House Bill 1003

AN ACT TO AMEND SECTION 3-3-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DISPLAY OF THE CURRENT STATE FLAG AT OR ON ANY BUILDING OR OTHER PROPERTY OWNED OR LEASED BY THE STATE OF MISSISSIPPI UNTIL THE LEGISLATURE CHANGES THE DESIGN OF THE OFFICIAL STATE FLAG TO A DESIGN THAT DOES NOT INCLUDE THE CONFEDERATE BATTLE FLAG; TO BRING FORWARD SECTION 3-3-16, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THE DESIGN OF THE OFFICIAL STATE FLAG, FOR THE PURPOSES OF POSSIBLE AMENDMENT; 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) Except as otherwise provided in subsection (2) of this section, the state flag may be displayed from all public buildings from sunrise to sunset; 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) Notwithstanding the provisions of subsection (1) of this section, the official state flag having the design described in Section 3-3-16 as of July 1, 2020, shall not be flown or displayed at or on any building, facility, structure or other property owned or leased by the State of Mississippi or any agency, department or institution of the state until the Legislature changes the design of the official state flag to a design that does not include the Confederate Battle Flag, at which time the new state flag may be displayed as provided in subsection (1).

SECTION 2. Section 3-3-16, Mississippi Code of 1972, is brought forward as follows:

3-3-16. The official flag of the State of Mississippi shall have the following design: with width two-thirds (2/3) of its length; with the union (canton) to be square, in width two-thirds (2/3) of the width of the flag; the ground of the union to be red and a broad blue saltire thereon, bordered with white and emblazoned with thirteen (13) mullets or five-pointed stars, corresponding with the number of the original States of the Union; the field to be divided into three (3) bars of equal width, the upper one blue, the center one white, and the lower one, extending the whole length of the flag, red (the national colors); this being the flag adopted by the Mississippi Legislature in the 1894 Special Session.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.