Read the full stored bill text
S. B. No. 2256 *SS08/R404* ~ OFFICIAL ~ G1/2
26/SS08/R404
PAGE 1 (aa\kr)
To: County Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Norwood
SENATE BILL NO. 2256
AN ACT TO AMEND SECTION 19-7-39, MISSISSIPPI CODE OF 1972, TO 1
PERMIT BOARDS OF SUPERVISORS TO MAINTAIN AND REPAIR PUBLIC 2
CEMETERIES WITHIN THE COUNTY BOUNDARIES OR IN ANY MUNICIPALITY 3
LOCATED WITHIN THE COUNTY; TO PERMIT BOARDS OF SUPERVISORS TO USE 4
ANY AVAILABLE FUNDS FOR SUCH PURPOSE AND BILL FOR REIMBURSEMENT 5
MUNICIPALITIES WHEN APPLICABLE; TO AMEND SECTION 39-5-19, 6
MISSISSIPPI CODE OF 1972, TO CONFORM; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 19-7-39, Mississippi Code of 1972, is 9
amended as follows: 10
19-7-39. The board of supervisors of any county is 11
authorized, in its discretion, to maintain and repair any 12
abandoned public or private nonprofit cemetery located within the 13
county * * *, including those located within municipal boundaries 14
in such county. The expense of such maintenance may be paid from 15
any available county funds. If the cemetery is located within a 16
municipality, the expense of such maintenance may be paid from any 17
available county funds and subsequently billed to the municipality 18
for reimbursement. The board of supervisors shall also have the 19
power and authority to enlarge all public cemeteries within the 20
S. B. No. 2256 *SS08/R404* ~ OFFICIAL ~
26/SS08/R404
PAGE 2 (aa\kr)
county limits. For the purposes of this section, the term "public 21
or private nonprofit cemetery" includes an abandoned community, 22
religious or fraternal cemetery; however, the term does not 23
include family burial grounds or a for-profit perpetual care 24
cemetery that is subject to Sections 41-43-31 through 41-43-57. 25
"Abandoned cemetery" means a cemetery which shows signs of 26
neglect, including, without limitation, the unchecked growth of 27
vegetation, repeated and unchecked acts of vandalism, or the 28
disintegration of grave markers or boundaries and for which no 29
person can be found who is legally responsible and financially 30
capable of the upkeep of such cemetery. 31
The board of supervisors of any county is authorized to 32
accept, in the name of the county, title by deed to any cemetery 33
located within the county but located outside the corporate 34
boundary of any municipality in the county which, due to age, 35
abandonment of graves by private owners or for other good cause, 36
is not being properly maintained or repaired and thereby have 37
become detrimental to the public health and welfare. No 38
acceptance of title by deed shall be valid unless a motion thereof 39
shall be made at a regular or special meeting of the board, 40
adopted by a majority of the board's membership, and entered upon 41
the minutes. No county funds or other public funds shall be 42
expended by the board for the purpose of purchasing such cemetery. 43
The board shall have the power to maintain, repair, enlarge, fence 44
S. B. No. 2256 *SS08/R404* ~ OFFICIAL ~
26/SS08/R404
PAGE 3 (aa\kr)
or otherwise improve any cemetery, title to which has been 45
accepted by the board. 46
Should there be situated wholly within the corporate limits 47
of any municipality or boundaries of a county a cemetery which, 48
because of age, abandonment of graves by private owners, or for 49
other good cause, is not being properly maintained, and thereby 50
becomes detrimental to the public health and welfare, and should 51
the board of supervisors determine that it is in the best interest 52
of the country or municipality that the board of supervisors 53
assume the maintenance of such cemetery, then such board shall 54
have the power and authority to acquire title to such cemetery by 55
gift, purchase, eminent domain, or otherwise, and be authorized to 56
thereafter maintain, repair, enlarge, fence or otherwise improve 57
such cemetery. 58
SECTION 2. Section 39-5-19, Mississippi Code of 1972, is 59
amended as follows: 60
39-5-19. Upon the official certificate of the trustees of 61
the state department of archives and history that any abandoned 62
cemetery is of historical significance and should be repaired, 63
rehabilitated, or maintained as a historical monument, the boards 64
of supervisors of the respective counties in this state are hereby 65
authorized and empowered, in their discretion, to repair, 66
rehabilitate, and maintain any such cemetery within the borders of 67
the county over which such board has jurisdiction, including as 68
described in Section 19-7-39. 69
S. B. No. 2256 *SS08/R404* ~ OFFICIAL ~
26/SS08/R404
PAGE 4 (aa\kr)
ST: County boards of supervisors; permit to
regulate, repair and maintain certain county and
municipal cemeteries.
Subject to like certificate from the said trustees, the board 70
of supervisors in adjoining counties may, in their discretion, 71
jointly accomplish such repairs, rehabilitation, or maintenance in 72
those instances where the cemetery in question occupies territory 73
which at one time or another was located as a part of said 74
adjoining counties. 75
SECTION 3. This act shall take effect and be in force from 76
and after July 1, 2026. 77