MississippiSB 20782025 Regular SessionSenateWALLET

State Board of Funeral Service; extend the repealer of.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 3 costs, 2 mixed.

Support violations can suspend funeral licenses

The Board may suspend a funeral-service license when its holder fails to comply with a support order. A suspension can prevent the person from working in that licensed role. State support-enforcement laws govern suspension, reinstatement, fees, and appeals.

Oversight protects prepaid funeral purchases

Retail casket sellers without a funeral-service license must register with the Board each year. Sellers of prepaid casket contracts must also follow the state's prepaid funeral-contract rules. The Board may revoke, suspend, refuse to renew, or place a funeral provider's license on probation for covered prepaid-fund violations. These include taking payments without required registration, failing to deposit funds in trust, or sending customers' insurance premiums late.

Funeral licensees face fines and costs

For covered license violations, the Board may fine licensees up to $500 for a first violation and $1,000 for a second. The limit is $5,000 for a third or later violation. Penalties take effect after the appeal period expires. The Board may recover reasonable investigation and proceeding costs in license suspension or revocation cases. It also has the right to recover reasonable attorney fees when it wins an administrative or court proceeding.

Unlicensed funeral work faces enforcement penalties

People and businesses cannot perform or advertise work requiring a funeral-service license without a current license in good standing. Against unlicensed operators, the Board may order corrective action or repayment, recover reasonable investigation and prosecution costs, and fine up to $5,000 per violation. Administrative complaints require notice and a hearing. The Board may issue emergency orders to protect public health, safety, or welfare, but must serve a complaint within 10 days. Covered funeral-law violations are misdemeanors punishable upon conviction by up to $5,000, six months in county jail, or both.

Residents control wishes after death

Mississippi residents can use a Self-Directed Disposition Authorization to direct how their bodies are handled after death. It takes priority over next of kin. Without written instructions, the law ranks who can decide; someone finally found by a court responsible for the death cannot decide. A person generally gives up the right to decide or object by not acting within five days. A coroner or designated county person may authorize disposition when no consent arrives within 10 days. If no listed person takes responsibility, a funeral provider may take control and recover costs after the designated public official fails to act within seven days of written notice.

Families get funeral prices before services

Before providing services, funeral directors or funeral-service licensees must give the person authorizing them current price lists. These include general, casket, and outer-container prices, plus a statement of goods and services. Disclosures must follow the Federal Trade Commission's Funeral Rule, including future changes to its disclosure requirements. Anyone who asks must receive access to the general price list.

Funeral Board authority extended to 2029

Effective July 1, 2025, the law extends the Mississippi State Board of Funeral Service's authority. The Board statutes' repeal date moves from July 1, 2025, to July 1, 2029. This keeps the Board's licensing and oversight authority in place until the new repeal date.

Licensed funerals, with family burial exceptions

Funeral services and burials in Mississippi must be under the actual charge and supervision of a licensed funeral professional. Families may bury their own dead without charge without that supervision. The law also protects religious ceremonies and no-charge preparation and burial by churches, families, friends, or neighbors. The Board cannot regulate cemeteries or cemetery chapels, except for funeral establishments operated by cemeteries.

Sponsors & Cosponsors

Sponsor

Parker
Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 167 • No: 0

House vote • 3/5/2025

Passed

Yes: 116 • No: 0 • Other: 1

Senate vote • 2/5/2025