Authority of Secretary of State to approve leases 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. 2397

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
29-1-107, 29-15-1, 29-15-3, 29-15-5, 29-15-9 AND 29-15-13, 4
MISSISSIPPI CODE OF 1972, AND TO CODIFY SECTION 29-15-2, 5
MISSISSIPPI CODE OF 1972, TO DECLARE LEGISLATIVE INTENT RELATIVE 6
TO PUBLIC TRUST TIDELANDS, TO CLARIFY THE REQUIREMENT OF A 7
SEPARATE LEASE FROM THE SECRETARY OF STATE TO RENT LAND ON PUBLIC 8
TRUST TIDELANDS PROPERTY, TO CLARIFY THAT THE LEASE NEEDED TO MOVE 9
ON SHORE IS ONE WITH THE STATE OR THE STATE PORT AT GULFPORT, TO 10
REVISE DEFINITIONS, TO PROVIDE THAT STATE-HELD TIDELANDS SUBJECT 11
TO PUBLIC TRUST ARE PRESCRIBED IN TIDELANDS MAPS AND BOUNDARY 12
AGREEMENTS AND COURT ORDERS CONFIRMING THE MAPS, TO CONFIRM ALL 13
AUTHORITY OVER TIDELANDS IN THE STATE UNLESS SPECIFICALLY SEVERED 14
OR GIVEN TO A SPECIFIC STATE AGENCY OR POLITICAL SUBDIVISION, TO 15
CONFIRM AUTHORITY, MANAGEMENT AND ADMINISTRATIVE CONTROL OVER 16
TIDELANDS IN THE SECRETARY OF STATE, TO CLARIFY THAT ONLY SPECIFIC 17
ACTION BY THE LEGISLATURE CAN DIVEST THE SECRETARY OF STATE OF 18
SUCH MANAGEMENT AND CONTROL; TO AMEND SECTIONS 59-7-405 AND 19
59-15-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE LOCAL 20
GOVERNING AUTHORITY SHALL NOT LEASE, SUBLEASE, RENT OR PROVIDE 21
ACCESS FOR ANY GAMING PURPOSES UNDER THIS AUTHORITY; TO AMEND 22
SECTIONS 75-76-67, 87-1-5, 97-33-1, 97-33-7, 97-33-17, 97-33-25 23
AND 97-33-27, MISSISSIPPI CODE OF 1972, TO DEFINE AND CLARIFY THE 24
AUTHORITY OF THE MISSISSIPPI GAMING COMMISSION IN DETERMINING 25
LEGAL GAMING SITES AND PRELIMINARY SITE APPROVAL AND TO CLARIFY 26
AREAS AUTHORIZED FOR GAMING CASINO OPERATIONS AND THE AUTHORITY OF 27
THE COMMISSION TO REGULATE MINIMUM SIZE, MINIMUM IMPROVEMENTS AND 28
OTHER PROJECT REQUIREMENTS; AND FOR RELATED PURPOSES. 29
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 30
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SECTION 1. Section 29-1-107, Mississippi Code of 1972, is 31
amended as follows: 32
29-1-107. (1) (a) The Secretary of State, with the 33
approval of the Governor, shall, as far as practicable, rent or 34
lease all lands belonging to the state, except as otherwise 35
provided by * * * this section, for a period of not exceeding one 36
(1) year, and account for the rents therefrom in the same manner 37
as money received from the sale of state lands, provided that no 38
state land shall be rented or leased to individuals, corporations, 39
partnerships, or association of persons for hunting or fishing 40
purposes. Property belonging to the state in municipalities, even 41
though it may have been subdivided into lots, blocks, divisions, 42
or otherwise escheated or was sold to the state by such 43
description, may likewise be leased or rented by the Secretary of 44
State under the terms provided above for other state lands, and 45
the rents accounted for in the same manner. The state shall have 46
all the liens, rights and remedies accorded to landlords in 47
Sections 89-7-1 through 89-7-125; said leases and rental contracts 48
shall automatically terminate on the date provided in said leases 49
or contracts. 50
(b) A person possessing a gaming license under the 51
Mississippi Gaming Control Act or who wishes to apply for a gaming 52
license under the Mississippi Gaming Control Act and who further 53
uses or wishes to use Public Trust Tidelands as part of its 54
proposed gaming project shall be required to obtain a tidelands 55
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lease from the Secretary of State notwithstanding any statute, law 56
or other provision providing other authority to municipalities and 57
counties or any other political subdivision to use the Public 58
Trust Tidelands and such lease may be conditioned upon the gaming 59
licensee or license applicant obtaining such other necessary and 60
required approvals. This paragraph (b) shall not apply to gaming 61
sites and casino operators approved prior to December 31, 2024. 62
(2) (a) The Secretary of State, with the approval of the 63
Governor, may rent or lease surface lands, tidelands or submerged 64
lands owned or controlled by the State of Mississippi lying in or 65
adjacent to the Mississippi Sound or Gulf of Mexico or streams 66
emptying therein, for a period not exceeding forty (40) years for 67
rental payable to the state annually. However, the term of any 68
lease of State Public Trust Tidelands to a person possessing a 69
license under the Mississippi Gaming Control Act shall be governed 70
by the provisions of subsection (4) of this section. 71
(b) The lessee under such agreement may construct such 72
necessary items for marking channels, docking, wharfing, mooring 73
or fleeting vessels which shall be in aid of navigation and not 74
obstructions thereto. 75
(c) A lessee of record may be given the option to renew 76
for an additional period not to exceed twenty-five (25) years; 77
however, the term of a renewal for a lease of State Public Trust 78
Tidelands to a person possessing a gaming license under the 79
Mississippi Gaming Control Act shall be governed by the provisions 80
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of subsection (4) of this section. The holder of a lease of 81
Public Trust Tidelands, at the expiration thereof, shall have a 82
prior right, exclusive of all other persons, to re-lease as may be 83
agreed upon between the holder of the lease and the Secretary of 84
State. 85
(d) Leases shall provide for review and rent 86
adjustments at each fifth anniversary tied either to the All Urban 87
Consumer Price Index-All Items (CPI) or to an appraisal which 88
deducts the value of any improvements by the lessee which 89
substantially enhance the value of the land. In the case where 90
the initial rental was based on the value set by the ad valorem 91
tax rolls, then the rent review and adjustment clause shall be 92
likewise based on the value set by such tax rolls. In the event 93
that the lessor and lessee cannot agree on a rental amount, the 94
lease may be cancelled at the option of the lessor. The lessee 95
shall, within thirty (30) days after execution of a sublease or 96
assignment, file a copy thereof, including the total consideration 97
therefor, with the Secretary of State. This paragraph shall not 98
apply to a lease of State Public Trust Tidelands or submerged 99
lands to a person possessing a gaming license under the 100
Mississippi Gaming Control Act who operates a gaming establishment 101
on such tidelands or submerged lands or to a person who has or 102
will apply for a gaming license under the Mississippi Gaming 103
Control Act and to use Public Trust Tidelands or submerged lands 104
as part of its proposed gaming project. 105
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(e) The Secretary of State shall not grant a lease for 106
gaming purposes whether directly or indirectly on Public Trust 107
Tidelands on which the sand beach was constructed, as defined in 108
Section 29-15-1. 109
(3) Provided, however, the current occupants of Public Trust 110
Tidelands that were developed after the determinable mean 111
high-water line nearest the effective date of the Coastal Wetlands 112
Protection Law shall pay an annual rental based on the fair market 113
value as determined by the assessed valuation of the property. 114
The holder of a lease of Public Trust Tidelands, at the expiration 115
thereof, shall have a prior right, exclusive of all other persons, 116
to re-lease as may be agreed upon between the holder of the lease 117
and the Secretary of State. 118
(4) (a) This section shall apply to any person possessing a 119
license under the Mississippi Gaming Control Act or who wishes to 120
apply for a gaming license under the Mississippi Gaming Control 121
Act and who operates or proposes to operate a gaming establishment 122
in any of the three (3) most southern counties of the state. Any 123
gaming licensee or proposed gaming licensee shall be required to 124
obtain a lease from the State of Mississippi through the Secretary 125
of State to use any State Public Trust Tidelands notwithstanding 126
any statute, law or other provision providing other authority to 127
municipalities and counties or any other political subdivision to 128
use the Public Trust Tidelands. 129
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(b) The following shall apply to all leases of State 130
Public Trust Tidelands executed by such a licensee: 131
(i) Every lease executed after August 29, 2005, 132
shall be for a period of thirty (30) years for rental payable to 133
the state annually. 134
(ii) By operation of this section, any lease 135
executed before August 29, 2005, may, at the option of the lessee, 136
either remain at the term stated in the original execution of the 137
lease or be converted to a thirty-year term lease, beginning on 138
such date after August 29, 2005, that the lessee either resumes or 139
begins permanent gaming activities as approved by the Mississippi 140
Gaming Commission, and the lessee shall be required to comply with 141
all other provisions of the lease. Should the lessee choose to 142
operate in a structure that is not on State Public Trust Tidelands 143
and that is on property contiguous to State Public Trust Tidelands 144
leased by the State of Mississippi to the lessee, the lessee shall 145
be required to comply with all other provisions of the lease with 146
the State of Mississippi and shall be exempt from the assessment 147
provided for in paragraph (c) of this subsection. Easements for 148
and rights-of-way for public streets and highways shall not be 149
construed to interrupt the contiguous nature of a parcel of 150
property. In the event that a lessee does not elect either to 151
remain bound by the original term of the lease with the State of 152
Mississippi or to convert the lease to a thirty-year term, the 153
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Secretary of State may lease the State Public Trust Tidelands that 154
are the subject of the lease to any other person or entity. 155
(iii) Leases shall provide for review and rent 156
adjustments at each annual anniversary tied to the All Urban 157
Consumer Price Index-All Items (CPI). In the case of the renewal 158
of a lease after the expiration of the original thirty-year term 159
under this subsection, each renewal shall be for a term of thirty 160
(30) years. The base rate to which the CPI shall apply for 161
purposes of executing the subsequent lease shall be negotiated by 162
the lessee with the Secretary of State. 163
(c) (i) Except as otherwise provided in this 164
paragraph, any person possessing a license under the Mississippi 165
Gaming Control Act who does not lease for a gaming site Public 166
Trust Tidelands from the State * * * of Mississippi by and through 167
the Secretary of State or a state port, and who operates a gaming 168
establishment in any of the three (3) most southern counties of 169
the state, shall pay an annual in-lieu tidelands assessment to the 170
Public Trust Tidelands Assessments Fund (hereinafter referred to 171
as "fund") created in Section 29-15-10, in the amount and manner 172
provided for in this paragraph. 173
For calendar year 2006, the annual in-lieu tidelands 174
assessment paid by the licensee to the fund shall be: 175
1. Four Hundred Thousand Dollars 176
($400,000.00), if the capital investment in the part of the 177
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structure in which licensed gaming activities are conducted is 178
Fifty Million Dollars ($50,000,000.00) or less. 179
2. Four Hundred Fifty Thousand Dollars 180
($450,000.00), if the capital investment in the part of the 181
structure in which licensed gaming activities are conducted is 182
equal to or more than Fifty Million Dollars ($50,000,000.00) but 183
less than Sixty Million Dollars ($60,000,000.00). 184
3. Five Hundred Thousand Dollars 185
($500,000.00), if the capital investment in the part of the 186
structure in which licensed gaming activities are conducted is 187
equal to or more than Sixty Million Dollars ($60,000,000.00) but 188
less than Seventy-five Million Dollars ($75,000,000.00). 189
4. Six Hundred Thousand Dollars 190
($600,000.00), if the capital investment in the part of the 191
structure in which licensed gaming activities are conducted is 192
equal to or more than Seventy-five Million Dollars 193
($75,000,000.00) but less than One Hundred Million Dollars 194
($100,000,000.00). 195
5. Seven Hundred Thousand Dollars 196
($700,000.00), if the capital investment in the part of the 197
structure in which licensed gaming activities are conducted is 198
equal to or more than One Hundred Million Dollars 199
($100,000,000.00) but less than One Hundred Twenty-five Million 200
Dollars ($125,000,000.00). 201
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6. Seven Hundred Fifty Thousand Dollars 202
($750,000.00), if the capital investment in the part of the 203
structure in which licensed gaming activities are conducted is 204
equal to or more than One Hundred Twenty-five Million Dollars 205
($125,000,000.00). 206
For each calendar year thereafter, the Secretary of State 207
shall review and adjust the value of the capital investment and 208
the annual in-lieu tidelands assessment due. Such review and 209
adjustment shall be tied to the CPI. 210
(ii) This paragraph shall not apply to a gaming 211
licensee if the licensee conducts gaming in a structure that is 212
located on property that is leased from the Mississippi State Port 213
at Gulfport or any political subdivision of the state, or to a 214
licensee who conducts gaming in a structure that is located on 215
property that is leased to the licensee jointly by the State of 216
Mississippi and the City of Biloxi; however, with regard to 217
property owned by a political subdivision of the state, this 218
exception shall only apply to property owned by the political 219
subdivision on August 29, 2005, if legal gaming could have been 220
conducted on such property on that date. 221
(iii) This paragraph shall not apply to a gaming 222
licensee if the licensee conducts gaming in a structure that is 223
located on property that is not leased from the State of 224
Mississippi and/or a political subdivision of the State of 225
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Mississippi and is not on State Public Trust Tidelands, and if the 226
licensee conducted gaming on that property before August 29, 2005. 227
SECTION 2. Section 29-15-1, Mississippi Code of 1972, is 228
amended as follows: 229
29-15-1. (a) "Commission" means the Mississippi Advisory 230
Commission on Marine Resources. 231
(b) "Local tidal datum" means the datum established for a 232
specific tide station through the use of tidal observations made 233
at that station. 234
(c) "Department" means the Mississippi Department of Marine 235
Resources. 236
( * * *d) "Mean high water" means the arithmetic mean of all 237
the high waters occurring in a particular nineteen-year tidal 238
epoch period; or for a shorter period of time after corrections 239
are applied to the short-term observations to reduce these values 240
to the equivalent nineteen-year value. 241
( * * *e) "Mean high-water line" means the intersection of 242
the tidal datum plane of mean high water with the shore. 243
( * * *f) "Mean high-water survey" means a survey of the 244
intersection of the shoreline with the tidal datum plane of mean 245
high water using local tidal datums and surveying methodologies 246
approved by the commission. Methodologies shall include, but not 247
be limited to, the "staking method," "the topographic method" and 248
"tide coordinated aerial photography." 249
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( * * *g) "National map accuracy standards" means a set of 250
guidelines published by the Office of Management and Budget of the 251
United States to which maps produced by the United States 252
government adhere. 253
(h) "Public Trust Tidelands" means those surface lands, 254
tidelands and submerged lands owned by the state and held in trust 255
for the citizens of the State of Mississippi. 256
(i) "Sand beach" means all areas of an artificial or 257
man-made sand beach constructed on Public Trust Tidelands 258
waterward of the public trust boundary. 259
( * * *j) "Submerged lands" means lands which remain covered 260
by waters, where the tides ebb and flow, at ordinary low tides. 261
( * * *k) "Tidelands" means those lands which are daily 262
covered and uncovered by water by the action of the tides, up to 263
the mean high-water line * * *. 264
SECTION 3. The following shall be codified as Section 265
29-15-2, Mississippi Code of 1972: 266
29-15-2. Legislative public policy. (l) It is declared 267
that the state-held tidelands subject to the public trust and the 268
boundary between trust lands and other lands are shown on the 269
Final Public Trust Tidelands Map and Public Trust Submerged Land 270
Maps, Final December 1994, created and published pursuant to 271
Section 29-15-7, as modified by any boundary agreements or court 272
orders. 273
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(2) Absent clear, specific and expressed legislative intent 274
to grant management and administrative control and authority, 275
including leasing authority, of a specific area of Public Trust 276
Tidelands to a specific state agency or political subdivision, the 277
Secretary of State is not divested of management and 278
administrative control and authority, and leasing authority. 279
(3) All uses of Public Trust Tidelands for any gaming 280
purpose or purpose related to a gaming operation shall require a 281
Public Trust Tidelands lease from the state through the Secretary 282
of State as Trustee of the Public Trust Tidelands and shall be 283
subject to annual rent pursuant to Section 29-1-107. 284
SECTION 4. Section 29-15-3, Mississippi Code of 1972, is 285
amended as follows: 286
29-15-3. (1) It is declared to be the public policy of this 287
state to favor the preservation of the natural state of the 288
state's Public Trust Tidelands and their ecosystems and to prevent 289
the despoliation and destruction of them, except where a specific 290
alteration of specific Public Trust Tidelands would serve a higher 291
public interest in compliance with the public purposes of the 292
public trust in which such tidelands are held. 293
(2) It is hereby declared to be a higher public purpose of 294
this state and the public tidelands trust to resolve the 295
uncertainty and disputes which have arisen as to the location of 296
the boundary between the state's Public Trust Tidelands and the 297
upland property and to confirm the mean high-water boundary line 298
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as determined by the Mississippi Supreme Court, the laws of this 299
state and this chapter. 300
(3) It is hereby declared that Public Trust Tidelands held 301
by the state will be managed and administered by the Secretary of 302
State as the Land Commissioner and Trustee of the Public Trust 303
Tidelands. 304
SECTION 5. Section 29-15-5, Mississippi Code of 1972, is 305
amended as follows: 306
29-15-5. (1) Tidelands and submerged lands are held by the 307
state in trust for use of all the people, and are so held in their 308
character as the beds and shores of the sea and its tidally 309
affected arms and tributaries for the purposes defined by common 310
law and statutory law. Littoral and riparian property owners have 311
common-law and statutory rights under the Coastal Wetlands 312
Protection Law which extend into the waters and beyond the low 313
tide line, and the state's responsibilities as trustee extends to 314
such owners as well as to the other members of the public. 315
(2) Residential property owners shall not be required to 316
obtain a Public Trust Tidelands lease from the state for 317
exercising their common-law and statutory littoral and riparian 318
rights attached to residential property for personal noncommercial 319
use. 320
SECTION 6. Section 29-15-9, Mississippi Code of 1972, is 321
amended as follows: 322
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29-15-9. (1) There is created in the State Treasury a 323
special fund to be known as the "Public Trust Tidelands Fund." 324
The fund shall be administered by the Secretary of State as 325
trustee. 326
(2) Any funds derived from lease rentals of tidelands and 327
submerged lands, except those funds derived from mineral leases, 328
or funds previously specifically designated to be applied to other 329
agencies, shall be transferred to the special fund. * * * Funds 330
derived from lease rentals * * * shall be used to cover the 331
administrative cost, including legal expenses, incurred by the 332
Secretary of State in administering the Public Trust Tidelands. 333
Any remaining funds derived from lease rentals shall then be 334
disbursed pro rata to the local taxing authorities for the 335
replacement of lost ad valorem taxes, if any. Then, any remaining 336
funds shall be disbursed to the * * * Department of Marine 337
Resources for new and extra programs of tidelands management, such 338
as conservation, reclamation, preservation, acquisition, education 339
or the enhancement of public access to the Public Trust Tidelands 340
or public improvement projects as they relate to those lands. 341
(3) Any funds that are appropriated as separate line items 342
in an appropriation bill for tideland programs or projects 343
authorized under this section for political subdivisions or other 344
agencies shall be disbursed as provided in this subsection. 345
(a) The Department of Marine Resources shall make 346
progress payments in installments based on the work completed and 347
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material used in the performance of a tidelands project only after 348
receiving written verification from the political subdivision or 349
agency. The political subdivision or agency shall submit 350
verification of the work completed or materials in such detail and 351
form that the department may require. 352
(b) The Department of Marine Resources shall make funds 353
available for the purpose of using such funds as a match or 354
leverage for federal or other funds that are available for the 355
designated tidelands project. 356
SECTION 7. Section 29-15-13, Mississippi Code of 1972, is 357
amended as follows: 358
29-15-13. (1) All public projects of any federal, state or 359
local governmental entity which serve a higher public purpose of 360
promoting the conservation, reclamation, preservation of the 361
tidelands and submerged lands, public use for fishing, recreation 362
navigation, or the enhancement of public access to such lands 363
shall be exempt from any use or rental fees. 364
(2) Except for gaming sites and casino operations approved 365
prior to December 31, 2024, the federal, state or local 366
governmental entity, including counties and municipalities, shall 367
not lease, sublease, rent, or provide access for any gaming 368
purpose or purpose related to a gaming operation. 369
SECTION 8. Section 59-7-405, Mississippi Code of 1972, is 370
amended as follows: 371
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59-7-405. (1) (a) The governing authorities of any 372
municipality in which there is situated and located, in whole or 373
in part, a port or harbor through which commerce flows, and having 374
not less than eight (8) industries engaged in the seafood 375
industry, which maintains a channel and/or harbor to a depth of 376
not less than eight (8) feet, may engage in, either directly or 377
through the commission hereinafter provided and designated, and 378
such other agencies as hereafter may be provided by law, works of 379
internal improvement, or promoting, developing, constructing, 380
maintaining and operating harbors or seaports within the state and 381
its jurisdiction, and either directly or through the commission 382
hereinafter provided for, with the power and authority to acquire, 383
purchase, install, rent, lease, mortgage and/or otherwise 384
encumber, to construct, own, hold, maintain, equip, use, control 385
and operate at seaports or harbors, wharves, piers, docks, 386
warehouses, cold storage facilities, water and rail terminals, 387
airplane landing fields and strips, and other structures and 388
facilities, needful for the convenient use of the same in the aid 389
of commerce and navigation, and including the dredging of channels 390
and approaches to the facilities, and being authorized to fill 391
in * * * bottomlands where incidental and necessary to the 392
foregoing development. 393
(b) A municipality, which is operating a port through a 394
port commission under this section, may dissolve the port 395
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commission as provided in Section 59-7-408 and directly operate 396
and maintain the port as provided under this article. 397
(2) The municipal authorities or commission, in connection 398
with the exercise of the foregoing works of improvement and 399
development, may as an adjunct to any such work of improvement or 400
development to erect or construct such bridges, causeways or 401
structures as may be required for access to and from the harbors 402
or facilities provided as aforesaid by the municipal authorities 403
or the commission, and including any necessary bridge or causeway 404
or combination of the same, connecting with any island or islands 405
lying within three (3) leagues of the main shoreline of the 406
Mississippi Sound or the Gulf of Mexico, and whether the same be 407
within or without the limits of the municipality concerned. 408
(3) The municipal authorities or commission may procure, by 409
gift, grant, purchase, or by the exercise of eminent domain, and 410
for the public purposes and uses herein provided for, such land or 411
interest therein as may be required for the purposes of this 412
article, and regardless of whether the land be within or without 413
the limits of the municipality involved. 414
(4) The municipal authorities or commission, in the exercise 415
of the powers granted hereunder, may provide any of the aforesaid 416
facilities alone or in collaboration and in conjunction with any 417
other public bodies, entities or commissions, as may now or 418
hereafter be established by law. 419
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(5) The municipal authorities or commission may provide, 420
among other harbor facilities, small craft and pleasure craft 421
harbors and facilities needed therefor, including park and 422
recreational facilities as an adjunct thereto, and in order to 423
develop and promote tourist and recreational trade in the port. 424
(6) The municipal authorities or commission have the power 425
and authority to carry out the provisions of this article, to 426
employ engineers, attorneys, and such employees as may be 427
necessary in carrying out the provisions of this article, from 428
time to time, and for the purpose of operating the facilities 429
herein provided for, and may prescribe reasonable compensation in 430
connection with such employment. 431
(7) Except for gaming sites and casino operations approved 432
prior to December 31, 2024, the municipal authorities or 433
commission shall not lease, sublease, rent, or provide access for 434
any gaming purpose or purpose related to a gaming operation. 435
SECTION 9. Section 59-15-1, Mississippi Code of 1972, is 436
amended as follows: 437
59-15-1. The authorities of any city in this state which has 438
a population of ten thousand (10,000) or more, according to the 439
last official government census, and the authorities of any 440
municipality bordering on the Mississippi Sound or Gulf of Mexico 441
are hereby given the authority to acquire by purchase, deed, 442
donation, gift, grant, reclamation, lease, dedication, or 443
otherwise, land, harbor sites or water frontage for the purpose of 444
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establishing, developing, promoting, maintaining, and operating 445
harbors for small water crafts and recreational parks connected 446
therewith within its territorial limits, or both, and shall have 447
the power to acquire, purchase, install, rent, lease, mortgage, 448
incumber, construct, own, hold, maintain, equip, use, control and 449
operate recreational parks and harbors for small water craft. 450
Except for gaming sites and casino operations approved prior to 451
December 31, 2024, the municipal authorities or commission shall 452
not lease, sublease, rent, or provide access for any gaming 453
purpose or purpose related to a gaming operation. 454
SECTION 10. Section 75-76-67, Mississippi Code of 1972, is 455
amended as follows: 456
75-76-67. (1) Any person who the commission determines is 457
qualified to receive a license or be found suitable under the 458
provisions of this chapter, having due consideration for the 459
proper protection of the health, safety, morals, good order and 460
general welfare of the inhabitants of the State of Mississippi and 461
the declared policy of this state, may be issued a state gaming 462
license or found suitable. The burden of proving his 463
qualification to receive any license or be found suitable is on 464
the applicant. 465
(2) An application to receive a license or be found suitable 466
shall not be granted unless the commission is satisfied that the 467
applicant is: 468
(a) A person of good character, honesty and integrity; 469
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(b) A person whose prior activities, criminal record, 470
if any, reputation, habits and associations do not pose a threat 471
to the public interest of this state or to the effective 472
regulation and control of gaming, or create or enhance the dangers 473
of unsuitable, unfair or illegal practices, methods and activities 474
in the conduct of gaming or the carrying on of the business and 475
financial arrangements incidental thereto; and 476
(c) In all other respects qualified to be licensed or 477
found suitable consistent with the declared laws of the state. 478
(3) No person shall be granted a license or found suitable 479
under the provisions of this chapter who has been convicted of a 480
felony in any court of this state, another state, or the United 481
States; and no person shall be granted a license or found suitable 482
hereunder who has been convicted of a crime in any court of 483
another state or the United States which, if committed in this 484
state, would be a felony; and no person shall be granted a license 485
or found suitable under the provisions of this chapter who has 486
been convicted of a misdemeanor in any court of this state or of 487
another state, when such conviction was for gambling, sale of 488
alcoholic beverages to minors, prostitution, or procuring or 489
inducing individuals to engage in prostitution. 490
(4) A license to operate a gaming establishment shall not be 491
granted unless the applicant has satisfied the commission that: 492
(a) He has adequate business probity, competence and 493
experience, in gaming or generally; * * * 494
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(b) The proposed financing of the entire operation is: 495
(i) Adequate for the nature of the proposed 496
operation; and 497
(ii) From a suitable source. Any lender or other 498
source of money or credit which the commission finds does not meet 499
the standards set forth in subsection (2) may be deemed 500
unsuitable * * *; 501
(c) Other than with respect to a licensee who has been 502
licensed by the commission prior to December 31, 2024, or to such 503
licensee upon any licensing renewal after such date, a proposed 504
project shall meet, at a minimum, the following: 505
(i) A parking facility in close proximity to the 506
casino complex to accommodate a minimum of five hundred (500) 507
cars; 508
(ii) A hotel with a minimum of three hundred (300) 509
rooms; 510
(iii) A restaurant capable of seating at least two 511
hundred (200) people; 512
(iv) A fine dining establishment capable of 513
seating at least seventy-five (75) people; 514
(v) A casino floor of at least forty thousand 515
(40,000) square feet; and 516
(vi) An amenity unique to the licensee's market in 517
order to encourage economic development and promote tourism; and 518
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(d) The commission shall not adopt any rule or 519
regulation that would reduce the requirements in paragraph (c) of 520
this subsection; however, the commission may exercise discretion 521
with respect to such requirements as to proposed projects if 522
located in a gaming market along the Mississippi River; but, in 523
all other areas where a project is proposed to be located, these 524
shall be deemed minimum requirements. 525
(5) An application to receive a license or be found suitable 526
constitutes a request for a determination of the applicant's 527
general character, integrity and ability to participate or engage 528
in, or be associated with gaming. Any written or oral statement 529
made in the course of an official proceeding of the commission or 530
the executive director or any witness testifying under oath which 531
is relevant to the purpose of the proceeding is absolutely 532
privileged and does not impose liability for defamation or 533
constitute a ground for recovery in any civil action. 534
(6) The commission may, in its discretion, grant a license 535
to a corporation which has complied with the provisions of this 536
chapter. 537
(7) The commission may, in its discretion, grant a license 538
to a limited partnership which has complied with the provisions of 539
this chapter. 540
(8) No limited partnership, except one whose sole limited 541
partner is a publicly traded corporation which has registered with 542
the commission, or business trust or organization or other 543
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association of a quasi-corporate character is eligible to receive 544
or hold any license under this chapter unless all persons having 545
any direct or indirect interest therein of any nature whatsoever, 546
whether financial, administrative, policymaking or supervisory, 547
are individually qualified to be licensed under the provisions of 548
this chapter. 549
(9) The commission may, by regulation, limit the number of 550
persons who may be financially interested and the nature of their 551
interest in any corporation or other organization or association 552
licensed under this chapter, and may establish such other 553
qualifications of licenses as the commission, in its discretion, 554
deems to be in the public interest and consistent with the 555
declared policy of the state. 556
SECTION 11. Section 87-1-5, Mississippi Code of 1972, is 557
amended as follows: 558
87-1-5. If any person, by playing at any game whatever, or 559
by betting on the sides or hands of such as do play at any game, 560
or by betting on any horse race or cockfight, or at any other 561
sport or pastime, or by any wager whatever, shall lose any money, 562
property, or other valuable thing, real or personal, and shall pay 563
or deliver the same or any part thereof, the person so losing and 564
paying or delivering the same, or his wife or children, may sue 565
for and recover such money, property, or other valuable thing so 566
lost and paid or delivered, or any part thereof, from the person 567
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knowingly receiving the same, with costs. However, this section 568
shall not apply to betting, gaming or wagering: 569
(a) On a cruise vessel as defined in Section 27-109-1 570
whenever such vessel is in the waters within the State of 571
Mississippi, which lie adjacent to the State of Mississippi south 572
of the three (3) most southern counties in the State of 573
Mississippi, including the Mississippi Sound, St. Louis Bay, 574
Biloxi Bay and Pascagoula Bay; 575
(b) In a structure located in whole or in part on shore 576
in any of the three (3) most southern counties in the State of 577
Mississippi in which the registered voters of the county have 578
voted to allow such betting, gaming or wagering on cruise vessels 579
as provided in Section 19-3-79, if: 580
(i) The structure is owned, leased or controlled 581
by a person possessing a gaming license, as defined in Section 582
75-76-5, to conduct legal gaming * * *; 583
(ii) The part of the structure in which licensed 584
gaming activities are conducted is located entirely in an area 585
which is located no more than eight hundred (800) feet from the 586
mean high-water line (as defined in Section 29-15-1) of the waters 587
within the State of Mississippi, which lie adjacent to the State 588
of Mississippi south of the three (3) most southern counties in 589
the State of Mississippi, including the Mississippi Sound, St. 590
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 591
Mississippi Sound at Harrison County only, no farther north than 592
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the southern boundary of the right-of-way for U.S. Highway 90, 593
whichever is greater; and in determining the distance to the mean 594
high-water line, the following considerations apply to any 595
application for site approval after December 31, 2024, whether an 596
initial or renewal application: 597
1. Rights-of-way and easements for public 598
streets and highways shall not be construed to interrupt the 599
contiguous nature of a parcel of property, nor shall the footage 600
contained within such easements and rights-of-way be considered in 601
the calculation of the distances specified in subparagraph (ii) of 602
this paragraph; and 603
2. An imaginary line drawn from any point 604
along the mean high-water line referenced and utilized pursuant to 605
subparagraph (ii) of this paragraph to any other point of 606
reference must cross only property under the exclusive use and 607
control of the gaming licensee or proposed licensee based on its 608
ownership or lease thereof, except for rights-of-way and easements 609
for public streets and highways; and 610
(iii) In the case of a structure that is located 611
in whole or part on shore, the part of the structure in which 612
licensed gaming activities are conducted shall * * * be located on 613
property entirely under the exclusive use and control of the 614
proposed licensee based on its ownership or lease thereof that 615
extends from the gaming floor to the mean high-water line and such 616
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land is capable of accommodating the minimum improvement 617
requirements set forth in Section 75-76-67(4); 618
(c) On a vessel as defined in Section 27-109-1 whenever 619
such vessel is on the Mississippi River or navigable waters within 620
any county bordering on the Mississippi River; or 621
(d) That is legal under the laws of the State of 622
Mississippi. 623
SECTION 12. Section 97-33-1, Mississippi Code of 1972, is 624
amended as follows: 625
97-33-1. Except as otherwise provided in Section 97-33-8, if 626
any person shall encourage, promote or play at any game, play or 627
amusement, other than a fight or fighting match between dogs, for 628
money or other valuable thing, or shall wager or bet, promote or 629
encourage the wagering or betting of any money or other valuable 630
things, upon any game, play, amusement, cockfight, Indian ball 631
play or duel, other than a fight or fighting match between dogs, 632
or upon the result of any election, event or contingency whatever, 633
upon conviction thereof, he shall be fined in a sum not more than 634
Five Hundred Dollars ($500.00); and, unless such fine and costs be 635
immediately paid, shall be imprisoned for any period not more than 636
ninety (90) days. However, this section shall not apply to 637
betting, gaming or wagering: 638
(a) On a cruise vessel as defined in Section 27-109-1 639
whenever such vessel is in the waters within the State of 640
Mississippi, which lie adjacent to the State of Mississippi south 641
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of the three (3) most southern counties in the State of 642
Mississippi, including the Mississippi Sound, St. Louis Bay, 643
Biloxi Bay and Pascagoula Bay, and in which the registered voters 644
of the county in which the port is located have not voted to 645
prohibit such betting, gaming or wagering on cruise vessels as 646
provided in Section 19-3-79; 647
(b) In a structure located, in whole or in part, on 648
shore in any of the three (3) most southern counties in the State 649
of Mississippi in which the registered voters of the county have 650
voted to allow such betting, gaming or wagering on cruise vessels 651
as provided in Section 19-3-79, if: 652
(i) The structure is owned, leased or controlled 653
by a person possessing a gaming license, as defined in Section 654
75-76-5, to conduct legal gaming * * *; 655
(ii) The part of the structure in which licensed 656
gaming activities are conducted is located entirely in an area 657
which is located no more than eight hundred (800) feet from the 658
mean high-water line (as defined in Section 29-15-1) of the waters 659
within the State of Mississippi, which lie adjacent to the State 660
of Mississippi south of the three (3) most southern counties in 661
the State of Mississippi, including the Mississippi Sound, St. 662
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 663
Mississippi Sound at Harrison County only, no farther north than 664
the southern boundary of the right-of-way for U.S. Highway 90, 665
whichever is greater; and in determining the distance to the mean 666
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high-water line, the following considerations apply to any 667
application for site approval after December 31, 2024, whether an 668
initial or renewal application: 669
1. Rights-of-way and easements for public 670
streets and highways shall not be construed to interrupt the 671
contiguous nature of a parcel of property, nor shall the footage 672
contained within such easements and rights-of-way be considered in 673
the calculation of the distances specified in subparagraph (ii) of 674
this paragraph; and 675
2. An imaginary line drawn from any point 676
along the mean high-water line referenced and utilized pursuant to 677
subparagraph (ii) of this paragraph to any other point of 678
reference must cross only property under the exclusive use and 679
control of the gaming licensee or proposed licensee based on its 680
ownership or lease thereof, except for rights-of-way and easements 681
for public streets and highways; and 682
(iii) In the case of a structure that is located 683
in whole or part on shore, the part of the structure in which 684
licensed gaming activities are conducted shall * * * be located on 685
property entirely under the exclusive use and control of the 686
gaming licensee or proposed licensee based on its ownership or 687
lease thereof that extends from the gaming floor to the mean 688
high-water line and such land is capable of accommodating the 689
minimum improvement requirements set forth in Section 75-76-67(4); 690
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(c) On a vessel as defined in Section 27-109-1 whenever 691
such vessel is on the Mississippi River or navigable waters within 692
any county bordering on the Mississippi River, and in which the 693
registered voters of the county in which the port is located have 694
not voted to prohibit such betting, gaming or wagering on vessels 695
as provided in Section 19-3-79; or 696
(d) That is legal under the laws of the State of 697
Mississippi. 698
SECTION 13. Section 97-33-7, Mississippi Code of 1972, is 699
amended as follows: 700
97-33-7. (1) Except as otherwise provided in Section 701
97-33-8, it shall be unlawful for any person or persons, firm, 702
copartnership or corporation to have in possession, own, control, 703
display, or operate any cane rack, knife rack, artful dodger, 704
punch board, roll down, merchandise wheel, slot machine, pinball 705
machine, or similar device or devices. Provided, however, that 706
this section shall not be so construed as to make unlawful the 707
ownership, possession, control, display or operation of any 708
antique coin machine as defined in Section 27-27-12, or any music 709
machine or bona fide automatic vending machine where the purchaser 710
receives exactly the same quantity of merchandise on each 711
operation of said machine. Any slot machine other than an antique 712
coin machine as defined in Section 27-27-12 which delivers, or is 713
so constructed as that by operation thereof it will deliver to the 714
operator thereof anything of value in varying quantities, in 715
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addition to the merchandise received, and any slot machine other 716
than an antique coin machine as defined in Section 27-27-12 that 717
is constructed in such manner as that slugs, tokens, coins or 718
similar devices are, or may be, used and delivered to the operator 719
thereof in addition to merchandise of any sort contained in such 720
machine, is hereby declared to be a gambling device, and shall be 721
deemed unlawful under the provisions of this section. Provided, 722
however, that pinball machines which do not return to the operator 723
or player thereof anything but free additional games or plays 724
shall not be deemed to be gambling devices, and neither this 725
section nor any other law shall be construed to prohibit same. 726
(2) No property right shall exist in any person, natural or 727
artificial, or be vested in such person, in any or all of the 728
devices described herein that are not exempted from the provisions 729
of this section; and all such devices are hereby declared to be at 730
all times subject to confiscation and destruction, and their 731
possession shall be unlawful, except when in the possession of 732
officers carrying out the provisions of this section. It shall be 733
the duty of all law enforcing officers to seize and immediately 734
destroy all such machines and devices. 735
(3) A first violation of the provisions of this section 736
shall be deemed a misdemeanor, and the party offending shall, upon 737
conviction, be fined in any sum not exceeding Five Hundred Dollars 738
($500.00), or imprisoned not exceeding three (3) months, or both, 739
in the discretion of the court. In the event of a second 740
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conviction for a violation of any of the provisions of this 741
section, the party offending shall be subject to a sentence of not 742
less than six (6) months in the county jail, nor more than two (2) 743
years in the State Penitentiary, in the discretion of the trial 744
court. 745
(4) Notwithstanding any provision of this section to the 746
contrary, it shall not be unlawful to operate any equipment or 747
device described in subsection (1) of this section or any gaming, 748
gambling or similar device or devices by whatever name called 749
while: 750
(a) On a cruise vessel as defined in Section 27-109-1 751
whenever such vessel is in the waters within the State of 752
Mississippi, which lie adjacent to the State of Mississippi south 753
of the three (3) most southern counties in the State of 754
Mississippi, including the Mississippi Sound, St. Louis Bay, 755
Biloxi Bay and Pascagoula Bay, and in which the registered voters 756
of the county in which the port is located have not voted to 757
prohibit such betting, gaming or wagering on cruise vessels as 758
provided in Section 19-3-79; 759
(b) In a structure located, in whole or in part, on 760
shore in any of the three (3) most southern counties in the State 761
of Mississippi in which the registered voters of the county have 762
voted to allow such betting, gaming or wagering on cruise vessels 763
as provided in Section 19-3-79, if: 764
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(i) The structure is owned, leased or controlled 765
by a person possessing a gaming license, as defined in Section 766
75-76-5, to conduct legal gaming * * *; 767
(ii) The part of the structure in which licensed 768
gaming activities are conducted is located entirely in an area 769
which is located no more than eight hundred (800) feet from the 770
mean high-water line (as defined in Section 29-15-1) of the waters 771
within the State of Mississippi, which lie adjacent to the State 772
of Mississippi south of the three (3) most southern counties in 773
the State of Mississippi, including the Mississippi Sound, St. 774
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 775
Mississippi Sound at Harrison County only, no farther north than 776
the southern boundary of the right-of-way for U.S. Highway 90, 777
whichever is greater; and in determining the distance to the mean 778
high-water line, the following considerations apply to any 779
application for site approval after December 31, 2024, whether an 780
initial or renewal application: 781
1. Rights-of-way and easements for public 782
streets and highways shall not be construed to interrupt the 783
contiguous nature of a parcel of property, nor shall the footage 784
contained within such easements and rights-of-way be considered in 785
the calculation of the distances specified in subparagraph (ii) of 786
this paragraph; and 787
2. An imaginary line drawn from any point 788
along the mean high-water line referenced and utilized pursuant to 789
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subparagraph (ii) of this paragraph to any other point of 790
reference must cross only property under the exclusive use and 791
control of the gaming licensee or proposed licensee based on its 792
ownership or lease thereof, except for rights-of-way and easements 793
for public streets and highways; and 794
(iii) In the case of a structure that is located 795
in whole or part on shore, the part of the structure in which 796
licensed gaming activities are conducted shall * * * be located on 797
property entirely under the exclusive use and control of the 798
gaming licensee or proposed licensee based on its ownership or 799
lease thereof that extends from the gaming floor to the mean 800
high-water line and such land is capable of accommodating the 801
minimum improvement requirements set forth in Section 75-76-67(4); 802
(c) On a vessel as defined in Section 27-109-1 whenever 803
such vessel is on the Mississippi River or navigable waters within 804
any county bordering on the Mississippi River, and in which the 805
registered voters of the county in which the port is located have 806
not voted to prohibit such betting, gaming or wagering on vessels 807
as provided in Section 19-3-79; or 808
(d) That is legal under the laws of the State of 809
Mississippi. 810
(5) Notwithstanding any provision of this section to the 811
contrary, it shall not be unlawful (a) to own, possess, repair or 812
control any gambling device, machine or equipment in a licensed 813
gaming establishment or on the business premises appurtenant to 814
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any such licensed gaming establishment during any period of time 815
in which such licensed gaming establishment is being constructed, 816
repaired, maintained or operated in this state; (b) to install any 817
gambling device, machine or equipment in any licensed gaming 818
establishment; (c) to possess or control any gambling device, 819
machine or equipment during the process of procuring or 820
transporting such device, machine or equipment for installation on 821
any such licensed gaming establishment; or (d) to store in a 822
warehouse or other storage facility any gambling device, machine, 823
equipment, or part thereof, regardless of whether the county or 824
municipality in which the warehouse or storage facility is located 825
has approved gaming aboard cruise vessels or vessels, provided 826
that such device, machine or equipment is operated only in a 827
county or municipality that has approved gaming aboard cruise 828
vessels or vessels. Any gambling device, machine or equipment 829
that is owned, possessed, controlled, installed, procured, 830
repaired, transported or stored in accordance with this subsection 831
shall not be subject to confiscation, seizure or destruction, and 832
any person, firm, partnership or corporation which owns, 833
possesses, controls, installs, procures, repairs, transports or 834
stores any gambling device, machine or equipment in accordance 835
with this subsection shall not be subject to any prosecution or 836
penalty under this section. Any person constructing or repairing 837
such cruise vessels or vessels within a municipality shall comply 838
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with all municipal ordinances protecting the general health or 839
safety of the residents of the municipality. 840
SECTION 14. Section 97-33-17, Mississippi Code of 1972, is 841
amended as follows: 842
97-33-17. (1) All monies exhibited for the purpose of 843
betting or alluring persons to bet at any game, and all monies 844
staked or betted, shall be liable to seizure by any sheriff, 845
constable, or police officer, together with all the appliances 846
used or kept for use in gambling, or by any other person; and all 847
the monies so seized shall be accounted for by the person making 848
the seizure, and all appliances seized shall be destroyed; 849
provided, however, this section shall not apply to betting, gaming 850
or wagering on: 851
(a) A cruise vessel as defined in Section 27-109-1 852
whenever such vessel is in the waters within the State of 853
Mississippi, which lie adjacent to the State of Mississippi south 854
of the three (3) most southern counties in the State of 855
Mississippi, including the Mississippi Sound, St. Louis Bay, 856
Biloxi Bay and Pascagoula Bay, and in which the registered voters 857
of the county in which the port is located have not voted to 858
prohibit such betting, gaming or wagering on cruise vessels as 859
provided in Section 19-3-79; 860
(b) In a structure located in whole or in part on shore 861
in any of the three (3) most southern counties in the State of 862
Mississippi in which the registered voters of the county have 863
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voted to allow such betting, gaming or wagering on cruise vessels 864
as provided in Section 19-3-79, if: 865
(i) The structure is owned, leased or controlled 866
by a person possessing a gaming license, as defined in Section 867
75-76-5, to conduct legal gaming * * *; 868
(ii) The part of the structure in which licensed 869
gaming activities are conducted is located entirely in an area 870
which is located no more than eight hundred (800) feet from the 871
mean high-water line (as defined in Section 29-15-1) of the waters 872
within the State of Mississippi, which lie adjacent to the State 873
of Mississippi south of the three (3) most southern counties in 874
the State of Mississippi, including the Mississippi Sound, St. 875
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 876
Mississippi Sound at Harrison County only, no farther north than 877
the southern boundary of the right-of-way for U.S. Highway 90, 878
whichever is greater; and in determining the distance to the mean 879
high-water line, the following considerations apply to any 880
application for site approval after December 31, 2024, whether an 881
initial or renewal application: 882
1. Rights-of-way and easements for public 883
streets and highways shall not be construed to interrupt the 884
contiguous nature of a parcel of property, nor shall the footage 885
contained within such easements and rights-of-way be counted in 886
the calculation of the distances specified in subparagraph (ii) of 887
this paragraph; and 888
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2. An imaginary line drawn from any point 889
along the mean high-water line referenced and utilized pursuant to 890
subparagraph (ii) of this paragraph to any other point of 891
reference must cross only property under the exclusive use and 892
control of the gaming licensee or proposed licensee based on its 893
ownership or lease thereof, except for rights-of-way and easements 894
for public streets and highways; and 895
(iii) In the case of a structure that is located 896
in whole or part on shore, the part of the structure in which 897
licensed gaming activities are conducted shall * * * be located on 898
property entirely under the exclusive use and control of the 899
gaming licensee or proposed licensee based on its ownership or 900
lease thereof that extends from the gaming floor to the mean 901
high-water line and such land is capable of accommodating the 902
minimum improvement requirements set forth in Section 75-76-67(4); 903
(c) A vessel as defined in Section 27-109-1 whenever 904
such vessel is on the Mississippi River or navigable waters within 905
any county bordering on the Mississippi River, and in which the 906
registered voters of the county in which the port is located have 907
not voted to prohibit such betting, gaming or wagering on vessels 908
as provided in Section 19-3-79; or 909
(d) That is legal under the laws of the State of 910
Mississippi. 911
(2) Nothing in this section shall apply to any gambling 912
device, machine or equipment that is owned, possessed, controlled, 913
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installed, procured, repaired or transported in accordance with 914
subsection (4) of Section 97-33-7. 915
SECTION 15. Section 97-33-25, Mississippi Code of 1972, is 916
amended as follows: 917
97-33-25. If any person shall sell or buy, either directly 918
or indirectly, any chance in what is commonly called pool, upon 919
any event whatever, or shall in any manner engage in such business 920
or pastime, he shall be fined not more than Five Hundred Dollars 921
($500.00) or shall be imprisoned in the county jail not more than 922
ninety (90) days; provided, however, this section shall not apply 923
to betting, gaming or wagering: 924
(a) On a cruise vessel as defined in Section 27-109-1 925
whenever such vessel is in the waters within the State of 926
Mississippi, which lie adjacent to the State of Mississippi south 927
of the three (3) most southern counties in the State of 928
Mississippi, including the Mississippi Sound, St. Louis Bay, 929
Biloxi Bay and Pascagoula Bay, and in which the registered voters 930
of the county in which the port is located have not voted to 931
prohibit such betting, gaming or wagering on cruise vessels as 932
provided in Section 19-3-79; 933
(b) In a structure located in whole or in part on shore 934
in any of the three (3) most southern counties in the State of 935
Mississippi in which the registered voters of the county have 936
voted to allow such betting, gaming or wagering on cruise vessels 937
as provided in Section 19-3-79, if: 938
S. B. No. 2397 *SS26/R958* ~ OFFICIAL ~
26/SS26/R958
PAGE 39 (rdd\tb)

(i) The structure is owned, leased or controlled 939
by a person possessing a gaming license, as defined in Section 940
75-76-5, to conduct legal gaming * * *; 941
(ii) The part of the structure in which licensed 942
gaming activities are conducted is located entirely in an area 943
which is located no more than eight hundred (800) feet from the 944
mean high-water line (as defined in Section 29-15-1) of the waters 945
within the State of Mississippi, which lie adjacent to the State 946
of Mississippi south of the three (3) most southern counties in 947
the State of Mississippi, including the Mississippi Sound, St. 948
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 949
Mississippi Sound at Harrison County only, no farther north than 950
the southern boundary of the right-of-way for U.S. Highway 90, 951
whichever is greater; and in determining the distance to the mean 952
high-water line, the following considerations apply to any 953
application for site approval after December 31, 2024, whether an 954
initial or renewal application: 955
1. Rights-of-way and easements for public 956
streets and highways shall not be construed to interrupt the 957
contiguous nature of a parcel of property, nor shall the footage 958
contained within such easements and rights-of-way be considered in 959
the calculation of the distances specified in subparagraph (ii) of 960
this paragraph; and 961
2. An imaginary line drawn from any point 962
along the mean high-water line referenced and utilized pursuant to 963
S. B. No. 2397 *SS26/R958* ~ OFFICIAL ~
26/SS26/R958
PAGE 40 (rdd\tb)

subparagraph (ii) of this paragraph to any other point of 964
reference must cross only property under the exclusive use and 965
control of the gaming licensee or proposed licensee based on its 966
ownership or lease thereof, except for rights-of-way and easements 967
for public streets and highways; and 968
(iii) In the case of a structure that is located 969
in whole or part on shore, the part of the structure in which 970
licensed gaming activities are conducted shall * * * be located on 971
property entirely under the exclusive use and control of the 972
gaming licensee or proposed licensee based on its ownership or 973
lease thereof that extends from the gaming floor to the mean 974
high-water line and such land is capable of accommodating the 975
minimum improvement requirements set forth in Section 75-76-67(4); 976
(c) On a vessel as defined in Section 27-109-1 whenever 977
such vessel is on the Mississippi River or navigable waters within 978
any county bordering on the Mississippi River, and in which the 979
registered voters of the county in which the port is located have 980
not voted to prohibit such betting, gaming or wagering on vessels 981
as provided in Section 19-3-79; or 982
(d) That is legal under the laws of the State of 983
Mississippi. 984
SECTION 16. Section 97-33-27, Mississippi Code of 1972, is 985
amended as follows: 986
97-33-27. If any person shall bet on a horse race or a yacht 987
race or on a shooting match, he shall be fined not more than Five 988
S. B. No. 2397 *SS26/R958* ~ OFFICIAL ~
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PAGE 41 (rdd\tb)

Hundred Dollars ($500.00), and, unless the fine and costs be 989
immediately paid, he shall be imprisoned in the county jail not 990
more than ninety (90) days; provided, however, this section shall 991
not apply to betting, gaming or wagering: 992
(a) On a cruise vessel as defined in Section 27-109-1 993
whenever such vessel is in the waters within the State of 994
Mississippi, which lie adjacent to the State of Mississippi south 995
of the three (3) most southern counties in the State of 996
Mississippi, including the Mississippi Sound, St. Louis Bay, 997
Biloxi Bay and Pascagoula Bay, and in which the registered voters 998
of the county in which the port is located have not voted to 999
prohibit such betting, gaming or wagering on cruise vessels as 1000
provided in Section 19-3-79; 1001
(b) In a structure located in whole or in part on shore 1002
in any of the three (3) most southern counties in the State of 1003
Mississippi in which the registered voters of the county have 1004
voted to allow such betting, gaming or wagering on cruise vessels 1005
as provided in Section 19-3-79, if: 1006
(i) The structure is owned, leased or controlled 1007
by a person possessing a gaming license, as defined in Section 1008
75-76-5, to conduct legal gaming * * *; 1009
(ii) The part of the structure in which licensed 1010
gaming activities are conducted is located entirely in an area 1011
which is located no more than eight hundred (800) feet from the 1012
mean high-water line (as defined in Section 29-15-1) of the waters 1013
S. B. No. 2397 *SS26/R958* ~ OFFICIAL ~
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PAGE 42 (rdd\tb)

within the State of Mississippi, which lie adjacent to the State 1014
of Mississippi south of the three (3) most southern counties in 1015
the State of Mississippi, including the Mississippi Sound, St. 1016
Louis Bay, Biloxi Bay and Pascagoula Bay, or, with regard to the 1017
Mississippi Sound at Harrison County only, no farther north than 1018
the southern boundary of the right-of-way for U.S. Highway 90, 1019
whichever is greater; and in determining the distance to the mean 1020
high-water line, the following considerations apply to any 1021
application for site approval after December 31, 2024, whether an 1022
initial or renewal application: 1023
1. Rights-of-way and easements for public 1024
streets and highways shall not be construed to interrupt the 1025
contiguous nature of a parcel of property, nor shall the footage 1026
contained within such easements and rights-of-way be considered in 1027
the calculation of the distances specified in subparagraph (ii) of 1028
this paragraph; and 1029
2. An imaginary line drawn from any point 1030
along the mean high-water line referenced and utilized pursuant to 1031
subparagraph (ii) of this paragraph to any other point of 1032
reference must cross only property under the exclusive use and 1033
control of the gaming licensee or proposed licensee based on its 1034
ownership or lease thereof, except for rights-of-way and easements 1035
for public streets and highways; and 1036
(iii) In the case of a structure that is located 1037
in whole or part on shore, the part of the structure in which 1038
S. B. No. 2397 *SS26/R958* ~ OFFICIAL ~
26/SS26/R958
PAGE 43 (rdd\tb)
ST: Authority of Secretary of State to approve
leases on Public Trust Tidelands; clarify.
licensed gaming activities are conducted shall * * * be located on 1039
property entirely under the exclusive use and control of the 1040
gaming licensee or proposed licensee based on its ownership or 1041
lease thereof that extends from the gaming floor to the mean 1042
high-water line and such land is capable of accommodating the 1043
minimum improvement requirements set forth in Section 75-76-67(4); 1044
(c) On a vessel as defined in Section 27-109-1 whenever 1045
such vessel is on the Mississippi River or navigable waters within 1046
any county bordering on the Mississippi River, and in which the 1047
registered voters of the county in which the port is located have 1048
not voted to prohibit such betting, gaming or wagering on vessels 1049
as provided in Section 19-3-79; or 1050
(d) That is legal under the laws of the State of 1051
Mississippi. 1052
SECTION 17. This act shall take effect and be in force from 1053
and after July 1, 2026. 1054