Bill Text: MS HB1183 | 2016 | Regular Session | Introduced
Bill Title: Cemeteries; prohibit additional charges for subsequent burial plot from which remains are disinterred.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Failed) 2016-02-23 - Died In Committee [HB1183 Detail]
Download: Mississippi-2016-HB1183-Introduced.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Public Health and Human Services
By: Representatives Myers, Faulkner, Gibbs, Mickens
House Bill 1183
AN ACT TO AMEND SECTION 41-43-45, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT CEMETERY OWNERS MAY NOT RESELL A GRAVE SPACE THAT PREVIOUSLY HAS BEEN SOLD AND NOT RECONVEYED BY THE PURCHASER TO THE CEMETERY; TO PROHIBIT A CEMETERY FROM CHARGING THE OWNER OF A GRAVE SPACE ANY ADDITIONAL AMOUNT FOR A SUBSEQUENT BURIAL ON THE SAME GRAVE SPACE AFTER THE ORIGINAL REMAINS BURIED ON THE SPACE HAVE BEEN DISINTERRED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-43-45, Mississippi Code of 1972, is amended as follows:
41-43-45. All lots and grave spaces offered for sale to the public shall be free and clear of liens or encumbrances. On payment of the purchase price, the purchaser shall be delivered a warranty deed or a perpetual easement for interment purposes.
Only the owner of a cemetery, or its agents, may sell or convey lots, plots, or parts thereof. However, the owner of a cemetery, or its agents, may not resell or reconvey any lot, plot or grave space that previously has been sold to a purchaser and not subsequently sold or transferred by the original purchaser to any other purchaser.
The purchaser of any lot,
plot or part thereof may sell or transfer the same by giving notice thereof to
the cemetery authorities or organization. Before acknowledging any transfer as
valid, * * * the
cemetery authorities or organization may require the transferee to personally
appear in the cemetery's principal place of business to accept any deed or
transfer rights to the property conveyed, in order that the transfer may be
properly enrolled on the books of the cemetery. A memorandum of all transfers
shall be made on the books of the cemetery corporation or organization.
If any lot, plot or grave space sold to a purchaser is used for the burial of a dead human being that is disinterred for reburial at a different cemetery, the owner of the cemetery, or its agents, may not charge the holder of the warranty deed or perpetual easement for the lot, plot or grave space any additional amount for the subsequent burial of a different dead human being on that lot, plot or grave space.
SECTION 2. This act shall take effect and be in force from and after July 1, 2016.
