75-2742 Legislative findings; purpose of act.
75-2742. Legislative findings; purpose of act. (a) The legislature finds that: (1) Existing state laws do not provide adequate protection for unmarked burial sites and human skeletal remains; and (2) there is no procedure regarding the treatment and disposition of human skeletal remains from unmarked burial sites necessary to protect the interests of descendants or […]
75-2743 Definitions.
75-2743. Definitions. As used in this act: (a) “Board” means the unmarked burial sites preservation board. (b) “Evaluation” means assessment by the state historical society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the […]
75-2744 Board; administration, composition, terms, compensation, expenses, offices.
75-2744. Board; administration, composition, terms, compensation, expenses, offices. (a) There is hereby created the unmarked burial sites preservation board. The board shall be attached to the state historical society. All budgeting, purchasing and related management functions shall be administered under the direction of the secretary of the state historical society. All vouchers for expenditures of […]
75-2745 Same; powers and duties.
75-2745. Same; powers and duties. The board shall have the power and duty to: (a) Provide for the establishment and maintenance of a registry of unmarked burial sites located in this state; (b) consult with all interested parties on occasions of disturbance, or threatened or potential disturbance, of unmarked burial sites to determine a proper […]
75-2746 Registry.
75-2746. Registry. (a) Each unmarked burial site located in this state which becomes known to the board shall be entered on the registry established under K.S.A. 75-2745. The board shall identify, to the extent possible, the cultural or personal identity of the deceased person or persons interred at the site and shall notify each landowner […]
75-2747 Permits.
75-2747. Permits. (a) The board shall establish by rules and regulations a system of permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and any goods interred with such remains. (b) A permit to excavate human remains from an unmarked burial site and goods interred with […]
75-2748 Prohibited acts; criminal and civil penalties.
75-2748. Prohibited acts; criminal and civil penalties. (a) On and after January 1, 1990, no person shall, unless such person holds a permit issued by the board to do so or is exempt pursuant to subsection (b): (1) Willfully disturb an unmarked burial site; (2) knowingly possess human skeletal remains known to have been from […]
75-2749 Notice of violations or discovery of remains; penalties.
75-2749. Notice of violations or discovery of remains; penalties. (a) Any person who knows or has reason to know that a violation of K.S.A. 75-2748, and amendments thereto, is being or has been committed must immediately notify the law enforcement agency of the jurisdiction where the violation occurred. A law enforcement agency shall notify the […]
75-2750 Inspection warrant.
75-2750. Inspection warrant. The chairperson of the board, or a person designated by the chairperson, may apply to a judge of the district court of a county for an inspection warrant to inspect premises located in such county for the purpose of determining compliance with this act or with the terms of a permit issued […]
75-2751 Duties of attorney general.
75-2751. Duties of attorney general. Upon request of the board, the attorney general shall aid in any investigation, inspection, hearing or trial pursuant to the provisions of this act and shall institute and prosecute all necessary actions or proceedings for the enforcement of this act. The attorney general shall report to or confer with the […]