House Bill 1237

AN ACT TO CREATE NEW SECTION 41-43-46, MISSISSIPPI CODE OF 1972, TO ESTABLISH A PROCEDURE FOR FOR-PROFIT CEMETERIES WITH BURIAL SPACES AND ENTOMBMENT RIGHTS THAT HAVE BEEN ABANDONED FOR A CERTAIN PERIOD OF TIME TO TERMINATE THE OWNER'S RIGHTS TO THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF A BURIAL SPACE OR ENTOMBMENT RIGHT ISSUED BY A CEMETERY HAS REMAINED UNUSED FOR A PERIOD OF AT LEAST NINETY-NINE YEARS FROM THE DATE OF SALE OR LAST RECORDED DESIGNATION OR TRANSFER AND HAS NO IMPROVEMENTS ON THE BURIAL SPACE OR ENTOMBMENT RIGHT, THE CURRENT OWNER OF THE CEMETERY MAY TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER DESIRES TO TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT AND DETERMINES THAT THE REQUIRED CONDITIONS HAVE BEEN MET, THE CEMETERY OWNER MUST FIRST SEND THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT A NOTICE OF THE INTENT TO TERMINATE AND DECLARE ABANDONED THE OWNER'S RIGHTS TO THE BURIAL SPACE OR ENTOMBMENT RIGHT BY CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED; TO PROVIDE THAT A PERSON WHO HAS RECEIVED A TERMINATION NOTICE MAY INFORM THE CEMETERY OWNER OF THEIR CONTINUED INTENT TO CLAIM THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER HAS BEEN INFORMED OF THAT INTENT, THE CEMETERY OWNER SHALL NOT TERMINATE THE RIGHTS AND INTERESTS OF THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT; TO PROVIDE THAT IF THE CEMETERY OWNER HAS NOT RECEIVED A RESPONSE FROM THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT WITHIN NINETY DAYS AFTER SENDING THE REQUIRED NOTICE, THE CEMETERY OWNER SHALL ADVERTISE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY OF THE OWNER'S LAST KNOWN ADDRESS SEEKING THE OWNER'S CURRENT ADDRESS; TO PROVIDE THAT IF THE CEMETERY OWNER HAS NOT RECEIVED A RESPONSE REGARDING THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT WITHIN NINETY DAYS AFTER PLACING THE REQUIRED ADVERTISEMENT, THE OWNER'S RIGHTS AND INTERESTS IN THE BURIAL SPACE OR ENTOMBMENT RIGHT ARE TERMINATED, AND THE CEMETERY OWNER MAY SELL THE BURIAL SPACE OR ENTOMBMENT RIGHT TO A NEW OWNER; TO PROVIDE THAT IF THE OWNER OF A BURIAL SPACE OR ENTOMBMENT RIGHT CONTACTS THE CEMETERY OWNER AFTER THE RIGHTS AND INTERESTS IN THE BURIAL SPACE OR ENTOMBMENT RIGHT ARE TERMINATED, THE OWNER OF THE BURIAL SPACE OR ENTOMBMENT RIGHT IS ENTITLED TO CERTAIN REMEDIES; TO PROVIDE THAT PERSONS WHO VIOLATE THE PROVISIONS OF THIS ACT ARE SUBJECT TO CERTAIN PENALTIES; AND FOR RELATED PURPOSES.

In the House of Representatives

• Sam C. Mims, V

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 20 – Feb 6

1. Jan 20Referred to the House committees on Public Health and Human Services and on Judiciary A
2. Jan 28Reported from PH to JA in the House: title sufficient, do pass
3. Jan 29Reported from JA to PH in the House: title sufficient, do pass
4. Reported from committee in the House: title sufficient, do pass
5. Feb 6Passed the House

In the Senate Feb 7 – Mar 4

1. Feb 7Sent to the Senate
2. Feb 14Referred to the Senate committee on Judiciary, Division A
3. Mar 4Died in committee in the Senate