Bill Text: MS SB2297 | 2025 | Regular Session | Introduced
Bill Title: Concurrent jurisdiction; provide for between federal and state governments over certain lands.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2025-01-20 - Referred To Public Property [SB2297 Detail]
Download: Mississippi-2025-SB2297-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Public Property
By: Senator(s) DeLano
Senate Bill 2297
AN ACT TO AMEND SECTION 3-5-5, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CONCURRENT JURISDICTION BETWEEN FEDERAL AND STATE GOVERNMENTS OVER CERTAIN LANDS; TO REQUIRE WRITTEN NOTICE; TO PROVIDE FOR ACCEPTANCE; TO AUTHORIZE LOCAL AGREEMENTS; TO AMEND SECTION 3-5-9, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 3-5-5, Mississippi Code of 1972, is amended as follows:
3-5-5. (1) The exclusive jurisdiction in and over any land which has heretofore been, or may hereafter be, so acquired by the United States is hereby ceded to the United States for all purposes, except that the state retains the right to serve thereon all civil and criminal processes, and all laws of this state shall continue to operate over such land as provided in Section 3-5-9. The jurisdiction ceded hereby shall not vest until the United States shall have acquired title to the lands by purchase, condemnation, or otherwise, and shall continue no longer than the United States shall own such lands for the purposes for which acquired.
(2) Full or partial concurrent
jurisdiction may be relinquished to the state as to land or interests therein
under the supervision and control of the * * * United States, including
any agency, department or branch of the military as follows:
(a) Notice in writing * * * shall be given by the United States
to the Governor stating the intent to relinquish jurisdiction and stating
specifically the extent of such relinquishment * * *, including:
(i) Clearly stating the subject matter for the concurrent jurisdiction request, specifically identifying whether it includes juvenile delinquency and status offenses;
(ii) Providing a metes and bounds description of the boundary of the concurrent jurisdiction request; and
(iii) Indicating whether the request includes future contiguous expansions of land acquired for military purposes.
(b) Acceptance.
(i) The Governor's written acceptance shall confirm each of the elements of the request that are accepted; and
(ii) The Governor may accept or reject such relinquishment of jurisdiction by Executive Order filed with the Secretary of State prior to the effective date of such relinquishment. Upon request of any party or court, the Secretary of State shall certify by letter which shall be sufficient proof of the existence or nonexistence of such executive order.
(c) Such relinquishment shall be effective as of 12:00 midnight of the last day of the month next succeeding the month in which such notice is received by the Governor.
(3) Upon the establishment of concurrent jurisdiction, any state or local agency may enter into a reciprocal agreement (Memorandum of Understanding) with any agency of the United States for coordination and designation of responsibilities related to the concurrency.
SECTION 2. Section 3-5-9, Mississippi Code of 1972, is amended as follows:
3-5-9. The concession of jurisdiction to the United States over any part of the territory of the state, heretofore or hereafter made, shall not prevent the execution on such land of any process, civil or criminal, under the authority of this state, nor prevent the laws of this state, including all laws applicable to juveniles, from operating over such land; saving to the United States security to its property within the limits of the jurisdiction ceded.
SECTION 3. This act shall take effect and be in force from and after July 1, 2025.
