Bill Text: MS SB2798 | 2025 | Regular Session | Introduced
Bill Title: County boards of supervisors; require to regulate county and municipal cemeteries.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-20 - Referred To County Affairs [SB2798 Detail]
Download: Mississippi-2025-SB2798-Introduced.html
MISSISSIPPI LEGISLATURE
2025 Regular Session
To: County Affairs
By: Senator(s) Norwood, Hickman, Simmons (13th)
Senate Bill 2798
AN ACT TO REQUIRE BOARDS OF SUPERVISORS TO MAINTAIN AND REPAIR PUBLIC CEMETERIES WITHIN THE COUNTY BOUNDARIES OR IN ANY MUNICIPALITY LOCATED WITHIN THE COUNTY; TO BRING FORWARD SECTIONS 39-5-19 AND 19-7-39, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The board of supervisors of each county shall maintain and regulate all of the public cemeteries owned or controlled by the county or any municipality within the county limits. The board of supervisors shall also have the power and authority to enlarge all public cemeteries owned or controlled by the county or any municipality within the county limits.
(2) The board of supervisors of a county, in its discretion, may maintain and repair any abandoned public or private nonprofit cemetery located within the boundaries of the county. The expense of the maintenance of an abandoned public or private nonprofit cemetery may be paid from any available county funds. For the purposes of this section, the term "public or private nonprofit cemetery" includes an abandoned community, religious or fraternal cemetery; however, the term does not include family burial grounds or a for-profit perpetual care cemetery that is subject to Sections 41-43-31 through 41-43-57. "Abandoned cemetery" means a cemetery which shows signs of neglect, including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
(3) Should there be situated wholly within the corporate limits of any municipality or boundaries of a county a cemetery which, because of age, abandonment of graves by private owners, or for other good cause, is not being properly maintained, and thereby becomes detrimental to the public health and welfare, and should the board of supervisors of the county in which it exists determine that it is to the best interest of the county or municipality that the board of supervisors assume the maintenance of such cemetery, then such board shall have the power and they are hereby authorized to acquire title to such cemetery by gift, purchase, eminent domain, or otherwise and are authorized to thereafter maintain, repair, enlarge, fence or otherwise improve such cemetery.
SECTION 2. Section 39-5-19, Mississippi Code of 1972, is brought forward as follows:
39-5-19. Upon the official certificate of the trustees of the state department of archives and history that any abandoned cemetery is of historical significance and should be repaired, rehabilitated, or maintained as a historical monument, the boards of supervisors of the respective counties in this state are hereby authorized and empowered, in their discretion, to repair, rehabilitate, and maintain any such cemetery within the borders of the county over which such board has jurisdiction.
Subject to like certificate from the said trustees, the board of supervisors in adjoining counties may, in their discretion, jointly accomplish such repairs, rehabilitation, or maintenance in those instances where the cemetery in question occupies territory which at one time or another was located as a part of said adjoining counties.
SECTION 3. Section 19-7-39, Mississippi Code of 1972, is brought forward as follows:
19-7-39. The board of supervisors of any county is authorized, in its discretion, to maintain and repair any abandoned public or private nonprofit cemetery located within the county but located outside the corporate boundary of any municipality in the county. The expense of such maintenance may be paid from any available county funds. For the purposes of this section, the term "public or private nonprofit cemetery" includes an abandoned community, religious or fraternal cemetery; however, the term does not include family burial grounds or a for-profit perpetual care cemetery that is subject to Sections 41-43-31 through 41-43-57. "Abandoned cemetery" means a cemetery which shows signs of neglect, including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such cemetery.
The board of supervisors of any county is authorized to accept, in the name of the county, title by deed to any cemetery located within the county but located outside the corporate boundary of any municipality in the county which, due to age, abandonment of graves by private owners or for other good cause, is not being properly maintained or repaired and thereby have become detrimental to the public health and welfare. No acceptance of title by deed shall be valid unless a motion thereof shall be made at a regular or special meeting of the board, adopted by a majority of the board's membership, and entered upon the minutes. No county funds or other public funds shall be expended by the board for the purpose of purchasing such cemetery. The board shall have the power to maintain, repair, enlarge, fence or otherwise improve any cemetery, title to which has been accepted by the board.
SECTION 4. This act shall take effect and be in force from and after July 1, 2025.
