Bill Text: MS SB2263 | 2021 | Regular Session | Introduced
Bill Title: Cemeteries and burial grounds; make misleading filings unlawful.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-02-04 - Died In Committee [SB2263 Detail]
Download: Mississippi-2021-SB2263-Introduced.html
MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Judiciary, Division A
By: Senator(s) England
Senate Bill 2263
AN ACT TO CODIFY NEW SECTIONS 75-63-83 AND 41-43-59, MISSISSIPPI CODE OF 1972, TO PROHIBIT AN INDIVIDUAL FROM MAKING OR CAUSING TO BE MADE MISLEADING FILINGS RELATED TO CEMETERIES AND BURIAL GROUNDS; TO AMEND SECTIONS 41-43-31 AND 41-43-53, MISSISSIPPI CODE OF 1972, TO CONFORM THERETO; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 75-63-83, Mississippi Code of 1972:
75-63-83. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in light of the circumstances under which it was made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.
SECTION 2. The following shall be codified as Section 41-43-59, Mississippi Code of 1972:
41-43-59. It is unlawful for a person to make or cause to be made, in a record that is used in an action or proceeding or filed under this chapter, a statement that, at the time and in light of the circumstances under which it was made, is false or misleading in a material respect, or, in connection with the statement, to omit to state a material fact necessary to make the statement made, in light of the circumstances under which it was made, not false or misleading.
SECTION 3. Section 41-43-31, Mississippi Code of 1972, is amended as follows:
Sections 41-43-31 through 41-43- * * *59 may be cited as the "Cemetery
Law."
SECTION 4. Section 41-43-53, Mississippi Code of 1972, is amended as follows:
41-43-53. (1) Violation of
any of the provisions of Sections 41-43-31 through 41-43- * * *59 by any person, partnership,
corporation or organization shall be punished by a fine of not less than Five
Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00) or by
imprisonment in the county jail for a period not exceeding one (1) year, or by
both.
(2) (a) Any person, partnership, corporation or organization that embezzles or fraudulently or knowingly and willfully misapplies or converts perpetual care trust funds shall, upon conviction, be punished as follows:
(i) If the amount embezzled, misapplied or converted is less than One Thousand Dollars ($1,000.00), by a fine of not more than Five Hundred Dollars ($500.00) and confinement in the county jail not more than one (1) year; or
(ii) If the amount embezzled, misapplied or converted is One Thousand Dollars ($1,000.00) or more, by imprisonment in the custody of the Mississippi Department of Corrections for a term of not more than ten (10) years.
(b) Each such violation shall constitute a separate offense.
SECTION 5. This act shall take effect and be in force from and after July 1, 2021.
