Citation: Kansas Unmarked Burial Sites Preservation Act (Kansas Code Â§75-2741, et seq.).
Date Enacted: 1989
Summary: The law specifically relates to unmarked burial sites, human remains and artifacts on private and public lands. No one without a permit, may disturb an unmarked burial site or possess human remains or grave goods. Possession of grave goods obtained prior to January 1, 1990 is exempted. No one may display human remains or artifacts from burials or trade in such artifacts. Anyone with knowledge of such activities must report it or is guilty of a misdemeanor with a fine of not less than $100 nor more than $500. Anyone discovering human skeletal remains must immediately notify the local law enforcement agency, which notifies the coroner. The coroner determines if the remains are forensic, then notifies the State Historical Society. The Society consults with the Unmarked Burial Sites Preservation Board. After disinterment, the remains and goods may be studied for up to one year by the State Historical Society. Scientific study may be extended by six months. Upon completion of the analysis, the remains and goods will be under the direction of the Unmarked Burial Sites Preservation Board. The Secretary of the State Historical Society will establish, with Board approval, a cemetery on state land for reinterment of human skeletal remains and grave goods from unmarked burials.
Jurisdiction: All lands within Kansas.
Statute of Limitations: Not specified.
Areas Covered Under Act: Unmarked burial sites, skeletal remains and grave goods.
Ownership: State under the jurisdiction of the Historical Society.
Review/Consultation Committee: Consultation with the Unmarked Burial Sites Preservation Board, a division of the State Historical Society.
Liable: Any person without a permit who disturbs an unmarked burial site or possesses human remains or grave goods after January 1, 1990.
Penalties: Failure to give notice of an unmarked burial site to the local law enforcement agency is a misdemeanor and punishable by fines between $100 and $500. Other penalties include fines not more than $20,000. Second and subsequent fines may be assessed up to $100,000.
Exemptions: Remains or grave goods obtained prior to January 1, 1990 are exempted from this law.
Permitting: Permits are issued by the Unmarked Burial Sites Preservation Board.