House Bill 1303

AN ACT TO CREATE NEW SECTION 41-43-59, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OWNERS OF PERPETUAL CARE CEMETERIES TO REASONABLY MAINTAIN THE PREMISES OF THE CEMETERY AND NOT ALLOW THE PREMISES TO BE NEGLECTED; TO PROVIDE THAT THIS REQUIREMENT IS A CONTRACTUAL DUTY OF THE CEMETERY OWNER; TO AMEND SECTION 41-43-55, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN EXAMINER OF THE SECRETARY OF STATE DETERMINES THAT THE CEMETERY PREMISES ARE IN A STATE OF NEGLECT OR NOT REASONABLY MAINTAINED, THE SECRETARY OF STATE WILL PROVIDE THE CEMETERY OWNER WITH A PLAN OF CORRECTION AND REMEDIATION THAT SPECIFIES THE NECESSARY STEPS TO SATISFY THE REQUIREMENT TO MAINTAIN THE PREMISES; TO PROVIDE THAT IF THE CEMETERY OWNER FAILS TO ENACT THE PLAN OF CORRECTION AND REMEDIATION WITHIN 45 DAYS, THE OWNER IS IN VIOLATION OF THIS SECTION; TO PROVIDE THAT A VIOLATION OF THIS SECTION WILL BE PUNISHED BY A FINE OR BY SUSPENSION OR REVOCATION OF THE PERPETUAL CARE CEMETERY REGISTRATION, OR BOTH; 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. The premises of any perpetual care cemetery subject to the provisions of this chapter shall not be neglected and shall be reasonably maintained by the cemetery owner. This requirement to maintain the cemetery premises is a contractual duty of the cemetery owner. Reasonable maintenance includes, but is not limited to, prompt removal of all trash and debris, prevention of vegetation overgrowth, regular landscaping, and other related practices that keep the cemetery in good condition and appearance.

SECTION 2. Section 41-43-55, Mississippi Code of 1972, is amended as follows:

41-43-55. (1) The business records of any perpetual care cemetery, whether registered or not, the records of its financial institution, third-party administrator, or the trustee's records related to the perpetual care cemetery shall be available for inspection and examination by the Secretary of State's examiners at all reasonable times, whether those records are located within this state or outside this state. The Secretary of State's examiners are authorized access to inspect cemetery sites subject to or potentially subject to this chapter wherever the same may be located.

(2) (a) If an examiner determines that the cemetery premises are in a state of neglect or not reasonably maintained, as required by Section 41-43-59, the Secretary of State shall provide the owner of the cemetery with a plan of correction and remediation within fourteen (14) days of the date of the examination.

(b) The plan of correction and remediation shall specify with reasonable detail the necessary steps for the cemetery owner to satisfy the requirements of Section 41-43-59.

(c) The cemetery owner shall have forty-five (45) days to enact the plan of correction and remediation in order to satisfy the requirements of Section 41-43-59. Failure to do so by the owner within that time period is a violation of this section.

(d) Violation of this section by the cemetery owner shall be punished by a fine not less than One Thousand Dollars ($1,000.00) nor more than Twenty-five Thousand Dollars ($25,000.00), made payable to the Secretary of State, or by suspension or revocation of the perpetual care cemetery registration, or by both a fine and suspension or revocation of registration.

SECTION 3. This act shall take effect and be in force from and after July 1, 2020.