House Bill 396

AN ACT TO AMEND SECTION 41-43-37, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OWNER OF EVERY PERPETUAL CARE CEMETERY SUBJECT TO THE CEMETERY LAW TO FILE WITH THE SECRETARY OF STATE A SURETY BOND IN THE SUM OF FIVE HUNDRED THOUSAND DOLLARS, OR SUCH LOWER AMOUNT AS PRESCRIBED BY THE SECRETARY OF STATE, FOR THE BENEFIT OF ANY OWNER OR PURCHASER, OR THE FAMILY, LEGAL REPRESENTATIVE OR NEXT OF KIN OF ANY SUCH OWNER OR PURCHASER, OF ANY LOT, PLOT, GRAVE, CRYPT, NICHE OR BURIAL SPACE WITHIN THE CEMETERY, WHEN THE CEMETERY IS INSOLVENT OR ABOUT TO BECOME INSOLVENT, OR NO PERPETUAL CARE TRUST FUND HAS BEEN ESTABLISHED FOR THE CEMETERY OR, IF ESTABLISHED, THE TRUST FUND DOES NOT CONTAIN THE FUNDS AS ARE REQUIRED TO BE CONTAINED IN THE TRUST FUND; TO AMEND SECTION 41-43-38, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY SUCH PERSON MAY CLAIM AGAINST THE BOND FOR ANY LOSSES OR DAMAGES SUSTAINED BY THE PERSON; TO AMEND SECTION 73-63-59, MISSISSIPPI CODE OF 1972, TO REQUIRE SELLERS OF PRENEED CONTRACTS THAT ARE FUNDED BY TRUST TO FILE WITH THE SECRETARY OF STATE A SURETY BOND IN THE SUM OF FIVE HUNDRED THOUSAND DOLLARS, OR SUCH LOWER AMOUNT AS PRESCRIBED BY THE SECRETARY OF STATE, FOR THE BENEFIT OF THE CONTRACT INSURED OR THE BENEFICIARIES OR ESTATE OF THE CONTRACT INSURED FOR FINANCIAL LOSS OR OTHER DAMAGES SUFFERED AS A RESULT OF IMPROPER ACTIONS OF A CONTRACT PROVIDER OR IMPROPER USE OF TRUST FUNDS OR THE INSOLVENCY OF THE TRUST; TO BRING FORWARD SECTION 75-63-81, MISSISSIPPI CODE OF 1972, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Nick Bain

  Sponsor

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

In the House of Representatives Jan 14 – Feb 5

1. Jan 14Referred to the House committee on Judiciary A
2. Feb 5Died in committee in the House