SB 65 This act makes revisions to the Unmarked Human Burial Act.

SECTION 194.400 - This act adds definitions for "cemetery", "funeral director", "family burial ground" and "religious cemetery" and modifies the definition of "unmarked human burial" to distinguish an unmarked human burial from a cemetery. The definition of "cultural items" is modified to allow the state historic preservation officer to determine, in consultation with various groups, which items constitute associated and unassociated funerary objects.

SECTION 194.403 - The Department of Natural Resources is granted rulemaking authority to carry out the provisions of the unmarked human burial act.

SECTION 194.407 - Currently, no construction shall be delayed for more than 30 days after the discovery of an unmarked human burial or skeletal remains. This act provides that additional delays of up to 30 days may be allowed if the state historic preservation officer determines that such additional delays are necessary. The state historic preservation officer must notify all parties directly affected by the delay of the additional delay and gives reasons. Any subsequent delay must not exceed 30 days and must be accompanied by written notification to the parties that gives reasons for the delay.

SECTION 194.408 - The act provides that reinterment may be delayed for more than one year in cases where the direct kin or descendants of human remains can be identified.

The state historic preservation officer is required to seek approval from the unmarked human burial consultation committee before delaying the reinterment of remains for more than one year. Currently, it is within the discretion of the officer to seek approval from the committee.

After an initial discovery of remains or a burial site, if a person wishes to further disturb the site or remains, then the person must follow all procedures required by the unmarked human burial act and is responsible for the costs of such procedures.

SECTION 194.409 - The act increases the number of annual meetings of the unmarked human burial consultation committee from one to two.

SECTION 194.410 - Civil penalties are created for anyone violating provisions of the Unmarked Human Burial Act. For natural persons, the penalty shall be $1,000 per violation. For corporations and other entities, the penalty shall be $10,000 per violation. The civil penalties can be in addition to other criminal penalties authorized by law. All civil penalty moneys collected shall be placed in the Natural Resources Protection Fund and, subject to appropriation, shall be used by the state historic preservation officer to carry out its duties regarding the unmarked human burial act.

This act contains penalty provisions.
JIM ERTLE