MISSISSIPPI LEGISLATURE

2020 Regular Session

To: Public Health and Human Services

By: Representative Williams-Barnes

House Bill 840

AN ACT TO AMEND SECTION 41-39-5, MISSISSIPPI CODE OF 1972, TO REQUIRE A PERSON WHO ACQUIRES POSSESSION OF A DEAD HUMAN BODY THAT IS NOT CLAIMED FOR BURIAL OR CREMATION WITHIN FORTY-EIGHT HOURS OF ITS ACQUISITION TO NOTIFY THE CORONER, WHO SHALL TAKE POSSESSION OF THE BODY AND CAUSE THE BODY TO BE ENTRUSTED TO A FUNERAL HOME IN THE COUNTY WHERE THE BODY IS FOUND; TO PROVIDE THAT EXCEPT IN COUNTIES WHERE THE CORONER HAS ESTABLISHED A PREFERRED FUNERAL HOME USING A QUALIFIED BIDDING PROCESS, DISPOSITION OF DEAD BODIES SHALL BE ON A ROTATION BASIS, WHICH SHALL TREAT EQUALLY ALL FUNERAL HOMES DESIRING TO PARTICIPATE, SUCH ROTATION TO BE ESTABLISHED BY THE CORONER AFTER CONSULTATION WITH REPRESENTATIVES OF THE FUNERAL HOMES IN THE COUNTY OR COUNTIES INVOLVED; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-39-5, Mississippi Code of 1972, is amended as follows:

     41-39-5.  (1)  Any physician, hospital, funeral director, embalmer * * *, coroner or other person acquiring possession of a dead human body or portion thereof * * *which is not claimed for which the deceased had made no prior plans for the disposition of and there is no other person who claims the body or portion thereof for burial or cremation within forty-eight (48) hours of its acquisition, shall notify the coroner, who shall take possession of the body or portion thereof and cause the body or portion thereof to be entrusted to a funeral home in the county where the body or portion thereof is found.  Except in counties where the coroner has established a preferred funeral home using a qualified bidding process, disposition of dead bodies or portions thereof shall be on a rotation basis, which shall equally treat all funeral homes desiring to participate, such rotation to be established by the coroner after consultation with representatives of the funeral homes in the county or counties involved.  If a dead human body or portion thereof is initially in possession of the coroner, the coroner shall cause the body or portion thereof to be entrusted to a funeral home in same manner as if the body was transferred to the coroner by another person.

     (2)  If a funeral home that receives a body or portion thereof under the provisions of subsection (1) of this section is unable or unwilling to make final disposition of the body or portion thereof, the funeral home 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 or the coroner 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 * * *shall is not * * *be claimed for burial or cremation by any interested person within five (5) days of the * * *aforementioned written notice, the board of supervisors or coroner shall, as soon as it may think appropriate, authorize and direct the burial or cremation and burial of the residue of * * *such 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 * * *such the burial or cremation and burial of the residue of a dead body or portion thereof 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.

     (3)  If * * *the person having a funeral home has possession of * * *such a dead human body or portion thereof * * *shall have that it received under the provisions of subsection (1) of this section and for which it is unable or unwilling to make final disposition of and has no available means of preserving the * * *same body or portion thereof until it is buried or cremated under the provisions of subsection (2) of this section, the funeral home * * *and shall * * *so notify the board of supervisors, or a member thereof, of the county in which the dead body or portion thereof is located, and 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 or portion thereof as * * *hereinabove provided in subsection (2), and the expense of * * *such the preservation shall be borne as * * *hereinabove provided in subsection (2) with respect to the expense of burial or cremation.

     (4)  No county funds may be expended in excess of the amount budgeted for the purposes of this section without the prior approval of the board of supervisors of the county.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2020.