MississippiSB 25302026 Regular SessionSenateWALLET

Perpetual care cemetery; allow certain cemeteries to maintain CDs that mature in one year or less.

Sponsored By: Benjamin Suber (Republican)

Signed by Governor

Business and CommerceBusiness and Financial Institutions

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 2 costs, 2 mixed.

Cemeteries: trust deposits on sales

Beginning July 1, 2026, cemeteries must put part of each sale into a perpetual care fund. Earth burials: deposit 15% of the sale price or $0.40 per square foot, whichever is more. Community/public mausoleum crypts: 5% or $50 per crypt, whichever is more. Private mausoleums: 15% of the ground interment right plus 5% of the mausoleum price. Community niches: 5% or $10 per niche, whichever is more. If buyers pay in installments, deposit the share from each payment when received. Pay by cash, check, money order, or electronic transfer by the 5th day of the next month. Each location is treated as its own cemetery with its own obligations.

New cemeteries: $25K deposit, $25K return

Beginning July 1, 2026, a new or relocated cemetery must deposit $25,000 cash into the perpetual care fund before the first sale or burial. When the fund reaches $75,000 in principal, the trustee must pay $25,000 back to the cemetery after you provide proof.

Rules for holding cemetery care funds

Beginning July 1, 2026, every covered cemetery keeps a perpetual care fund as an irrevocable trust. The principal stays intact and is protected from creditors. Only the income can be used for care. When principal exceeds $75,000, funds must be held in a trust under a written trust agreement and run by a trustee tied to an established bank, trust company, or financial firm. The Secretary of State reviews trustee reports and accountings and can set surety bond amounts. If the principal is $75,000 or less, you may use FDIC‑insured certificates of deposit (CDs) that mature in one year or less, renew with interest added to principal, carry “For Perpetual Care,” and accept new deposits at the next maturity date. File the issuer paperwork with your annual report.

Cemetery registry and $25 yearly fee

Beginning July 1, 2026, the Secretary of State runs a statewide registry of perpetual care cemeteries. You pay up to $25 each year with your required reports and accountings.

Sponsors & Cosponsors

Sponsor

Benjamin Suber
Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 169 • No: 0

House vote • 3/4/2026

Passed

Yes: 117 • No: 0

Senate vote • 2/9/2026