House Bill 1549

AN ACT TO AMEND SECTION 3-3-15, MISSISSIPPI CODE OF 1972, TO REQUIRE STATE AGENCIES, COUNTIES, MUNICIPALITIES, PUBLIC COLLEGES AND PUBLIC UNIVERSITIES TO DISPLAY THE OFFICIAL STATE FLAG ON MONDAY THROUGH FRIDAY OF EACH WEEK ON OR AT EACH BUILDING IN WHICH AN OFFICE OF THE STATE, COUNTY OR MUNICIPAL GOVERNMENT IS LOCATED AND ON EACH CAMPUS OF EACH PUBLIC COLLEGE OR UNIVERSITY; TO PROVIDE THAT ANY STATE AGENCY, COUNTY, MUNICIPALITY, PUBLIC COLLEGE OR PUBLIC UNIVERSITY THAT DOES NOT DISPLAY THE OFFICIAL STATE FLAG AS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY FOR EACH DAY OF INTENTIONAL OR WILLFUL NONCOMPLIANCE WITH THIS SECTION; TO AMEND SECTION 37-13-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY SCHOOL DISTRICT IN WHICH A SCHOOL DOES NOT DISPLAY THE OFFICIAL STATE FLAG AS REQUIRED BY THIS SECTION SHALL BE SUBJECT TO A CIVIL PENALTY FOR EACH DAY OF INTENTIONAL OR WILLFUL NONCOMPLIANCE WITH THIS SECTION; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 3-3-15, Mississippi Code of 1972, is amended as follows:

3-3-15. (1) The official state flag * * *~~may~~ shall be displayed * * *~~from all public buildings~~ on Monday through Friday of each week from sunrise to sunset on or at each building in which an office of the state, county or municipal government is located and on each campus of each public college or university * * *;. However, the state flag may be displayed from all public buildings and on public college or university campuses twenty-four (24) hours a day if properly illuminated. The state flag should not be displayed when the weather is inclement, except when an all-weather flag is displayed. The state flag shall receive all of the respect and ceremonious etiquette given the American flag. * * * ~~Provided,~~ However, nothing in this section shall be construed so as to affect the precedence given to the flag of the United States of America.

(2) Any state agency, county, municipality, public college or public university that does not display the official state flag as required by subsection (1) of this section shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each day of intentional or willful noncompliance with subsection (1). The civil penalty shall be assessed and levied by the Attorney General after a hearing, and all such penalties collected shall be deposited into the State General Fund.

SECTION 2. Section 37-13-5, Mississippi Code of 1972, is amended as follows:

37-13-5. (1) The official flag of the State of Mississippi and the flag of the United States shall be displayed in close proximity to the school building at all times during the hours of daylight when the school is in session when the weather will permit without damage to the flag. It shall be the duty of the board of trustees of the school district to provide for the flags and their display.

(2) Whenever the flag of the United States is to be flown at half-staff by order or instructions of the President or pursuant to federal law, all public schools shall lower the United States flag in accordance with the executive order or instructions or federal law. The school shall announce the reason that the flag is being flown at half-staff to all students in assembly or by teachers in the various classrooms or by prominently displaying written notice throughout the school stating the reason that the flag has been lowered.

(3) In all public schools there shall be given a course of study concerning the flag of the United States and the flag of the State of Mississippi. The course of study shall include the history of each flag and what they represent and the proper respect therefor. There also shall be taught in the public schools the duties and obligations of citizenship, patriotism, Americanism and respect for and obedience to law.

(4) Any school district in which a school does not display the official flag of the State of Mississippi as required by subsection (1) of this section shall be subject to a civil penalty of Five Hundred Dollars ($500.00) for each day of intentional or willful noncompliance with subsection (1). The civil penalty shall be assessed and levied by the Attorney General after a hearing, and all such penalties collected shall be deposited into the State General Fund.

SECTION 3. This act shall take effect and be in force from and after July 1, 2016.