A flag is a symbol meant to unite a broad diversity of individuals under a common bond. It has become inarguable that the state flag of Mississippi, adopted by the legislature in 1894, no longer does so, and that is why we are in favor of replacing our current flag.

We do not discount the heartfelt meaning, often out of respect for their ancestors, that the current flag holds for many Mississippians who have known no other. However, we must not discount that particularly for many of our state’s black citizens it as a symbol of oppression and reflective of a time when their ancestors were denied the rights promised to all by America’s founding ideals.

Unlike what we see in cities across America, Mississippians are not looting, rioting, or destroying property, private or public. There are no rage-filled authoritarian mobs toppling statues and desecrating buildings. Instead, church leaders, business owners, elected officials, and private citizens have peacefully marched together and are deeply engaged in thoughtful and productive debate/conversation. It’s a model the nation should copy. If we love and empathize with our fellow man, we lend an ear to his perspective, even in disagreement, and we don’t assume evil motives. If we have to scream or demean to engage, it is likely that our argument is lacking in merit and in empathy.

It should be noted that we don’t come to this view because of the economic pressures applied by corporations, sports conferences, and celebrities. In fact, we believe denying economic benefits to athletes, local communities, entrepreneurs, and workers in order to achieve a political victory is counter to representative government and a dangerous way to make law. The citizens of Mississippi did not elect sports commissioners or corporate CEOs, but we did elect 52 Senators and 122 Representatives in a state of only three million people who are charged to represent us and who are authorized to act now in a bold and meaningful way, while still including the citizens of Mississippi in the process.

Our state legislature is empowered to take the first step now; to take down the current flag and then allow the citizens of Mississippi to engage in a process to determine exactly what should replace it. We could go without a state flag until that process is completed or we could simply replace the symbol of the Confederate Battle flag with the state’s official seal and motto as an interim step. 

There has been a significant swing in public sentiment in Mississippi on this issue, too. It’s not just Jackson’s elite, university leaders, and the economic development leaders who favor removing the current flag. A public opinion poll, conducted by the Tarrance Group last week, found 55 percent of voters favored changing the flag, which is a significant change from the results in 2019 when 54 percent of voters favored keeping the current flag. When asked about changing to a flag that includes the state seal and the motto, support for the change jumped to 72 percent. Of note, the survey showed support from a majority of both black and white Mississippians.

Although Mississippi, like other states, has a dark history of unequal treatment of some of its citizens, it’s also a place that has made remarkable progress over the last half century. The contributions of black and white Mississippians to music, literature, sports, politics, and visual arts are legendary. Our place as America’s most religious state, and one of its most generous, is well-earned.

From Ocean Springs to Tupelo, from Oxford to Laurel, and from Starkville to Natchez, Mississippi often defines what it is to be Southern and what it is to be American. James Earl Jones, Morgan Freeman, B.B. King, Muddy Waters, Robert Johnson, Jimmy Buffett, Elvis Presley, Leontyne Price, Bo Diddly, Oprah Winfrey, Tennessee Williams, William Faulkner, Eudora Welty, John Grisham, Donna Tartt, Jerry Rice, Walter Payton, Brett Favre, and Archie Manning are just some of the gifts Mississippi has given to the nation. 

There is much to be proud of in Mississippi, America’s “Hospitality State.” We can honor that name by removing a flag that doesn’t represent all of our citizens. We won’t do so because powerful outsiders tell us to. We will do it because we love our neighbors enough to give up a symbol that stirs the hearts of some for one that doesn’t pain the hearts of others. We’re not suggesting we destroy the symbols or monuments of our shared history.

Rather, let’s honor all of our ancestors by leaning together into a future that delivers on the promise of one nation, under God, indivisible, with liberty and justice for all. All of America could benefit from such a show of unity.

The legislature hit their most recent deadline yesterday as committees had to report on bills that originated in the opposite chamber. Everything that did not clear a committee yesterday is dead for the year. 

It was a mix of a day, but a number of liberty bills remain alive in some form or fashion.

• House Bill 1422 was a regulatory reduction pilot program. The way the bill works is the Mississippi Departments of Health, Transportation, Agriculture and Commerce, and Information Technology Services would have review its existing regulations, accept written comments from the public for 60 days following the review and conduct at least two public hearings for citizens and businesses to identify any rule or regulation that is burdensome. Each of the agencies covered in the pilot program would have to reduce their regulations by: 10 percent by December 31, 2020, 20 percent by December 31, 2021, and 30 percent by December 31, 2022. This bill wasn’t acted upon in the Senate, but a smaller bill that has already passed the Senate is still alive in the House. Senate Bill 2605 will implement a similar program, exclusively for the Department of Environmental Quality and at five percent each year for the next three years. 
• The Senate also didn’t act on HB 1510, legislation to provide universal recognition of occupational licenses for military families. However, the House took SB 2117, which was a similar bill, and added language from HB 1510 to it. 
• Also alive, SB 2790 and HB 1104 would give the Occupational Licensing Review Commission the ability to do a review of an existing regulation to determine whether it increases economic opportunities for citizens by promoting competition and uses the least restrictive regulation to protect consumers. Right now, the OLRC, which is comprised of the governor, attorney general and secretary of state, is limited to review only new regulations. 
• HB 326 will expand the sales cap for cottage food operators from $20,000 to $35,000 and also remove the restriction on the prohibition of posting pictures of your goodies on Facebook and Instagram. 
• Legislation to expand the state’s Right to Try law is also still alive. Right to Try laws gives terminally ill patients the ability to try medicines that have not yet been approved by the federal government for market. SB 2830 would expand the current list of eligible patients to an individual with a traumatic injury and would also allow adult stem cells as a treatment option. 
• Though it will be heavily regulated, hemp legalization continues to move forward with SB 2725 still alive. 
• SB 2552 would remove the prohibition on how much alcohol a craft brewery can sell on its premises. Currently, breweries cannot sell more than 10 percent of what they produced at their own place of business each year.
• SB 2771 would extend the repealer on the related tax credits and increase the amount of credit for businesses as part of the Children’s Promise Act.

In this episode of Unlicensed, MCPP's Jameson Taylor speaks with Rep. Kent McCarty about the concept behind Learn to Earn. This is innovative legislation McCarty has authored that would expand alternative learning opportunities for students in Mississippi.

Follow: Spotify / Apple

Should someone who was allegedly trying to use a counterfeit bill be subject to the death penalty? Obviously, the answer is no, but as we know that is the story of George Floyd. Because of excessive police force, another man has lost his life and his future. 

This has led to varied reactions, from peaceful protests to violent riots to turning off the television or shutting down social media. Wherever you may fit, we know something needs to change. When it comes to police reform policy, where does that start?

End the practice of qualified immunity. When it comes to reform, few items have received more attention than what is known as qualified immunity, a practice that essentially shields law enforcement and all government officials from accountability for their actions. 

This is a creation of the Supreme Court and because of it Floyd’s family would likely have their claims against the officers dismissed because there isn’t a case from the 8th Circuit Court of Appeals (the jurisdiction for Minnesota) or the U.S. Supreme Court specifically holding that it is unconstitutional for police to kneel on the neck of a handcuffed man for nine minutes. With qualified immunity, you need to show that the rights were “clearly established.” A high and unnecessary bar. 

What does that look like? In Georgia, deputies attempted to shoot a dog, who did not even pose a threat, missed, and hit a 10-year-old child. The family of the child filed suit, but that was rejected by the 11th Circuit Court of Appeals because they could not find precedent declaring this type of conduct unconstitutional. The 11th Circuit even added that the officer should be protected because the officer meant to shoot the dog – not the child.    

Currently, the Supreme Court is hearing 13 different petitions to reconsider qualified immunity and a bill has been introduced in Congress to abolish the practice. 

Require liability insurance for law enforcement. Similar to medical malpractice insurance for doctors, liability insurance for law enforcement would hold individual officers accountable rather than shifting the burden to taxpayers for agency-wide payouts. Essentially, this incentivizes good behavior as fewer mistakes equates to lower costs. Very similar to your auto or home insurance. Conversely, if an officer becomes too high of a risk, they would become uninsurable, which is probably a good sign they shouldn’t be employed. 

On a similar note, we could prevent future uses of force by stripping certification for misconduct. This could be done by a council that is made up of civilians and/or elected officials. 

End the militarization of law enforcement. Local law enforcement agencies are allowed to freely acquire surplus military equipment for their work. This could include tanks, grenade launchers, helicopters, assault rifles, and various other military items. Law enforcement and the military are not the same thing, and do not do the same work. The legislature should prohibit agencies in Mississippi from participating in this program. 

Require body cameras. Because of technology, we have been able to see numerous examples of police misconduct that we otherwise might not have. But we should continue to move forward with policy that requires body camera use when force is being used by an officer or when a warrant is being served. After all, cameras show us not just wrongdoings of officers, but they can protect officers from dubious claims. If funding is needed, the legislature can create a grant program from forfeiture funds and oversee the disbursement of funds to local agencies. 

Require reporting of misconduct by fellow officers. Officers should hold each other accountable, but we have reporting from the Department of Justice that says that usually isn’t the case. According to the report, 84 percent of police officers have seen colleagues use excessive force on civilians, and 61 percent admit they don’t always report ‘even serious criminal violations that involve abuse of authority by fellow officers.’

Instead, we should legally require officers to report their colleagues who abuse their power and use excessive force. If they don’t, they should be held accountable. And those who bring forward complaints about misconduct should be protected from retaliation. 

We all want to live in safe communities. We all want to support law enforcement. But we cannot continue to turn a blind eye on those who are suffering because of bad actors. Those individuals need to be held accountable. But that won’t happen until we have the will to make the necessary reforms.

This column appeared in the Clarion Ledger on June 3, 2020.

Senate Bill 2053, sponsored by Sen. Angela Hill, will prohibit public officials from appearing in publicly funded advertisements during an election year.

Public officials would not be able to use taxpayer funds for advertisements that use their name, voice, or likeness starting on January 1 of an election year. This includes radio, television, internet, newspaper, and billboard advertisements.

Taxpayer funds would also not be allowed to sponsor a convention, conference, or seminar organized by a lobbyist. The legislation does expressly permit the continued use of taxpayer funds for association membership fees and registration and attendance of a convention, conference, or seminar.

MCPP has reviewed this legislation and finds that it is aligned with our principles and therefore should be supported. 

Read the bill here.  

Track the status of this bill and all bills in our legislative tracker. 

Thanks to government action, and through no fault of their own, private sector companies have taken it on the chin for two months now. 

Mostly, those have been small companies. Mostly, these are companies that don’t employ lobbyists and don’t hold valuable government contracts. Some of these companies don’t even have employees – beyond owners who derive their incomes through profits, not salaries.

Many of them did not get a Payroll Protection Program loan from the SBA. These are the entrepreneurs, small business owners, and self-starters we should take care of immediately. They display the kind of personal responsibility and resilience we should hold up as an example to the rest of the world.

The small business owners and entrepreneurs are the lifeblood of thriving economies. They focus on serving consumers and developing superior business models in highly-competitive environments. Sometimes, they even create whole new categories with their creative ideas and execution. 

They don’t line up for government grants, tax incentives, or contracts. They don’t spend time trying to entertain or seek favors from our elected representatives. These are the folks on the front lines. They are creating new products and services to serve their fellow citizens. They are risking their own capital or the capital of private investors or banks. In other words, these small business owners know best how to get the greatest return on their money – because they have to. 

Let’s make sure they are the ones who receive not only the first monies allocated by the legislature, but also the largest portion of it.

According to the Tax Policy Center, Mississippi leads all of the Southeast in terms of its local tax burden as a percentage of personal income. It has been hovering at or above 10% since 1997, putting Mississippi on par with high tax states like California, Illinois, Minnesota, and New York. In terms of local business taxes, Mississippi companies contribute about 75% of the local tax revenue, which is higher than all of our surrounding states and roughly 50% more than the national average. This acts as a damper on small business development, expansion, and start-ups.

While we’re putting a “restrictor plate” on small businesses and the private sector not directly engaged with government, we double down on government spending. According to a 2018 study from the Cato Institute, Mississippi has the nation’s highest percentage of state and local spending as a percentage of GDP. Over the last three decades, the percentage of state and local spending has increased. Today, it stands at roughly 21% of our GDP. 

According to most economists who study it, that’s about twice the optimal rate of government spending in order for a state to maximize economic growth.

The federal government has sent Mississippi $1.25 billion, through the CARES Act, to be used to address the economic damage from COVID-19. The legislature and the governor have agreed, in some way, to work together on the allocation of that money. 

The devil will be in the details. 

I’m worried by some of the things I’ve heard about the initial plans. Right now, it looks like $100 million, or eight percent of the funds, will be designated for small businesses who got no relief from the PPP funds in April. I’ve heard the plan is to send as much as $300 million, or 24% of the total, to small businesses. It’s a nice start and the right place to begin helping the economic recovery. 

However, what are the plans with the other 76%, representing $950 million in relief funds? Keep in mind, healthcare facilities have already received federal monies, as have airports and the Mississippi Department of Education.

I’m hearing certain government agencies, counties, and cities are looking for money from the CARES Act funds. State and local governments should be the last to receive such funds and only after they can demonstrate pandemic-caused expenses to be reimbursed. Personally, I would recommend we ask State Auditor Shad White and his team of auditors to oversee the verification process. 

Keep in mind, almost all government workers continued to get paid during the shutdown. And those who were furloughed are eligible to receive unemployment or to receive back pay. Some legislators are even talking about providing “hazard pay” to certain government workers. While we appreciate and value the work of many civil servants, we need to appreciate the fact that most of our private sector members of the workforce didn’t go on unemployment, won’t get back pay or hazard pay, and don’t even know what a pension is.

Putting fairness aside, one of the most important reasons for allocating the majority of the funds to the private sector is because we have an overwhelming amount of evidence that shows us the private sector allocates money more efficiently and effectively than the public sector. If anyone doubts that rule applies in Mississippi, they only need to look at the way the Department of Human Services deployed resources it received from the federal government.

As this healthcare catastrophe winds down and our economy begins to wind up, let’s not prolong our economic pain by continuing to rely too much on government for our solutions. 

Let’s insist government stay limited to the functions it does well and allow small businesses, entrepreneurs, competition, and consumer choice to lead the way. Recognizing that private sector participants are in need, not government, and that small businesses are a core part of the path to economic recovery, we strongly support allocating a majority of the CARES Act funds to support recovery through the private sector.

This page will be updated daily to reflect developments related to the spread of COVID-19 in Mississippi. 

Since Mississippi’s first positive case of coronavirus on March 11, life has been uprooted for many Mississippians. Many are working from home. Schools are closed. Churches are closed. Restaurants dining halls are closed.

Here is what you need to know about COVID-19 in Mississippi, what you can do to stop it from spreading, and what steps state and local governments have or have not taken in response.

Safer at home order replaces shelter in place

Gov. Tate Reeves announced on April 24 that the state will be taking a measured approach to reopen Mississippi as the current shelter-in-place order is replaced with a new, safer-at-home order. The new order will be in effect Monday, April 27, at 8 a.m.

Many currently closed businesses will be allowed to open under certain circumstances. Retail stores can reopen, but they must reduce capacity by 50 percent based on their designated full capacity. Masks are highly recommended, but not mandated. 

A large grouping of currently closed businesses – including movie theaters, bars, museums, casinos, salons and barber shops, gyms, and clubs – will remain closed. Restaurants remain limited to curbside, take out, or delivery as dining rooms are still closed. 

Gatherings of 10 or more remain prohibited, and Reeves said this will be enforced. There is also a classification of the most vulnerable, including the elderly and those with pre-existing health conditions, who are required to continue sheltering in place. 

The order is in effect for two weeks, though Reeves said they may review the order prior to see if more of the state can open up. 

How many people have coronavirus in Mississippi and where do they live?

Mississippi’s first positive case of coronavirus was confirmed on March 11. As of April 29, that number had escalated to 6,569. There has been 250 deaths reported.

Hinds county, the largest county in the state, has the most cases in the state at 450. Lauderdale county has 334 cases and Desoto county has 277. By April 9, at least one positive test has occurred in virtually every county in the state. As of April 28, 66,094 residents had been tested.

How to protect yourself and your loved ones

COVID-19 causes flu-like illness ranging from mild to severe, with symptoms of fever, coughing, fatigue, and difficulty breathing. Like the flu, COVID-19 is thought to spread person-to-person by close contact (within 6 feet) and by coughing or sneezing. Other possible routes of transmission may include touching surfaces contaminated by the virus. The Department of Health has a list of directions for all individuals to remain healthy during this time.

This includes:

• Stay home if you are sick, and avoid close contact with anyone who is ill.
• Cover your coughs and sneezes. When possible, cough, sneeze or blow your nose into a tissue, and throw the tissue away.
• If you are sick, especially with shortness of breath, severe cough, fever or severe chest pain, call a doctor or healthcare provider for instructions on being safely examined.
• Avoid social and community gatherings where 10 people or more would come into close contact.
• Practice social distancing  when your are in a group of people.
• Avoid unnecessary (non-urgent) air, bus or train travel.
• Limit visitation to older relatives or friends (especially in nursing or care homes).
• Avoid touching your eyes, nose and mouth.
• Wash your hands frequently and thoroughly, especially after coughing or sneezing, blowing your nose, and using the bathroom. Effective handwashing takes about 20 seconds, and includes cleaning under fingernails, between fingers, and washing the back of hands as well as the front. 
• Clean and disinfect surfaces and objects that are touched often.
• Stay in good overall health by eating right and staying active. If you are living with diabetes, heart disease or other condition, keep in touch with your doctor and stay current with your treatment.
• During or before flu season, get a flu shot. Flu vaccination can prevent the flu or make it less severe, and decrease your chance of hospitalization and death. It also keeps you healthier and better able to fight off infections.

Lawsuit filed against Jackson: The Mississippi Justice Institute has filed a lawsuit against the city of Jackson over a new order banning open carry in the city.

Legislature to return May 18: Legislative leadership has announced plans to return to Jackson on May 18, some two months after the session as suspended. On March 16, the legislature suspended the legislative session. HCR 65 extends the session to June 9 and adjust the deadlines for legislation. Previously, the session was supposed to end, known as sine die (which means with no appointed date for resumption), on May 3. Under the resolution, the legislature could reconvene on or before April 1. If the legislature hasn’t returned, completed its business, and adjourned sine die by June 9, the final day of the session could be pushed back to July 9, which would be after the start of the fiscal year.

Schools closed for remainder of year: Gov. Tate Reeves announced on April 14 that school buildings will be closed for the remainder of the year, but students would continue distance learning.

Board of Medical Licensure walks back regulation change: The board initially signed an order allowing patients to access out-of-state doctors via telemedicine, something most states have done. They then revised that to only allow the practice of using out-of-state doctors if a you have a prior doctor-patient relationship.

Tax filing deadline extended one month: The state has extended the tax filing deadline from April 15 to May 15. The Department of Revenue said they are unable to move the deadline to July 15, like the federal government, because the state fiscal year begins on July 1.

Reeves issues executive order for unemployment benefits: Reeves issued an executive order on March 21 that will allow Mississippians to claim unemployment benefits without the one-week waiting period. Work search requirements have also been suspended.

Alcohol restrictions lifted: The Department of Revenue has updated two regulations making it easier for consumers to purchases alcohol. DOR is now allowing liquor stores to take orders online or over the phone, while providing curbside delivery rather than having to enter the retail establishment. DOR will also allow customers to purchase a sealed bottle of wine with their to-go order. To-go sales of mixed drinks remain prohibited.

Telemedicine regs lifted: The Mississippi State Board of Medical Licensure has temporarily lifted multiple regulations concerning access to telemedicine. The Board is encouraging “all physicians to utilize telemedicine so as to avoid unnecessary patient travel both in-state and out of state.” With that, the Board has said they will not enforce “any statute, rule, or regulation” that requires physicians to personally examine a patient prior to the issuance of a prescription. This includes controlled substances, and every physician will have access to the Prescription Monitoring Program when a controlled substance is issued and urine drug tests will not be required. Additionally, out-of-state physicians may also utilize telemedicine in treating patients in Mississippi without securing a license to practice medicine in the state. 

Casinos in Mississippi closed: On March 16, the Mississippi Gaming Commission announced that all private casinos in the state will be indefinitely closed. This does not impact Indian-owned casinos. 

Primary election: The Republican primary runoff for the 2nd Congressional District has been rescheduled from March 31 to June 23. 

The Mississippi legislature will be returning to Jackson on May 18 to continue unfinished business. While the state budget will be the priority, the legislature also has to act on repealers that are expiring on June 30.  

Repealers are sunset provisions that end an agency or program unless they are extended after a certain period of time. The legislature uses this tactic on a new program to force a re-evaluation (usually in two or three years) and possible changes. 

Most state agencies have a repealer on them, usually for four years, and extending this is often a formality without major changes. 

The cities that pass tourism related taxes on hotels and restaurants have a repealer and several cities — Pontotoc, Hattiesburg, West Point and Winona — have taxes that will expire due to their repealers. 

The biggest repealers that need to be dealt with by the legislature are the Education Scholarship Account program for children with special needs and the Public Service Commission, which regulates utilities. Without legislative action, the ESA program will end on July 1 and the PSC will cease to exist on the same date.

The ESA program could’ve been extended last year, but after a clean bill passed the Senate, the House Education Committee let it die without a vote. The sole remaining hope for the ESA program, Senate Bill 2594, changes the program for the worse in several ways.

One of those ways is that it will end the ability of parents to use ESA funds to pay for online programs and remove the ability for parents to allow their child to attend a school in another state (using the ESA to pay tuition) if there isn’t a school within 30 miles of their home.

The good news is the bill will extend the program to 2024. It passed the Senate and will be in the hands of the House once the legislature reconvenes.

As for the PSC, House Bill 1561 would extend the repealer for the PSC until 2024. The bill would also require the state’s two-investor owned utilities (which are regulated by the PSC) to incorporate the costs of purchasing electricity from renewable sources into the ratebase, meaning ratepayers will have to pick up the tab for wind, solar and biomass energy.

The bill was passed by the House and is now in the hands of the Senate.

As for some of the other repealers in need of legislative action, they are:

• SB 2771 would extend the repealer on the related tax credits and increase the amount of credit for businesses as part of the Children’s Promise Act. It was tabled and subject to call, which means it is still alive.
• HB 679 would extend the ability of the state Board of Health to charge fees for services based on the cost of those services. This bill has passed the House.
• HB 681 would give the State Port Authority the ability to use design-build method for certain projects and has passed the House.
• HB 684 would extend the repealer on the law that requires counties to levy a forest acreage tax. It has passed the House.
• HB 685 would extend the authority of the state to house offenders in county jails when there isn’t enough space in prisons. Has passed the House.
• HB 686 would extend the repealer on the Patient’s Right to Informed Healthcare Choices Act. It has passed the House.
• HB 687 would continue the requirement that the Mississippi Boll Weevil Management Corporation submit audits by November 15. Passed by the House. A Senate version is now in the hands of the House Agriculture Committee.
• HB 688 would extend the repealer on the MS Pharmacy Practice Act. Passed the House.
• HB 689 would extend the repealer on the Petroleum Products Inspection Law. It has passed the House.
• SB 2307 would continue the State Board of Barber Examiners until 2024. It has passed the Senate.
• SB 2509 would extend the repealer on state law that defines what constitutes a failing school district. Passed by the Senate, it is now in the hands of the House Education Committee.
• SB 2353 would reauthorize the Critical Needs Teacher Forgivable Loan Program. It passed the Senate and has been double-referred (not a death sentence since the bill deals with appropriations) to the House Education and Appropriations committees.

As the coronavirus quarantine continues to spread in Mississippi and throughout the country, many are asking the same question: When will we hit our peak? And when will life be back to normal?

One of the most frequently cited models is that of the Institute for Health Metrics and Evaluation at the University of Washington. This provides projections for every state in the nation, incorporating current trend lines of deaths in the United States, with total projected deaths, and the peak day – the day we will see the most deaths. 

According to the most recent estimates, Mississippi is projected to hit peak daily deaths of 14 on April 25. That represents 0.4 daily deaths per 100,000 residents. That is the projection. The range shows we could see somewhere between 2 to 54 deaths on the peak day.

According to the current data, Mississippi is projected to see 400 deaths because of coronavirus, though the range now shows between 208 and 1,014. To date, there have been 193 deaths in the state. We are also not expected to see hospital bed shortages. 

How does that compare to neighboring states?

Most of the national coverage has focused on the hotspots around New York, or closer to home, in Louisiana. To get a better idea of what Mississippi’s projections mean, we took a closer look at projections for states closest to Mississippi. 

The model is heavily dependent on social distancing measures such as stay-at-home orders, closing non-essential businesses, and closing schools. It assumes social distancing orders remain in place until the end of May. 

These projections are current as of April 23. This will be updated regularly to reflect any changes.