House Bill 1316

AN ACT TO AMEND SECTIONS 43-31-19, 43-31-27, 43-31-29, 43-31-31 AND 41-39-5, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES TO WAIVE THE RESIDENCY REQUIREMENT FOR DETERMINATION OF PAUPER STATUS TO QUALIFY FOR BURIAL COSTS; TO PROVIDE THAT COUNTIES AND MUNICIPALITIES BURYING PAUPERS MAY USE COUNTY OR MUNICIPAL EMPLOYEES AND EQUIPMENT, PURCHASE NECESSARY MATERIALS AND CONTRACT FOR NECESSARY SERVICES FOR THAT PURPOSE; TO PROVIDE THAT THOSE PROVISIONS DO NOT AUTHORIZE PUBLIC FUNDS TO BE USED FOR CEREMONIES ASSOCIATED WITH BURIALS OR FUNERALS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 43-31-19, Mississippi Code of 1972, is amended as follows:

43-31-19. To entitle any pauper to be supported by the county, he must have been a bona fide resident thereof for six (6) months before his application for support; and the settlement of the parent or parents shall entitle the children to a settlement. The board of supervisors, in their discretion, may waive the application and residency requirement for determination of pauper status only to qualify for burial costs and related services to be provided by the county. Nothing in this section authorizes public funds to be used for ceremonies associated with burials or funerals.

SECTION 2. Section 43-31-27, Mississippi Code of 1972, is amended as follows:

43-31-27. The members of the board of supervisors shall prevent the poor from strolling from one district to another; and in case any pauper * * * leaves the county in which he may have a settlement, and removes to another county, any member of the board of supervisors may make an order to remove the pauper back to the county from which he came, directed to any constable to execute. But if the pauper is sick or disabled so that he cannot be removed, he shall be provided for in the county in which he may be found until he can be removed; and the county in which he had a legal settlement shall pay all charges occasioned by the support of the pauper and for removal, or burial in case of death, which shall constitute a charge against the county, and may be recoverable by action before the proper court. That charge shall include, but not be limited to, reasonable costs for the use of county employees and equipment, the purchase of necessary materials, and the contracting for necessary services to provide the burial. Nothing in this section authorizes public funds to be used for ceremonies associated with burials or funerals. It shall be the duty of the board of supervisors of the county to which any pauper belongs, to receive him, on his removal, and provide for him as in other cases.

SECTION 3. Section 43-31-29, Mississippi Code of 1972, is amended as follows:

43-31-29. The boards of supervisors shall also relieve, support or employ paupers found or being in the county, though not entitled to a settlement therein, and, in case of their decease, shall decently bury them; and all expenses shall be chargeable to and recoverable from the county in which the pauper had a settlement; and the board shall decently bury all strangers dying in the county. Decent burial may include the use of county employees and equipment, the purchase of necessary materials, and the contracting for necessary services. Nothing in this section authorizes public funds to be used for ceremonies associated with burials and funerals.

SECTION 4. Section 43-31-31, Mississippi Code of 1972, is amended as follows:

43-31-31. The municipal authorities of every city, town and village shall bury all strangers found dead within their limits, or found floating in any waters at a point adjoining their limits, and all expenses or charges shall be chargeable to the county; and an accurate account thereof shall be reported to the board of supervisors, who shall allow the same, and order it to be paid out of the county treasury; but the boards of supervisors may fix maximum charges for those burials. Burial costs may include the necessary use of municipal employees and equipment, the purchase of necessary materials and the contracting for necessary services. Nothing in this section authorizes public funds to be used for ceremonies associated with burials or funerals.

SECTION 5. Section 41-39-5, Mississippi Code of 1972, is amended as follows:

41-39-5. Any physician, hospital, funeral director, embalmer, coroner or other person acquiring possession of a dead human body or portion thereof that is not claimed for burial or cremation within forty-eight (48) hours of its acquisition shall give written notice thereof to the board of supervisors, or a member thereof, of the county in which the dead body or portion thereof is located, furnishing such identification of the decedent as may be available. The board of supervisors shall make reasonable efforts to notify members of the decedent's family or other known interested persons, and, if the dead body or portion thereof is not claimed for burial or cremation by any interested person within five (5) days of the aforementioned written notice, the board of supervisors shall, as soon as it may think appropriate, authorize and direct the burial or cremation and burial of the residue of the dead body or portion thereof. In its discretion and where otherwise permitted to do so by law, the board of supervisors may direct the disposition of the dead body or portion thereof as provided by Section 41-39-7. The reasonable expense of the burial or cremation and burial of the residue of a dead body shall be borne by the estate of the decedent or of any person liable at law for the necessities of the decedent during his lifetime or, if they are unable to pay the same, by the county of residence or settlement of the decedent, if known, and, if not known, by the county in which the dead body or portion thereof is located.

If the person having possession of the dead human body or portion thereof has no available means of preserving the same and * * * so notifies the board of supervisors, or a member thereof, of the county in which the dead body or portion thereof is located, it shall be the duty of the board of supervisors to make arrangements for the preservation of the same until burial or cremation and burial of the residue of the dead body as * * * provided above in this section, and the expense of that preservation shall be borne as * * * provided above in this section with respect to the expense of burial or cremation.

The burial, cremation and preservation, and reasonable expenses thereof may include the costs of the use of county employees and equipment, the purchase of necessary materials and the contracting for necessary services. Nothing in this section authorizes public funds to be used for ceremonies associated with burials or funerals.

SECTION 6. This act shall take effect and be in force from and after July 1, 2007.