MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary A
By: Representative Zuber
AN ACT TO CREATE NEW SECTION 41-43-59, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS UNLAWFUL TO MAKE A FALSE OR MISLEADING STATEMENT IN A MATERIAL RESPECT IN A RECORD THAT IS USED IN AN ACTION OR PROCEEDING OR FILED UNDER THE CEMETERY LAW; TO AMEND SECTIONS 41-43-31 AND 41-43-53, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; TO CREATE NEW SECTION 75-63-83, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IT IS UNLAWFUL TO MAKE A FALSE OR MISLEADING STATEMENT IN A MATERIAL RESPECT IN A RECORD THAT IS USED IN AN ACTION OR PROCEEDING OR FILED UNDER THE PRENEED CEMETERY AND FUNERAL REGISTRATION ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 41-43-59, Mississippi Code of 1972:
41-43-59. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under Section 41-43-31 et seq., a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement that was made, in light of the circumstance under which it was made, not false or misleading.
SECTION 2. Section 41-43-31, Mississippi Code of 1972, is amended as follows:
41-43-31. Sections 41-43-31 through * * * 41-43-59 may be
cited as the "Cemetery Law."
SECTION 3. Section 41-43-53, Mississippi Code of 1972, is amended as follows:
41-43-53. (1) Violation of
any of the provisions of * * *Sections Section 41-43-31 * * * et seq. by
any person, partnership, corporation or organization shall be punished by a
fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand
Dollars ($1,000.00) or by imprisonment in the county jail for a period not
exceeding one (1) year, or by both.
(2) (a) Any person, partnership, corporation or organization that embezzles or fraudulently or knowingly and willfully misapplies or converts perpetual care trust funds shall, upon conviction, be punished as follows:
(i) If the amount embezzled, misapplied or converted is less than One Thousand Dollars ($1,000.00), by a fine of not more than Five Hundred Dollars ($500.00) and confinement in the county jail not more than one (1) year; or
(ii) If the amount embezzled, misapplied or converted is One Thousand Dollars ($1,000.00) or more, by imprisonment in the custody of the Mississippi Department of Corrections for a term of not more than ten (10) years.
(b) Each such violation shall constitute a separate offense.
SECTION 4. The following shall be codified as Section 75-63-83, Mississippi Code of 1972:
75-63-83. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this article, a statement that, at the time and in light of the circumstances under which it is made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement that was made, in light of the circumstance under which it was made, not false or misleading.
SECTION 5. This act shall take effect and be in force from and after July 1, 2021.