Senate Bill 2592

AN ACT TO AMEND SECTIONS 3-3-15 AND 37-13-5, MISSISSIPPI CODE OF 1972, TO REQUIRE THE STATE FLAG TO BE DISPLAYED IF THE UNITED STATES FLAG IS DISPLAYED FROM ALL PUBLIC BUILDINGS OWNED OR LEASED BY A PUBLIC UNIVERSITY, COLLEGE OR SCHOOL DISTRICT; TO PROVIDE A STATUTORY PENALTY AGAINST THE AGENCY HEAD, UNIVERSITY PRESIDENT OR SCHOOL DISTRICT SUPERINTENDENT FOR ANY STATE AGENCY, UNIVERSITY, COLLEGE OR SCHOOL DISTRICT THAT DOES NOT DISPLAY THE STATE FLAG AND UNITED STATES FLAG; TO AUTHORIZE ANY MISSISSIPPI CITIZEN TO SEEK AN INJUNCTION TO ENFORCE THIS ACT; 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) If the United States Flag is displayed, the state flag * * * ~~may~~ shall also be displayed from all public buildings in the State of Mississippi from sunrise to sunset * * *;. For purposes of this section, "public buildings" means any building owned or leased by (a) a state agency, (b) a county, (c) a municipality, (d) a state-supported university or community college, (e) a public school district, and (f) any other political subdivision of the State of Mississippi. Any state agency, state-supported university, community college, or public school that does not display the state flag as required under this section shall be subject to a penalty as follows: the Governor shall direct (a) the State Department of Finance and Administration to withhold one hundred percent (100%) of that state agency director's monthly salary, or (b) the Board of Trustees of State Institutions of Higher Learning to reduce that university or college president's monthly salary by one hundred percent (100%), or (c) the local school board to reduce that school superintendant's monthly salary by one hundred percent (100%), as the case may be, until such time as the state agency, university, college or public school district complies with the requirements of this section. 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 citizen of the State of Mississippi may seek an injunction in the court with proper jurisdiction to enforce the provisions of this section. Any citizen who prevails in the award of an injunction or settlement in an action brought under this section shall be entitled to court costs and attorney's fees.

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

37-13-5. (1) The 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 in compliance with the provisions of Section 3-3-15, Mississippi Code of 1972.

(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.

SECTION 3. This act shall take effect and be in force from and after July 1, 2017.