Bill Text: MS HB430 | 2010 | Regular Session | Engrossed
Bill Title: Burying of dead livestock or poultry; authorize boards of supervisors of counties to do so in emergency situations.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2010-03-02 - Died In Committee [HB430 Detail]
Download: Mississippi-2010-HB430-Engrossed.html
MISSISSIPPI LEGISLATURE
2010 Regular Session
To: County Affairs
By: Representative Gipson
House Bill 430
(As Passed the House)
AN ACT TO AMEND SECTION 19-5-15, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE BOARD OF SUPERVISORS OF ANY COUNTY TO BURY DEAD LIVESTOCK OR POULTRY USING COUNTY ROAD EQUIPMENT AND COUNTY EMPLOYEES IN AN EMERGENCY SITUATION; TO PROVIDE THAT THE BOARD MUST DECLARE THROUGH A RESOLUTION THAT THE BURYING OF LIVESTOCK OR POULTRY IS IN THE BEST INTEREST OF THE HEALTH AND WELFARE OF THE COUNTY; TO REQUIRE THE BOARD OF SUPERVISORS TO ESTABLISH AN INDIGENT BURIAL POLICY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 19-5-15, Mississippi Code of 1972, is amended as follows:
19-5-15. (1) The board of supervisors of any county is authorized * * * to use the road equipment of the county and the employees of the county, upon availability of such equipment and employees, to dig graves for the burying of livestock or poultry that have died from the following:
(a) As a result of an emergency situation that must be determined by the board of supervisors through a resolution that is duly adopted and spread upon its minutes declaring the board's findings of the following: (i) that an emergency situation exists and (ii) that the digging of the graves for livestock or poultry is in the best interest of the health and welfare of the county; or
(b) From an epidemic, whenever any licensed veterinarian shall certify to the board or any member thereof that there is an epidemic, contagious disease, among the livestock or poultry of the county or any portion of the county and immediate burial is necessary in order to prevent the spread of a contagious disease and would be in the best interest of the community wherein livestock or poultry have contracted such disease.
(2) Any graves dug by the county under subsection (1) of this section shall be upon the premises of the owner of the livestock or poultry, or upon property provided by such owner.
(3) Before the county acts to bury the livestock or poultry, the property owner shall give his or her written permission for the county to come onto such owner's property for the purpose of burying the livestock or poultry, and execute a release and waiver of liability in favor of the county for any losses or damages that may result from the burying of the livestock or poultry on the owner's property.
SECTION 2. The board shall establish an indigent burial policy which shall be spread upon the minutes of the board no later than October 1, 2010. The policy shall establish standards and eligibility criteria for the administration of indigent burials. The board may be able to establish the status of someone as a pauper based upon available records of recent public assistance and any other available evidence. After review of the records, the board may adjudicate a person as a pauper and shall spread upon its minutes the adjudication. The board, in its discretion, may then pay the full cost of burial including opening/closing the grave with county equipment, or may contribute funds to assist in the cost of the burial including opening and closing the grave.
SECTION 3. This act shall take effect and be in force from and after July 1, 2010.
