MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Tourism; Judiciary A
By: Representative Lane
AN ACT TO REQUIRE REASONABLE ACCESS TO PRIVATE CEMETERIES FOR HISTORICAL PURPOSES; TO AMEND SECTION 41-43-33, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Reasonable access to every cemetery on private property shall be allowed so that graves of historical significance may be accessed and maintained. The owner of property containing a cemetery or private graves shall insure that reasonable access is allowed as required by this section.
SECTION 2. Section 41-43-33, Mississippi Code of 1972, is amended as follows:
41-43-33. Any person, partnership, corporation or other organization organized or engaging in business under the laws of the State of Mississippi, whether for profit or not-for-profit, or wheresoever organized and doing business in the State of Mississippi, of owning, maintaining or operating a cemetery, providing lots or other interment space therein for the remains of human bodies, except such organizations and cemeteries that are affiliated with or owned by churches or religious societies, established fraternal societies, municipalities, other political subdivisions of the State of Mississippi, or family cemeteries or family burial grounds, and community cemeteries that provide burial lots at no charge, or sell burial lots to the public, shall be subject to the provisions of Section 41-43-31 et seq.
From and after July 1, 2009, all new cemeteries must be perpetual care cemeteries unless exempt under the provisions of this section.
All perpetual care cemeteries shall comply with the provisions of Section 1 of this act.
SECTION 3. This act shall take effect and be in force from and after July 1, 2013.