Coroners-archaeological burials.

WORKING DRAFT
2009
STATE OF
WYOMING
09LSO-0041

HOUSE BILL
NO.
HB0003

Coroners-arch
a
eological burials.

Sponsored by:
Joint Corporations, Elections and Political Subdivisions Interim Committee

A BILL

for

AN ACT relating to county coroners; providing for exhumation of human remains; providing for notification to state archaeologist of archaeological human burials;
providing an appropriation;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 7
‑
4
‑
105 is created to read:

7
‑
4
‑
105.

Archaeological human burials.

(a)

Notwithstanding W.S. 6-4-501, the county coroner shall have jurisdiction over all archaeological human burials discovered in the county.

(b)

When human remains are discovered, the county coroner shall be notified. The coroner shall determine the approximate age of the burial location. If the human remains constitute an archaeological human burial the coroner shall notify the state archaeologist.

(c)

An archaeological human burial may only be exhumed by the state archaeologist in coordination with the county coroner and only when exhumation is in the public interest.

(d)

Human remains shall be treated with respect, dignity and with consideration of religious, spiritual and ethnic evidence present at the burial.

(e)

The state archaeologist and coroner shall notify and consult with appropriate native
American
tribes when any archaeological human burial and associated grave goods are determined by the state archaeologist to be native
American
and culturally affiliated with one (1) or more native
American
tribes.

(
f
)

For purposes of this section "
a
rchaeological human burial" means human remains where the death of the human is determined to have occurred more than one hundred (100) years prior to the remains being discovered but does not include remains found in known or marked graves or in established cemeteries.

Section 2.
W.S. 6
‑
4
‑
501(a) is amended to read:

6
‑
4
‑
501.

Opening graves and removing bodies; penalty; exception.

(a)

Except as provided in W.S. 7
‑
4
‑
105, a
person who opens a grave or tomb and removes a body or remains of a deceased person for any purpose without the knowledge and consent of near relations of the deceased commits a misdemeanor punishable by a fine of not more than seven hundred fifty dollars ($750.00).

Section 3
.
There is appropriated thirty thousand dollars ($30,000.00) from the general fund to the department of state parks and cultural resources. This appropriation shall be for the period beginning with the effective date of this act and ending June 30, 2010. This appropriation shall only be expended for the purpose of providing for state archaeologist assistance with the exhumation of archaeological human remains as provided in section 1 of this act. Notwithstanding any other provision of law, this appropriation shall not be transferred or expended for any other purpose and any unexpended, unobligated funds remaining from this appropriation shall revert as provided by law on June 30, 2010. This appropriation shall not be included in the
department's
2011-2012 standard biennial budget request.

Section
4
.
This act is effective
July 1, 2009
.

(END)

1
HB0003