Mississippi Antiquities Law; amend to provide certain exemptions for universities and colleges.

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To: Public Property
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Williams

SENATE BILL NO. 2594
(As Passed the Senate)

AN ACT TO AMEND SECTION 39-7-4, MISSISSIPPI CODE OF 1972, TO 1
DEFINE "BLIGHT"; TO AMEND SECTION 39-17-19, MISSISSIPPI CODE OF 2
1972, TO ALLOW THE BOARD TO GRANT PERMITS FOR THE PURPOSE OF 3
DEMOLISHING ALL OR PORTIONS OF CERTAIN BLIGHTED BUILDINGS OR 4
PROPERTY; TO AMEND SECTION 39-7-22, MISSISSIPPI CODE OF 1972, TO 5
PROTECT STRUCTURES POTENTIALLY ELIGIBLE FOR DESIGNATION AS 6
MISSISSIPPI LANDMARKS; TO AMEND SECTION 29-5-2, MISSISSIPPI CODE 7
OF 1972, TO REQUIRE THE DEPARTMENT OF FINANCE AND ADMINISTRATION 8
TO RETAIN ARCHITECTS, ENGINEERS AND OTHER PROFESSIONALS FOR THE 9
PURPOSES OF ASSESSING CERTAIN BUILDINGS DESIGNATED AS MISSISSIPPI 10
LANDMARKS; TO BRING FORWARD SECTIONS 39-7-11, 39-7-13, 39-7-15, 11
39-7-17, 39-7-21, 39-7-23, 39-7-25, 39-7-27, 39-7-29, 39-7-31, 12
39-7-33, 39-7-35, 39-7-37, 39-7-39, 39-7-41, MISSISSIPPI CODE OF 13
1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED 14
PURPOSES. 15
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 16
SECTION 1. The Legislature finds and declares that: 17
(a) Publicly owned properties that have historical, 18
cultural or architectural significance play a critical role in 19
preserving Mississippi's heritage; 20
(b) Special consideration must be given to properties 21
designated as Mississippi Landmarks as they hold exceptional 22
significance and require strict compliance with federal and state 23
preservation laws; and 24
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(c) It is necessary to consider practical and economic 25
issues while ensuring the preservation of architectural and 26
historical integrity of publicly owned buildings designated as 27
Mississippi Landmarks, especially with regard to buildings located 28
on public university and community college campuses. 29
SECTION 2. Section 39-7-4, Mississippi Code of 1972, is 30
amended as follows: 31
39-7-4. For the purpose of this chapter, the following 32
definitions shall apply: 33
(a) "Historical significance" means that quality or 34
qualities associated with events that have made a significant 35
contribution to the broad patterns of state, local or national 36
history, or that quality or qualities associated with the lives of 37
persons significant in local, state or national history. 38
(b) "Architectural significance" means the qualities 39
which embody the distinctive characteristics of type, period or 40
method of construction, or that represent the work of a master, or 41
that possess high artistic value. 42
(c) "Archeological significance" means possessing the 43
quality or qualities which have yielded, or may be likely to 44
yield, information important in Mississippi prehistory or history. 45
(d) "Department" means the Mississippi Department of 46
Archives and History. 47
(e) "Board" means the board of trustees of the 48
Mississippi Department of Archives and History. 49
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(f) "Agency" means any administrative division of the 50
State of Mississippi, its counties, cities or political 51
subdivisions thereof. 52
(g) "Restoration" means the returning of an object, 53
building, structure or site to a prior condition or to an original 54
historic appearance. 55
(h) (i) "Blight" means a building or area which by 56
reason of dilapidation, deterioration, age or obsolescence; 57
inadequate provision for ventilation, light, air, sanitation or 58
open spaces; high density of population or overcrowding; existence 59
of conditions which endanger life or property by fire and other 60
causes; or any combination of such factors, is conducive to ill 61
health, transmission of disease, infant mortality, juvenile 62
delinquency or crime and is detrimental to the public health, 63
safety, morals or welfare. "Blight" also means any combination of 64
factors which substantially impair or arrest the sound growth of a 65
county, city, public university or community college, or any other 66
political subdivision of the state, inhibit the provisions of 67
housing accommodations, or constitute an economic or social 68
liability and are a menace to the public health, safety, morals or 69
welfare. 70
(ii) For the purposes of this paragraph (h), 71
factors considered detrimental to the public health, safety, 72
morals or welfare shall include, but are not limited to including, 73
prostitution, trafficking and substance abuse. 74
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SECTION 3. Section 39-7-19, Mississippi Code of 1972, is 75
amended as follows: 76
39-7-19. (1) The board shall be authorized to issue permits 77
to other state agencies or institutions and to qualified private 78
institutions, companies, or individuals for the taking, salvaging, 79
excavating, restoring, or the conducting of scientific or 80
educational studies at, in or on Mississippi Landmarks as in the 81
opinion of the board would be in the best interest of the State of 82
Mississippi. Such permits may provide for the retaining by the 83
permittee of a portion of any recovery, as set out for contracting 84
parties under Section 39-7-17. Such permit shall provide for the 85
termination of any rights in the permittee thereunder upon the 86
violation of any of the terms thereof and shall be drafted in 87
compliance with forms approved by the Attorney General. All such 88
permits shall specify, among other things, the location, nature of 89
the activity, and time period covered thereby. No person, firm, 90
or corporation shall conduct any such operations on any 91
Mississippi Landmarks without first obtaining and having in his or 92
its possession such permit at the site of such operation, nor 93
shall such operations be conducted in violation of the provisions 94
of such permit. 95
(2) In the case of buildings or structures located on public 96
university or community college campuses, the Board of Trustees of 97
State Institutions of Higher Learning and the Mississippi 98
Community College Board, as applicable, may, in conjunction with 99
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the board of trustees of the Mississippi Department of Archives 100
and History, issue permits to their member institutions allowing 101
the demolition of all or portions of designated buildings or 102
structures of historical significance, which have become 103
abandoned, vacant, or blighted and for which the public owner has 104
no current or foreseeable use. The boards shall issue a permit 105
allowing the demolition of all or portions of designated buildings 106
or structures where it is structurally or economically infeasible 107
to restore. For the purpose of this section, economically 108
infeasible shall mean the cost to restore exceeds fifty percent 109
(50%) of the replacement value of the building or structure. 110
Where consideration of total or partial demolition of a currently 111
designated building is requested, the institution where the 112
property is located may be required by the department to provide a 113
structural feasibility study by a licensed structural engineer 114
with experience with historic properties and/or an estimate of 115
cost by a licensed architect or engineer with historic property 116
experience. 117
SECTION 4. Section 39-7-22, Mississippi Code of 1972, is 118
amended as follows: 119
39-7-22. (1) In the early stages of planning and always 120
prior to the letting of bids for public construction, public 121
improvement of any nature, demolition or the transfer of public 122
property to private ownership, state agencies, local governments 123
and all their political subdivisions, including public 124
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universities and community colleges, shall notify the board of the 125
planned action on a form supplied by the board. The board may 126
survey the affected area, property, structure, or building, to 127
determine if currently designated or potential Mississippi 128
Landmarks will be affected, or if significant sites, buildings, or 129
structures on nonpublic lands will be affected. No modifications 130
to a currently designated Mississippi Landmark shall take place 131
until a permit including such reasonable conditions as may be 132
required to preserve landmark designation is issued by the 133
relevant boards. At any time during the review and consideration 134
of a proposed modification to a currently designated Mississippi 135
Landmark, a public owner, including a public university or 136
community college, may appeal any proposed condition of approval 137
to the board of trustees that it believes to be unreasonable, 138
impractical or cost prohibitive. The department may require such 139
appeal to be in writing and supported by analysis prepared by a 140
licensed architect or engineer with historic property experience. 141
(2) If the department determines that significant historic, 142
architectural, or archaeological sites, buildings, structures, 143
locations, or remains that are potentially eligible for 144
designation as Mississippi Landmarks will be adversely affected by 145
the public construction * * *, improvement, demolition or 146
transfer, the proposed public construction * * *, improvement, 147
demolition or transfer may not be commenced until the department 148
has * * * submitted notice to the board for consideration of 149
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Mississippi Landmark designation. Should the board decline to so 150
designate, or fail to make such designation within ninety (90) 151
days of the submission of the notice to the department, the 152
proposed public construction, improvement, demolition or transfer 153
may proceed. If the department recommends landmark designation of 154
a building or structure which a state agency, local government or 155
political subdivision, including a public university or community 156
college, has proposed for total or partial demolition, the 157
department shall provide to the board a structural feasibility 158
study by a licensed structural engineer and an estimate of cost to 159
restore such building or structure to useful condition. Where 160
such restoration is structurally infeasible or the cost to restore 161
to useful condition would exceed fifty percent (50%) of the 162
replacement value of the building or structure, the department 163
shall not recommend landmark designation to the board. 164
(3) If in the course of performing public 165
construction * * *, improvement * * *, demolition or transfer, 166
historic, prehistoric or archaeological sites, locations, remains 167
or objects are discovered, the department shall be notified and 168
its concurrence shall be requested in continuing the 169
construction * * *, improvement, demolition or transfer. Upon 170
receipt of this notice, the department shall survey the area to 171
confirm whether the area contains historic, prehistoric, or 172
archaeological data which should be preserved in the public 173
interest. The survey shall be conducted as expeditiously as 174
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possible. If, as a result of the survey, it is determined that 175
(a) this data exists in the area, (b) the data has exceptional 176
historic, prehistoric or archaeological significance and should be 177
collected and preserved in the public interest, and (c) it is 178
feasible to collect and preserve the data, the department shall 179
perform the necessary work to collect and preserve the data. This 180
work shall be performed as expeditiously as possible. When it is 181
not feasible to collect the data, the agency shall make all 182
reasonable attempts to avoid the site before proceeding. If in 183
the board's opinion the site possesses unusual significance, and 184
is unique to such a degree that the landmark is, or is likely to 185
be, the sole representative of a type or period, the board may 186
prohibit further construction which would destroy or irreparably 187
harm the landmark. 188
SECTION 5. Section 29-5-2, Mississippi Code of 1972, is 189
amended as follows: 190
29-5-2. The duties of the Department of Finance and 191
Administration shall be as follows: 192
(a) (i) To exercise general supervision and care over 193
and keep in good condition the following state property located in 194
the City of Jackson: the New State Capitol Building, the Woolfolk 195
State Office Building and Parking Garage, the Carroll Gartin 196
Justice Building, the Walter Sillers Office Building and Parking 197
Garage, the War Veterans' Memorial Building, the Charlotte Capers 198
Building, the William F. Winter Archives and History Building, the 199
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Mississippi Museum Complex, the Gulf, Mobile and Ohio Train Depot 200
(GM&O Depot), the Old State Capitol Building, the Governor's 201
Mansion, the Heber Ladner Building, the Robert E. Lee Office 202
Building, the Robert E. Lee Parking Garage, the former Naval 203
Reserve Center, 515 East Amite Street, 620 North Street, 660 North 204
Street, 700 North State Street, 350 High Street, 401 North Lamar 205
Street, 455 North Lamar Street, the State Records Center, the 206
Robert G. Clark, Jr. Building, the Mississippi State Fairgrounds 207
Complex, the former Central High Building, the Mississippi 208
Workers' Compensation Commission Office Building, as well as all 209
state-owned or leased buildings situated on seat of government 210
property. 211
(ii) To exercise general supervision and care over 212
and keep in good condition the Dr. Eldon Langston Bolton Building 213
located in Biloxi, Mississippi. 214
(iii) To exercise general supervision and care 215
over and keep in good condition the State Service Center, located 216
at the intersection of U.S. Highway 49 and John Merl Tatum 217
Industrial Drive in Hattiesburg, Mississippi. 218
(iv) To exercise general supervision and care over 219
and keep in good condition any property purchased, constructed or 220
otherwise acquired by the State of Mississippi for conducting 221
state business and not specifically under the supervision and care 222
by any other state entity, but which is reasonably assumed the 223
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department would be responsible for such, as approved by the 224
Public Procurement Review Board, including, but not limited to: 225
1. The National Aeronautics and Space 226
Administration (NASA) Shared Services Center and Lockheed Martin 227
Building at Stennis Space Center; 228
2. The Mississippi Sports Hall of Fame; 229
3. The Mississippi Crafts Center; 230
4. The Mississippi Children's Museum; and 231
5. The Mississippi Arts and Entertainment 232
Center. 233
(b) To assign suitable office space for the various 234
state departments, officers and employees who are provided with an 235
office in any of the buildings under the jurisdiction or control 236
of the Department of Finance and Administration. However, the 237
assignment of space in the New Capitol Building shall be 238
designated by duly passed resolution of the combined Senate Rules 239
Committee and the House Management Committee, meeting as a joint 240
committee, approved by the Lieutenant Governor and Speaker of the 241
House of Representatives. A majority vote of the members of the 242
Senate Rules Committee and a majority vote of the members of the 243
House Management Committee shall be required on all actions taken, 244
resolutions or reports adopted, and all other matters considered 245
by the full combined committee on occasions when the Senate Rules 246
Committee and the House Management Committee shall meet as a full 247
combined committee. 248
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(c) To approve or disapprove with the concurrence of 249
the Public Procurement Review Board, any lease or rental 250
agreements by any state agency or department, including any state 251
agency financed entirely by federal and special funds, for space 252
outside the buildings under the jurisdiction of the Department of 253
Finance and Administration, including space necessary for parking 254
to be used by state employees who work in the Woolfolk Building, 255
the Carroll Gartin Justice Building or the Walter Sillers Office 256
Building. In no event shall any employee, officer, department, 257
federally funded agency or bureau of the state be authorized to 258
enter into a lease or rental agreement without prior approval of 259
the Department of Finance and Administration and the Public 260
Procurement Review Board. 261
The Department of Finance and Administration is authorized to 262
use architects, engineers, building inspectors and other personnel 263
for the purpose of making inspections as may be deemed necessary 264
in carrying out its duties and maintaining the facilities. 265
This section is not intended to apply to locations for which 266
the Department of Finance and Administration has decided to 267
solicit proposals in accordance with subsection (e) of this 268
section. 269
(d) To acquire by lease, lease-purchase agreement, or 270
otherwise, as provided in Section 27-104-107, and to assign 271
through the Office of General Services, by lease or sublease 272
agreement from the office, and with the concurrence of the Public 273
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Procurement Review Board, to any state agency or department, 274
including any state agency financed entirely by federal and 275
special funds, appropriate office space in the buildings acquired. 276
(e) To solicit and approve or disapprove, 277
notwithstanding any rule of law to the contrary, and with the 278
concurrence of the Public Procurement Review Board, any lease, use 279
or rental agreement for a charge or other consideration for space 280
not exceeding three thousand (3,000) square feet in any individual 281
building listed in subsection (a) of this section, with a private 282
entry who will provide food and/or catering services for state 283
employees, visitors and the general public. 284
The department shall select the entity using a competitive 285
process which shall be publicly advertised. In addition to 286
satisfying any other requirements for the Public Procurement 287
Review Board's approval, the department must demonstrate that any 288
agreement entered into under this section will neither result in a 289
net cost to the state, nor impair or impede the function of state 290
agencies at such location. 291
(f) To retain architects, engineers and other 292
professionals for the purpose of assessment of buildings owned by 293
the state, its institutions, universities and community colleges 294
that are designated as Mississippi Landmarks by the Mississippi 295
Department of Archives and History, acting through its board of 296
trustees, or those that are potentially eligible for such 297
designation. 298
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SECTION 6. Section 39-7-11, Mississippi Code of 1972, is 299
brought forward as follows: 300
39-7-11. (1) All other sites, objects, buildings, 301
artifacts, implements, and locations of archaeological 302
significance, including, but expressly not limited to, those 303
pertaining to prehistoric and historical American Indian or 304
aboriginal campsites, dwellings, and habitation sites, their 305
artifacts and implements of culture, as well as archaeological 306
sites of every character that are located in, on or under the 307
surface of any lands belonging to the State of Mississippi or to 308
any county, city, or political subdivision of the state, are 309
hereby declared to be Mississippi Landmarks and are the sole 310
property of the State of Mississippi. Such sites may not be 311
taken, altered, destroyed, salvaged or excavated without a permit 312
from the board or in violation of the terms of such permit. 313
(2) All other sites, objects, buildings, artifacts, 314
implements, structures and locations of historical or 315
architectural significance located in or under the surface of any 316
lands belonging to the State of Mississippi or to any county, city 317
or political subdivision of the state may be declared to be 318
Mississippi Landmarks by majority vote of the board. Every 319
Mississippi Landmark shall be so designated based upon its 320
significance within the historical or architectural patterns of a 321
community, a county, the State of Mississippi, or the United 322
States of America. Upon such action by the board, the designation 323
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of the Mississippi Landmark shall be recorded in the deed records 324
of the county in which the landmark is located. All such 325
designated sites or items located on public lands within the State 326
of Mississippi may not be taken, altered, damaged, destroyed, 327
salvaged, restored, renovated or excavated without a permit from, 328
the board or in violation of the terms of such permit. 329
(3) All such sites or items located on private lands within 330
the State of Mississippi that have been designated as Mississippi 331
Landmarks as hereinafter provided, may not be taken, altered, 332
damaged, destroyed, salvaged, restored, renovated or excavated 333
without a permit from the board or in violation of the terms of 334
such permit. Such designation shall be reduced to recordable form 335
sufficiently describing the site so that it may be located and 336
shall be recorded in the deed records of the county in which the 337
landmark is located. 338
SECTION 7. Section 39-7-13, Mississippi Code of 1972, is 339
brought forward as follows: 340
39-7-13. Any site located upon private lands which is 341
determined by majority vote of the board to be of sufficient 342
archaeological, historical or architectural significance may be 343
designated by the board as a Mississippi Landmark. It is 344
specifically provided, however, that no such site shall be so 345
designated upon private land without the written consent of the 346
landowner or landowners in recordable form sufficiently describing 347
the site so that it may be located. Upon such designation the 348
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consent of the landowner shall be recorded in the deed records of 349
the county in which the land is located. Any such site upon 350
private land shall be marked by at least one (1) marker, approved 351
by the board, bearing the words "Mississippi Landmark" for each 352
five (5) acres of area. 353
SECTION 8. Section 39-7-15, Mississippi Code of 1972, is 354
brought forward as follows: 355
39-7-15. Upon majority vote of the board any Mississippi 356
Landmark on public or private land may be determined to be of no 357
further historical, archaeological, or architectural significance, 358
or not of sufficient significance to warrant its further 359
classification as such, and upon such determination it may be 360
removed from such designation. In the case of sites located on 361
private land that have theretofore been designated by instrument 362
of record, the board is authorized to cause to be executed and 363
recorded in the deed records of the county where such site is 364
located an instrument setting out such determination and releasing 365
the site from the provisions thereof. 366
SECTION 9. Section 39-7-17, Mississippi Code of 1972, is 367
brought forward as follows: 368
39-7-17. The board shall be authorized to enter into 369
contracts with other state agencies or institutions and with 370
qualified private institutions, corporations, or individuals for 371
the discovery and salvage of treasure imbedded in the earth, 372
sunken or abandoned ships or wrecks of the sea, parts thereof and 373
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their contents. Such contracts are to be on forms approved by the 374
Attorney General. The contracts may provide for fair compensation 375
to the salvager in terms of a percentage of the reasonable cash 376
value of the objects recovered, or at the discretion of the board, 377
of a fair share of the objects recovered. The amount constituting 378
a fair share shall be determined by the board, taking into 379
consideration the circumstances of each such operation. The 380
reasonable cash value may be determined by contract provision 381
providing for appraisal by qualified experts or by representatives 382
of the contracting parties and their representative or 383
representatives. Such contract shall provide for the termination 384
of any right in the salvager or permittee thereunder upon the 385
violation of any of the terms thereof. Superior title to all 386
objects recovered shall be retained by the State of Mississippi 387
unless and until it is released to the salvager or permittee by 388
the board. No person, firm, or corporation may conduct such 389
salvage or recovery operation herein described without first 390
obtaining such contract. All such contracts shall specify, among 391
other things, the location, nature of the activity, and the time 392
period covered thereby, and when executed are to be recorded by 393
the person, firm, or corporation obtaining such contract, in the 394
office of the chancery clerk in the county or counties where such 395
operations are to be conducted, prior to the commencement of such 396
operation. 397
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The board shall be authorized to conduct surveys to identify 398
Mississippi Landmarks on or under all lands and waters belonging 399
to the State of Mississippi, or any county, city or political 400
subdivisions of the state and to excavate or study all Mississippi 401
Landmarks. The board shall be further authorized to identify and 402
excavate historic, architectural, or archaeological sites on 403
private property, however, it is specifically provided that no 404
such survey may be undertaken on private land without consent of 405
the landowner and that no excavation may be undertaken on private 406
land without the landowner's written consent. 407
SECTION 10. Section 39-7-21, Mississippi Code of 1972, is 408
brought forward as follows: 409
39-7-21. All salvage or recovery operations described under 410
Section 39-7-17, and all operations conducted under permits set 411
out in Section 39-7-19, must be carried out under the general 412
supervision of the board, in accordance with reasonable rules and 413
regulations adopted by the board, and in such manner that the 414
maximum amount of historic, scientific, archeological, and 415
educational information may be recovered and preserved in addition 416
to the physical recovery of items. The board shall be the legal 417
custodian of all antiquities recovered, and is specifically 418
authorized and empowered to promulgate such rules and regulations 419
and to require such contract or permit conditions as to reasonably 420
effect the purposes of this chapter. 421
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SECTION 11. Section 39-7-23, Mississippi Code of 1972, is 422
brought forward as follows: 423
39-7-23. The board is hereby authorized to expend such sums, 424
from any appropriations hereafter made for such purposes, as it 425
may deem advisable, to purchase from the salvager or permittee 426
such salvager's or permittee's share, or portion thereof, of items 427
recovered which in the opinion of the board should remain the 428
property of the State of Mississippi. The board is authorized and 429
empowered to accept gifts, grants, devises, and bequests of money, 430
securities, or property to be used in the purchase of such items 431
from the salvager or permittee. Further, in this respect, the 432
board may enter into contracts or agreements with such persons, 433
firms, corporations, or institutions, as it might choose, whereby 434
such persons, firms, corporations, or institutions, for the 435
privilege of retaining temporary possession of such items, may 436
advance to the board the money necessary to procure from the 437
salvager or permittee such items as the board might determine 438
should remain the property of the State of Mississippi, upon the 439
condition that at any time the board may choose to repay to such 440
person, firm, corporation, or institution such sum so advanced, 441
without interest or additional charge of any kind, it may do so 442
and may recover possession of such items. During the time these 443
items are in the possession of the person, firm, corporation, or 444
institution advancing the money for the purchase thereof, they 445
shall be available for viewing by the general public without 446
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charge or at no more than a nominal admission fee, and such items 447
may not be removed from the State of Mississippi for appraisal, 448
exhibition, or restorative purposes, except upon written 449
authorization of the board. 450
SECTION 12. Section 39-7-25, Mississippi Code of 1972, is 451
brought forward as follows: 452
39-7-25. The restoration of antiquities for private parties 453
is authorized and shall be under the rules and regulations 454
promulgated by the board, and all costs incurred in such 455
restoration, both real and administrative, shall be paid by the 456
private party. 457
SECTION 13. Section 39-7-27, Mississippi Code of 1972, is 458
brought forward as follows: 459
39-7-27. No person shall intentionally reproduce, replicate, 460
retouch, rework, or forge any archeological or other object which 461
derives value from its antiquity, with intent to represent the 462
same to be original or genuine and with intent to deceive or offer 463
any such object for sale or exchange. 464
SECTION 14. Section 39-7-29, Mississippi Code of 1972, is 465
brought forward as follows: 466
39-7-29. No person shall intentionally and knowingly deface 467
any American Indian or aboriginal paintings, hieroglyphics, or 468
other marks or carvings on rock or elsewhere which pertain to 469
early American Indian or aboriginal habitation of the country. 470
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SECTION 15. Section 39-7-31, Mississippi Code of 1972, is 471
brought forward as follows: 472
39-7-31. No person, not being the owner thereof, and without 473
the written consent of the owner, proprietor, lessee, or person in 474
charge thereof, shall enter or attempt to enter upon the lands of 475
another and intentionally injure, disfigure, remove, excavate, 476
damage, take, dig into, or destroy any historical structure, 477
monument, marker, medallion, or artifact, or any prehistoric or 478
historic archaeological site, American Indian or aboriginal 479
remains located in, on or under any private lands within the State 480
of Mississippi. No person without a permit from the board, and 481
without written permission of the landowner, shall intentionally 482
injure, disfigure, remove, excavate, damage, take, dig into, or 483
destroy any prehistoric or historic American Indian or aboriginal 484
burial. 485
SECTION 16. Section 39-7-33, Mississippi Code of 1972, is 486
brought forward as follows: 487
39-7-33. It shall be unlawful for any person, not being the 488
owner thereof, and without lawful authority, to willfully injure, 489
disfigure, remove or destroy any historical structure, monument, 490
marker, medallion, or artifact. 491
SECTION 17. Section 39-7-35, Mississippi Code of 1972, is 492
brought forward as follows: 493
39-7-35. (1) Any person violating any of the provisions of 494
this chapter shall be guilty of a misdemeanor, and upon conviction 495
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shall be punished by a fine of not less than Five Hundred Dollars 496
($500.00) and not more than Five Thousand Dollars ($5,000.00), or 497
by confinement in jail for not more than thirty (30) days, or by 498
both such fine and confinement. Each day of continued violation 499
of any provision of this chapter shall constitute a distinct and 500
separate offense for which the offender may be punished. 501
(2) The board at its discretion may grant a "finder's fee," 502
not to exceed Five Hundred Dollars ($500.00), for the arrest and 503
conviction of any person in violation of this chapter. 504
SECTION 18. Section 39-7-37, Mississippi Code of 1972, is 505
brought forward as follows: 506
39-7-37. In addition to, and without limiting the other 507
powers of the Attorney General of the State of Mississippi and 508
without altering or waiving any criminal penalty provision of this 509
chapter, the Attorney General shall have the power to bring an 510
action in the name of the State of Mississippi in any court of 511
competent jurisdiction to enjoin violations or threatened 512
violations of this chapter, and for the return of items taken in 513
violation of the provisions hereof, and for the restoration of 514
alterations made in violation of the provisions hereof. The venue 515
of such actions shall lie in the county in which the activity 516
sought to be enjoined is alleged to be taking place, or in the 517
county from which the items were taken. Any citizen in the State 518
of Mississippi shall have the power to bring an action in any 519
court of competent jurisdiction to enjoin violations or threatened 520
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violations of this chapter, and for the return of items taken in 521
violation of the provisions hereof. The venue of such actions 522
shall lie in the county in which the activity sought to be 523
enjoined is alleged to be taking place, or in the county from 524
which the items were taken. 525
SECTION 19. Section 39-7-39, Mississippi Code of 1972, is 526
brought forward as follows: 527
39-7-39. The chief administrative officers of all state 528
agencies and of all state and local governments are authorized and 529
directed to cooperate with and assist the board and the Attorney 530
General in carrying out the intent of this chapter. All law 531
enforcement agencies and officers, state and local, are authorized 532
and directed to assist in enforcing and in carrying out the intent 533
of this chapter. 534
SECTION 20. Section 39-7-41, Mississippi Code of 1972, is 535
brought forward as follows: 536
39-7-41. Records in the possession of the Mississippi 537
Department of Archives and History or any other public body as 538
defined in paragraph (a) of Section 25-61-3 which contain 539
information about the location of any specific archaeological site 540
and which in the opinion of any such agency possessing such 541
records would, upon the disclosure thereof, create a substantial 542
risk of damage or destruction to the historical value of such 543
archaeological site or create a substantial risk of damage or 544
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ST: Mississippi Antiquities Law; amend to
provide certain exemptions for universities and
colleges.
destruction to private property rights, shall be exempt from the 545
provisions of the Mississippi Public Records Act of 1983. 546
SECTION 21. This act shall take effect and be in force from 547
and after July 1, 2026, and shall stand repealed on June 30, 2026. 548