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Bill > HB320


MS HB320

MS HB320
Perpetual care cemeteries; authorize counties and cities to clean property of those not properly maintained.


summary

Introduced
01/18/2021
In Committee
02/18/2021
Crossed Over
02/04/2021
Passed
Dead
03/12/2021

Introduced Session

2021 Regular Session

Bill Summary

AN ACT TO AMEND SECTIONS 19-5-105 AND 21-19-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COUNTIES AND MUNICIPALITIES     TO CLEAN  PROPERTY OR PARCELS OF LAND OF PERPETUAL CARE CEMETERIES THAT ARE NOT BEING PROPERLY MAINTAINED AND HAVE BECOME DETRIMENTAL TO THE PUBLIC HEALTH AND WELFARE; TO PRESCRIBE NOTICE AND HEARING REQUIREMENTS AND AN ADJUDICATION BY THE COUNTY OR MUNICIPALITY BEFORE IT MAY CLEAN THE PROPERTY; TO AUTHORIZE THE COUNTY OR MUNICIPALITY TO MAKE APPLICATION TO THE SECRETARY OF STATE FOR AN ORDER DIRECTING THE TRUSTEE OF THE PERPETUAL CARE CEMETERY TRUST FUND TO RELEASE ACCRUED INTEREST OR PRINCIPAL OF THE TRUST FUND SUFFICIENT TO REIMBURSE THE COUNTY OR MUNICIPALITY FOR ONLY THE ACTUAL CLEANUP COSTS INCURRED; TO AUTHORIZE THE SECRETARY OF STATE TO ORDER THE TRUSTEE TO RELEASE ACCRUED INTEREST OR PRINCIPAL OF THE TRUST FUND IN AN AMOUNT SUFFICIENT TO REIMBURSE THE COUNTY OR MUNICIPALITY FOR THE ACTUAL COSTS OF CLEANUP PERFORMED IF THE SECRETARY OF STATE MAKE CERTAIN DETERMINATIONS; TO AMEND SECTION 41-43-57, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.

AI Summary

This bill authorizes counties and municipalities to clean up perpetual care cemeteries that are not being properly maintained and have become detrimental to public health and welfare. The bill provides notice and hearing requirements before the county or municipality can clean the property. The bill also allows the county or municipality to apply to the Secretary of State for an order directing the trustee of the perpetual care cemetery trust fund to release accrued interest or principal to reimburse the county or municipality for the actual cleanup costs incurred.

Committee Categories

Government Affairs

Sponsors (2)

Last Action

Died On Calendar (on 03/12/2021)

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