Senate Bill 2271

AN ACT TO AMEND SECTION 3-3-15, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT THE STATE FLAG SHALL BE DISPLAYED FROM ALL PUBLIC BUILDINGS IN THE STATE; TO CODIFY SECTION 3-3-16, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROHIBITION AGAINST THE ALTERATION OF CERTAIN HISTORICAL MONUMENTS AND MEMORIALS; 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. The state flag shall 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.

SECTION 2. The following provision shall be codified as Section 3-3-16, Mississippi Code of 1972:

3-3-16. None of the following items, structures or areas may be relocated, removed, disturbed, altered, renamed or rededicated: Any Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native-American or African-American historical statue, monument, memorial or nameplate, which has been erected on public property of the state or any of its political subdivisions; and any statue, monument, memorial, nameplate, street, bridge, building, park, preserve, reserve or other public item, structure or area of the state or any of its political subdivisions, which has been dedicated in memory of or named for any historical figure or historical event.

No person may prevent the public body responsible for maintaining any of the items, structures or areas described above from taking proper measures and exercising proper means for the protection, preservation and care of those items, structures or areas.

The provisions of this section may be amended or repealed only upon passage of an act that has received a two-thirds (2/3) vote on final passage in each house of the Legislature.

SECTION 3. This act shall take effect and be in force from and after July 1, 2002.