House Bill 165

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 REQUIRE THAT IF A COUNTY OR MUNICIPALITY IS NOT DISPLAYING THE OFFICIAL STATE FLAG AS REQUIRED BY THIS SECTION, THE ATTORNEY GENERAL SHALL NOTIFY THE COUNTY OR MUNICIPALITY OF THE NONCOMPLIANCE, AND THE STATE FISCAL OFFICER SHALL WITHHOLD THE PAYMENT OF ALL STATE FUNDS TO THE COUNTY OR MUNICIPALITY UNTIL SUCH TIME AS IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF 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 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 Two Thousand Five Hundred Dollars ($2,500.00) 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.

(3) (a) If the Attorney General receives notification or otherwise has knowledge that a county or municipality ("local government") is not displaying the official state flag as required by subsection (1) of this section, the Attorney General shall notify the local government in writing that:

(i) He or she has information indicating that the local government is not in compliance with the requirements of subsection (1) of this section;

(ii) The local government has thirty (30) days to show to the satisfaction of the Attorney General that it is in compliance with the requirements of subsection (1) of this section; and

(iii) If the local government does not meet the requirements of subparagraph (ii) of this paragraph, the Attorney General will notify the State Fiscal Officer of the local government's noncompliance with the requirements of subsection (1) of this section, and the State Fiscal Officer will withhold the payment of all state funds from the State Treasury to the local government until such time as it is in compliance with the requirements of subsection (1) of this section.

(b) The State Fiscal Officer, upon receipt of notification from the Attorney General under subsection (1) of this section that a local government is not in compliance with the requirements of subsection (1) of this section, shall withhold the payment of all state funds from the State Treasury to the local government until such time as it is in compliance with the requirements of subsection (1) of this section, as determined by the Attorney General.

SECTION 2. This act shall take effect and be in force from and after July 1, 2019.