Senate Bill 2194

AN ACT TO AMEND SECTIONS 3-3-15 AND 37-13-5, MISSISSIPPI CODE OF 1972, TO REQUIRE GOVERNMENTAL ENTITIES THAT RECEIVE STATE FUNDS AND PUBLIC COLLEGES AND 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 GOVERNMENTAL ENTITY IS LOCATED AND ON EACH CAMPUS OF EACH PUBLIC COLLEGE OR UNIVERSITY OR SCHOOL DISTRICT; TO REQUIRE THAT IF A GOVERNMENTAL ENTITY OR A PUBLIC COLLEGE OR UNIVERSITY OR SCHOOL DISTRICT IS NOT DISPLAYING THE OFFICIAL STATE FLAG AS REQUIRED BY THIS SECTION, THE GOVERNOR SHALL NOTIFY THE GOVERNMENTAL ENTITY OR THE PUBLIC COLLEGE OR UNIVERSITY OR SCHOOL DISTRICT OF THE NONCOMPLIANCE, AND THE STATE FISCAL OFFICER SHALL WITHHOLD ALL STATE FUNDING FOR SUCH PUBLIC ENTITY UNTIL SUCH TIME AS IT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION; TO PROVIDE THAT LOCAL GOVERNMENTAL ENTITIES OR HOMEOWNERS ASSOCIATIONS SHALL NOT PROHIBIT THE DISPLAY OF THE STATE FLAG ON PRIVATE PROPERTY OR PUBLIC PROPERTY WHICH IS LEASED TO A PRIVATE ENTITY; 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 * * * shall be displayed on Monday through Friday of each week from sunrise to sunset on or at each building in which an office of a governmental entity that receives state funds is located and on each campus of each public college or university or public school district; however, the state flag may be displayed from all public buildings and on public college or university or public school district 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, and the state flag shall never be displayed on a flagpole above the flag of the United States of America.

(2) (a) If the Governor receives notification or otherwise has knowledge that a governmental entity that receives state funds or a public college or university or public school district is not displaying the official state flag as required by subsection (1) of this section, the Governor shall notify the governmental entity or the public college or university or the public school district in writing that:

(i) He has information indicating that the governmental entity or the public college or university or public school district is not in compliance with the requirements of subsection (1) of this section; and

(ii) The governmental entity or the public college or university or the public school district has thirty (30) days to show to the satisfaction of the Governor that it is in compliance with the requirements of subsection (1) of this section.

(b) If the governmental entity or the public college or university or public school district does not meet the requirements of subsection (1) of this section, the Governor shall direct (i) the Board of Trustees of State Institutions of Higher Learning to withhold all state funds for the support of such university or college, or (ii) the board of trustees of the community or junior college district to withhold all state funds for the support of such community college, or (iii) the local school board to withhold all state funds for the support of such school district, or (iv) the State Fiscal Officer to withhold all state funds for the support of such governmental entity, as the case may be, until such time as the university, college, public school district or governmental entity complies with the requirements of this section.

(c) The State Fiscal Officer, upon receipt of notification from the Governor under paragraph (b) of this subsection that a governmental entity or a public college or university or public school district is not in compliance with the requirements of subsection (1) of this section, shall withhold the payment specified in paragraph (b) of this subsection until such time as it is in compliance with the requirements of subsection (1) of this section, as determined by the Governor.

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.

(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. (1) A local unit of government shall not adopt or enforce an ordinance, resolution, rule, or regulation that prohibits the display of a flag of the United States or the state flag of Mississippi on private property, including any public property leased by a private entity, such as 16th section school land. As used in this section, "local unit of government" means a county or municipality.

(2) A homeowners association or neighborhood association shall not adopt a resolution, rule, or regulation that prohibits the display of a flag of the United States or a state flag of Mississippi on private property.

(3) Nothing in this section shall be considered to permit any display or use of the flag of the United States that is inconsistent with any provision of Title 4, Chapter 1, United States Code, or any rule or custom pertaining to the proper display or use of the flag of the United States (as established pursuant to such chapter or any otherwise applicable provision of law).

SECTION 4. This act shall take effect and be in force from and after July 1, 2021.