1010
Mississippi Sound at Harrison County only, no farther north than 1011
the southern boundary of the right-of-way for U.S. Highway 90, 1012
whichever is greater; and in determining the distance to the mean 1013
high-water line, the following considerations apply to any 1014
application for site approval after December 31, 2023, whether an 1015
initial or renewal application: 1016
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 42 (rdd\kr)

1. Rights-of-way and easements for public 1017
streets and highways shall not be construed to interrupt the 1018
contiguous nature of a parcel of property, nor shall the footage 1019
contained within such easements and rights-of-way be considered in 1020
the calculation of the distances specified in subparagraph (ii) of 1021
this paragraph; and 1022
2. An imaginary line drawn from any point 1023
along the mean high-water line referenced and utilized pursuant to 1024
subparagraph (ii) of this paragraph to any other point of 1025
reference must cross only property under the exclusive use and 1026
control of the gaming licensee or proposed licensee based on its 1027
ownership or lease thereof, except for rights-of-way and easements 1028
for public streets and highways; and 1029
(iii) In the case of a structure that is located 1030
in whole or part on shore, the part of the structure in which 1031
licensed gaming activities are conducted shall * * * be located on 1032
property entirely under the exclusive use and control of the 1033
gaming licensee or proposed licensee based on its ownership or 1034
lease thereof that extends from the gaming floor to the mean 1035
high-water line and such land is capable of accommodating the 1036
minimum improvement requirements set forth in Section 75-76-67(4); 1037
(c) On a vessel as defined in Section 27-109-1 whenever 1038
such vessel is on the Mississippi River or navigable waters within 1039
any county bordering on the Mississippi River, and in which the 1040
registered voters of the county in which the port is located have 1041
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 43 (rdd\kr)

not voted to prohibit such betting, gaming or wagering on vessels 1042
as provided in Section 19-3-79; or 1043
(d) That is legal under the laws of the State of 1044
Mississippi. 1045
SECTION 18. Section 97-33-27, Mississippi Code of 1972, is 1046
amended as follows: 1047
97-33-27. If any person shall bet on a horse race or a yacht 1048
race or on a shooting match, he shall be fined not more than Five 1049
Hundred Dollars ($500.00), and, unless the fine and costs be 1050
immediately paid, he shall be imprisoned in the county jail not 1051
more than ninety (90) days; provided, however, this section shall 1052
not apply to betting, gaming or wagering: 1053
(a) On a cruise vessel as defined in Section 27-109-1 1054
whenever such vessel is in the waters within the State of 1055
Mississippi, which lie adjacent to the State of Mississippi south 1056
of the three (3) most southern counties in the State of 1057
Mississippi, including the Mississippi Sound, St. Louis Bay, 1058
Biloxi Bay and Pascagoula Bay, and in which the registered voters 1059
of the county in which the port is located have not voted to 1060
prohibit such betting, gaming or wagering on cruise vessels as 1061
provided in Section 19-3-79; 1062
(b) In a structure located in whole or in part on shore 1063
in any of the three (3) most southern counties in the State of 1064
Mississippi in which the registered voters of the county have 1065
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 44 (rdd\kr)

voted to allow such betting, gaming or wagering on cruise vessels 1066
as provided in Section 19-3-79, if: 1067
(i) The structure is owned, leased or controlled 1068
by a person possessing a gaming license, as defined in Section 1069
75-76-5, to conduct legal gaming * * *; 1070
(ii) The part of the structure in which licensed 1071
gaming activities are conducted is located entirely in an area 1072
which is located no more than eight hundred (800) feet from the 1073
mean high-water line (as defined in Section 29-15-1) of the waters 1074
within the State of Mississippi, which lie adjacent to the State 1075
of Mississippi south of the three (3) most southern counties in 1076
the State of Mississippi, including the Mississippi Sound, St. 1077
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1078
Mississippi Sound at Harrison County only, no farther north than 1079
the southern boundary of the right-of-way for U.S. Highway 90, 1080
whichever is greater; and in determining the distance to the mean 1081
high-water line, the following considerations apply to any 1082
application for site approval after December 31, 2023, whether an 1083
initial or renewal application: 1084
1. Rights-of-way and easements for public 1085
streets and highways shall not be construed to interrupt the 1086
contiguous nature of a parcel of property, nor shall the footage 1087
contained within such easements and rights-of-way be considered in 1088
the calculation of the distances specified in subparagraph (ii) of 1089
this paragraph; and 1090
S. B. No. 2396 *SS26/R542* ~ OFFICIAL ~
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PAGE 45 (rdd\kr)
ST: Authority of Secretary of State to approve
leases located on Public Trust Tidelands;
clarify.
2. An imaginary line drawn from any point 1091
along the mean high-water line referenced and utilized pursuant to 1092
subparagraph (ii) of this paragraph to any other point of 1093
reference must cross only property under the exclusive use and 1094
control of the gaming licensee or proposed licensee based on its 1095
ownership or lease thereof, except for rights-of-way and easements 1096
for public streets and highways; and 1097
(iii) In the case of a structure that is located 1098
in whole or part on shore, the part of the structure in which 1099
licensed gaming activities are conducted shall * * * be located on 1100
property entirely under the exclusive use and control of the 1101
gaming licensee or proposed licensee based on its ownership or 1102
lease thereof that extends from the gaming floor to the mean 1103
high-water line and such land is capable of accommodating the 1104
minimum improvement requirements set forth in Section 75-76-67(4); 1105
(c) On a vessel as defined in Section 27-109-1 whenever 1106
such vessel is on the Mississippi River or navigable waters within 1107
any county bordering on the Mississippi River, and in which the 1108
registered voters of the county in which the port is located have 1109
not voted to prohibit such betting, gaming or wagering on vessels 1110
as provided in Section 19-3-79; or 1111
(d) That is legal under the laws of the State of 1112
Mississippi. 1113
SECTION 19. This act shall take effect and be in force from 1114
and after July 1, 2026. 1115