09RS House Bill 115

House Bill 115

Actions

Last Action	to Judiciary (H)
Title	AN ACT relating to historic preservation.
Bill Documents	Bill
Impact Statements	Corrections Impact Local Mandate
Bill Request Number	252
Sponsors	R. Meeks, J. Richards
Summary of Original Version	Create a new section of KRS Chapter 381 relating to the disposition of historic or prehistoric human remains; declare public policy of the Commonwealth regarding historic or prehistoric human remains; define terms relating to the disposition of historic or prehistoric human remains; establish property confirmation process by which property owners or developers verify whether property contains known human remains; authorize the Kentucky Heritage Council to promulgate administrative regulations related to the disposition of historic and prehistoric human remains; prohibit the issuance of building permits under KRS Chapter 198B until the property owner or developer has completed the preconditions relating to human remains; formulate the procedures and requirements for a human remains outcome review; prescribe the procedures and requirements for an adverse effects determination; list prohibited actions subject to the penalties prescribed in KRS 381.990 regarding the disposition of human remains; establish the procedures and requirements for a human remains disposition agreement between the Kentucky Heritage Council and a property owner or developer; authorize the Kentucky Heritage Council to establish a plan for the disposition of human remains if a human remains disposition agreement cannot be reached; create an emergency inspection process for unforeseen human remains or unforeseen adverse effects on human remains; allow property owners or developers to appeal in specified ways when aggrieved by decisions of the Kentucky Heritage Council; exempt from human remains disposition process actions taken under KRS 381.755 or KRS Chapter 72, surface coal mining conducted in accordance with a permit issued under KRS Chapter 350, archaeological investigations and data recovery projects conducted under relevant portions of the Federal National Historic Preservation Act of 1966, and archaeological surveys; amend KRS 381.990 to create the offense of intentional desecration of human remains; levy fines of not less than $1,000 and not more than $2,000 for each act of intentional desecration of human remains; declare that intentional desecration of human remains is a Class A misdemeanor for the first offense and a Class D felony for each subsequent offense; amend KRS 164.715 to state that no person shall willfully injure, destroy, or deface any human remains found on any property when protected under this Act; make technical corrections to conform; amend KRS 171.313 to require the Kentucky Historical Society to cooperate in the processes established under this Act; make technical corrections to conform; amend KRS 171.381 to require the Kentucky Heritage Council to develop and control the system for the disposition of human remains under this Act; make technical corrections; require the state historic preservation officer to coordinate and administer the system for the disposition of historic and prehistoric human remains established under this Act; make technical corrections to conform.
Index Headings of Original Version	Administrative Regulations and Proceedings - Kentucky Heritage Council, expanded regulatory power of Cemeteries and Burials - Historic or prehistoric remains on property, procedure for disposition of Highways, Streets, and Bridges - Historic or prehistoric remains on property, procedure for disposition of Land Use - Historic or prehistoric remains on property, procedure for disposition of Deeds and Conveyances - Property transfers, plans for historic or prehistoric remains attached to Housing, Building, and Construction - Historic or prehistoric remains on property, limitation created by Property - Historic or prehistoric remains on property, limitation created by Real Estate - Historic or prehistoric remains on property, limitation created by Corrections Impact - Historic or prehistoric remains on property, limitation created by Local Mandate - Historic or prehistoric remains on property, limitation created by

12/19/08	Prefiled by the sponsor(s).
01/06/09	introduced in House
01/07/09	to Judiciary (H)