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Hudson Park Cemetery
Greenwood, MS— On March 7, 2016, the Secretary of State’s Office issued a Final Order against Hudson Park Cemetery, LLC (Hudson Park), operator of a perpetual care cemetery, for violating the terms of their Consent Agreement. Miss. Code Ann. § 41-43-31, et. seq.
The perpetual care trust fund for Hudson Park was examined by the Secretary of State’s Office and was found to be deficient in the amount of nine thousand seven hundred twenty-three dollars ($9,723.00). On July 8, 2015, Mr. Hudson opened a perpetual care fund as a certificate of deposit (CD) and deposited three thousand dollars ($3,000.00) into the fund.
On August 6, 2015, Mr. Hudson entered into a Consent Agreement with the Secretary of State’s Office in which he agreed to fund the amount due to the perpetual care trust over the course of one (1) year. Mr. Hudson violated the terms of the Consent Agreement by failing to make the agreed-upon deposits. The Secretary of State’s Office held a hearing on the matter on December 18, 2015. As a result of the hearing and in compliance with the Consent Agreement, Mr. Hudson brought the balance of the CD up to five thousand seven hundred fifty-nine dollars and eighty-one cents ($5,759.81).
In conclusion, Hudson Park is ordered to make all remaining payments required by the Consent Agreement no later than July 31, 2016. If payments have not been made by that time, the Secretary of State’s Office shall immediately revoke Hudson Park’s perpetual care license and impose a fine in the amount of one thousand dollars ($1,000.00).
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The Secretary of State has the authority to administer and to provide for the enforcement of all provisions of the Cemetery Law which governs persons operating a perpetual care cemetery in the State of Mississippi. Miss. Code Ann. § 41-43-31, et. seq.
In respect to a cemetery for earth burials, by the application and payment thereto of an amount equivalent to fifteen percent (15%) of the sale price, or Forty Cents (40 cents) per square foot of ground interment rights sold, whichever is greater. Miss. Code Ann. § 41-43-37(1)(a).
If the perpetual care trust fund principal is Fifty Thousand Dollars ($50,000.00) or less, a perpetual care cemetery may maintain certificates of deposit that mature every thirty (30) days issued by an institution whose deposits are insured by the Federal Deposit Insurance Corporation. Once the perpetual care principal from the cemetery’s operations exceeds Fifty Thousand Dollars ($50,000.00), such funds shall be held in an irrevocable trust managed by a trustee and governed by a trust instrument. Miss. Code Ann. § 41-43-37(3).
