Bill Text: MS SB2256 | 2026 | Regular Session | Introduced

Mississippi Senate Bill 2256

Introduced

Bill Title: County boards of supervisors; permit to regulate, repair and maintain certain county and municipal cemeteries.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2026-02-12 - Died On Calendar [SB2256 Detail]

Download: Mississippi-2026-SB2256-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: County Affairs

By: Senator(s) Norwood

Senate Bill 2256

AN ACT TO AMEND SECTION 19-7-39, MISSISSIPPI CODE OF 1972, TO PERMIT BOARDS OF SUPERVISORS TO MAINTAIN AND REPAIR PUBLIC CEMETERIES WITHIN THE COUNTY BOUNDARIES OR IN ANY MUNICIPALITY LOCATED WITHIN THE COUNTY; TO PERMIT BOARDS OF SUPERVISORS TO USE ANY AVAILABLE FUNDS FOR SUCH PURPOSE AND BILL FOR REIMBURSEMENT MUNICIPALITIES WHEN APPLICABLE; TO AMEND SECTION 39-5-19, MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 19-7-39, Mississippi Code of 1972, is amended 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 * * *, including those located within municipal boundaries in such county. The expense of such maintenance may be paid from any available county funds. If the cemetery is located within a municipality, the expense of such maintenance may be paid from any available county funds and subsequently billed to the municipality for reimbursement. The board of supervisors shall also have the power and authority to enlarge all public cemeteries within the county limits. 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.

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 determine that it is in the best interest of the country or municipality that the board of supervisors assume the maintenance of such cemetery, then such board shall have the power and authority to acquire title to such cemetery by gift, purchase, eminent domain, or otherwise, and be authorized to thereafter maintain, repair, enlarge, fence or otherwise improve such cemetery.

SECTION 2. Section 39-5-19, Mississippi Code of 1972, is amended 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, including as described in Section 19-7-39.

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. This act shall take effect and be in force from and after July 1, 2026.