2624-S2 AMH APPL KERR 150

2SHB 2624 - H AMD 1063

By Representative Appleton

ADOPTED 2/15/2008

   On page 2, line 7, after "liability" strike all material through "law" on line 10 and insert "arising under the provisions of this section provided the following criteria are met:

   (i) The finding of the remains was based on inadvertent discovery;

   (ii) The requirements of the subsection are otherwise met; and

   (iii) The person is otherwise in compliance with applicable law"

   On page 2, line 28, after "finding." strike all material through "affiliation" on line 31 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

   On page 3, line 8 after "(a)", insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

   (b)"

   Renumber the remaining sections and correct internal references accordingly.

   On page 3, line 29, after "liability" strike all material through "law" on line 32 and insert "arising under the provisions of this section provided the following criteria are met:

   (i) The finding of the remains was based on inadvertent discovery;

   (ii) The requirements of the subsection are otherwise met; and

   (iii) The person is otherwise in compliance with applicable law"

   On page 4, line 12, after "finding." strike all material through "affiliation" on line 15 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

   On page 4, line 30, after "(a)" insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

   (b)"

   Renumber the remaining sections and correct internal references accordingly.

   On page 5, line 14, after "liability" strike all material through "law" on line 17 and insert "arising under the provisions of this section provided the following criteria are met:

   (i) The finding of the remains was based on inadvertent discovery;

   (ii) The requirements of the subsection are otherwise met; and

   (iii) The person is otherwise in compliance with applicable law"

   On page 5, line 34, after "finding." strike all material through "affiliation" on line 37 and insert "The determination of what are appropriate local cemeteries to be notified is at the discretion of the department"

   On page 6, line 15, after "(a)" insert ""Affected tribes" are those federally recognized tribes with usual and accustomed areas in the jurisdiction where the remains were found, or those federally recognized tribes that submit to the department maps that reflect the tribe's geographical area of cultural affiliation.

   (b)"

   Renumber the remaining sections and correct internal references accordingly.

   On page 9, at the beginning of line 5, strike "determination," and insert "determinations and"

   On page 9, line 6, strike "reinterring" and insert "reinterrment of such remains"

   On page 9, line 13, after "skeletal" insert "human"

   On page 9, line 13, after "and" insert "other"

EFFECT: Clarifies that individuals will be held harmless from criminal and civil liability provided they meet the requirements of the subsection and other applicable law; gives the Department of Archeology and Historic Preservation the discretion to determine which local cemeteries should be notified upon the inadvertent discovery of skeletal human remains; specifies that affected tribes are those that are federally recognized; makes technical corrections.