BILL REQ. #: H-5053.1
State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 01/29/08.
AN ACT Relating to human remains; amending RCW 27.53.030; adding a new section to chapter 68.50 RCW; adding a new section to chapter 27.44 RCW; adding a new section to chapter 68.60 RCW; adding a new section to chapter 43.334 RCW; adding a new section to chapter 27.34 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 68.50 RCW
to read as follows:
(1) It is the duty of every person who knows of the existence and
location of skeletal human remains to notify the coroner and local law
enforcement in the most expeditious manner possible, unless such person
has good reason to believe that such notice has already been given.
Any person knowing of the existence of skeletal human remains and not
having good reason to believe that the coroner and local law
enforcement has notice thereof and who fails to give notice to the
coroner and local law enforcement, is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability in the event
the finding of the remains were based on an inadvertent discovery, if
the requirements of this subsection are met and the person is otherwise
in compliance with applicable law.
(3) The coroner must make a determination of whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such human remains provided that
there is sufficient evidence to make such a determination within that
time period. The coroner will retain jurisdiction over forensic
remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the department of archaeology and historic
preservation within two business days. The department will have
jurisdiction over such remains until provenance of the remains is
established. A determination that remains are nonforensic does not
create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the department must notify the
appropriate local cemeteries, and all affected Indian tribes via
certified mail to the head of the appropriate tribal government, and
contact the appropriate tribal cultural resources staff within two
business days of the finding. Affected tribes are those with usual and
accustomed areas in the jurisdiction where the remains were found, or
those that submit to the department maps that reflect the tribe's
geographical area of cultural affiliation. A notification to tribes of
a finding of such nonforensic skeletal human remains does not create a
presumption that the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of nonforensic remains. If
the remains are determined to be Indian, the department must notify all
affected Indian tribes via certified mail to the head of the
appropriate tribal government within two business days and contact the
appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the department as to their interest in the
remains.
(4) For the purposes of this section:
(a) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(b) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
NEW SECTION. Sec. 2 A new section is added to chapter 27.44 RCW
to read as follows:
(1) Any person who discovers skeletal human remains must notify the
coroner and local law enforcement in the most expeditious manner
possible. Any person knowing of the existence of human remains and not
having good reason to believe that the coroner and local law
enforcement has notice thereof and who fails to give notice thereof is
guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability in the event
the finding of the remains were based on an inadvertent discovery, if
the requirements of this subsection are met and the person is otherwise
in compliance with applicable law.
(3) The coroner must make a determination whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such remains provided that there
is sufficient evidence to make such a determination within that time
period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the department of archaeology and historic
preservation within two business days. The department will have
jurisdiction over such remains until provenance of the remains is
established. A determination that remains are nonforensic does not
create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the department must notify the
appropriate local cemeteries, and all affected Indian tribes via
certified mail to the head of the appropriate tribal government, and
contact the appropriate tribal cultural resources staff within two
business days of the finding. Affected tribes are those with usual and
accustomed areas in the jurisdiction where the remains were found, or
those that submit to the department maps that reflect the tribe's
geographical area of cultural affiliation. A notification to tribes of
a finding of nonforensic skeletal human remains does not create a
presumption that the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of such nonforensic remains.
If the remains are determined to be Indian, the department must notify
all affected Indian tribes via certified mail to the head of the
appropriate tribal government within two business days and contact the
appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the department as to their interest in the
remains.
(4) For the purposes of this section:
(a) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(b) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
NEW SECTION. Sec. 3 A new section is added to chapter 68.60 RCW
to read as follows:
(1) Any person who discovers skeletal human remains shall notify
the coroner and local law enforcement in the most expeditious manner
possible. Any person knowing of the existence of skeletal human
remains and not having good reason to believe that the coroner and
local law enforcement has notice thereof and who fails to give notice
thereof is guilty of a misdemeanor.
(2) Any person engaged in ground disturbing activity and who
encounters or discovers skeletal human remains in or on the ground
shall:
(a) Immediately cease any activity which may cause further
disturbance;
(b) Make a reasonable effort to protect the area from further
disturbance;
(c) Report the presence and location of the remains to the coroner
and local law enforcement in the most expeditious manner possible; and
(d) Be held harmless from criminal and civil liability in the event
the finding of the remains were based on an inadvertent discovery, if
the requirements of this subsection are met and the person is otherwise
in compliance with applicable law.
(3) The coroner must make a determination whether the skeletal
human remains are forensic or nonforensic within five business days of
receiving notification of a finding of such remains provided that there
is sufficient evidence to make such a determination within that time
period. The coroner will retain jurisdiction over forensic remains.
(a) Upon determination that the remains are nonforensic, the
coroner must notify the department of archaeology and historic
preservation within two business days. The department will have
jurisdiction over such remains until provenance of the remains is
established. A determination that remains are nonforensic does not
create a presumption of removal or nonremoval.
(b) Upon receiving notice from a coroner of a finding of
nonforensic skeletal human remains, the department must notify the
appropriate local cemeteries, and all affected Indian tribes via
certified mail to the head of the appropriate tribal government, and
contact the appropriate tribal cultural resources staff within two
business days of the finding. Affected tribes are those with usual and
accustomed areas in the jurisdiction where the remains were found, or
those that submit to the department maps that reflect the tribe's
geographical area of cultural affiliation. A notification to tribes of
a finding of such nonforensic skeletal human remains does not create a
presumption that the remains are Indian.
(c) The state physical anthropologist must make an initial
determination of whether nonforensic skeletal human remains are Indian
or non-Indian to the extent possible based on the remains within two
business days of notification of a finding of such nonforensic remains.
If the remains are determined to be Indian, the department must notify
all affected Indian tribes via certified mail to the head of the
appropriate tribal government within two business days and contact the
appropriate tribal cultural resources staff.
(d) The affected tribes have five business days to respond via
telephone or writing to the department as to their interest in the
remains.
(4) For the purposes of this section:
(a) "Forensic remains" are those that come under the jurisdiction
of the coroner pursuant to RCW 68.50.010.
(b) "Inadvertent discovery" has the same meaning as used in RCW
27.44.040.
NEW SECTION. Sec. 4 A new section is added to chapter 43.334 RCW
to read as follows:
(1) The director shall appoint a state physical anthropologist. At
a minimum, the state physical anthropologist must have a doctorate in
either archaeology or anthropology and have experience in forensic
osteology or other relevant aspects of physical anthropology and must
have at least one year of experience in laboratory reconstruction and
analysis. A medical degree with archaeological experience in addition
to the experience required may substitute for a doctorate in
archaeology or anthropology.
(2) The state physical anthropologist has the primary
responsibility of investigating, preserving, and, when necessary,
removing and reinterring discoveries of nonforensic skeletal human
remains. The state physical anthropologist is available to any local
governments or any federally recognized tribal government within the
boundaries of Washington to assist in determining whether discovered
skeletal human remains are forensic or nonforensic.
(3) The director shall hire staff as necessary to support the state
physical anthropologist to meet the objectives of this section.
(4) For the purposes of this section, "forensic remains" are those
that come under the jurisdiction of the coroner pursuant to RCW
68.50.010.
Sec. 5 RCW 27.53.030 and 2005 c 333 s 20 are each amended to read
as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Archaeology" means systematic, scientific study of man's past
through material remains.
(2) "Archaeological object" means an object that comprises the
physical evidence of an indigenous and subsequent culture including
material remains of past human life including monuments, symbols,
tools, facilities, and technological by-products.
(3) "Archaeological site" means a geographic locality in
Washington, including but not limited to, submerged and submersible
lands and the bed of the sea within the state's jurisdiction, that
contains archaeological objects.
(4) "Department" means the department of archaeology and historic
preservation, created in chapter 43.334 RCW.
(5) "Director" means the director of the department of archaeology
and historic preservation, created in chapter 43.334 RCW.
(6) "Historic" means peoples and cultures who are known through
written documents in their own or other languages. As applied to
underwater archaeological resources, the term historic shall include
only those properties which are listed in or eligible for listing in
the Washington State Register of Historic Places (RCW 27.34.220) or the
National Register of Historic Places as defined in the National
Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.
(7) "Prehistoric" means peoples and cultures who are unknown
through contemporaneous written documents in any language.
(8) "Professional archaeologist" means a person ((who has met the
educational, training, and experience requirements of the society of
professional archaeologists.)) with qualifications
meeting the federal secretary of the interior's standards for a
professional archaeologist. Archaeologists not meeting this standard
may be conditionally employed by working under the supervision of a
professional archaeologist for a period of four years provided the
employee is pursuing qualifications necessary to meet the federal
secretary of the interior's standards for a professional archaeologist.
During this four-year period, the professional archaeologist is
responsible for all findings. The four-year period is not subject to
renewal.
(9) "Qualified archaeologist" means a person who has had formal
training and/
(((10))) (9) "Amateur society" means any organization composed
primarily of persons who are not professional archaeologists, whose
primary interest is in the archaeological resources of the state, and
which has been certified in writing by two professional archaeologists.
(((11))) (10) "Historic archaeological resources" means those
properties which are listed in or eligible for listing in the
Washington State Register of Historic Places (RCW 27.34.220) or the
National Register of Historic Places as defined in the National
Historic Preservation Act of 1966 (Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or hereafter amended.
NEW SECTION. Sec. 6 A new section is added to chapter 27.34 RCW
to read as follows:
The department of archaeology and historic preservation shall
develop and maintain a centralized database and geographic information
systems spatial layer of all known cemeteries and known sites of
burials of human remains in Washington state. The information in the
database is subject to public disclosure, except as provided in RCW
42.56.300; exempt information is available by confidentiality agreement
to federal, state, and local agencies for purposes of environmental
review, and to tribes in order to participate in environmental review,
protect their ancestors, and perpetuate their cultures.
Information provided to state and local agencies under this section
is subject to public disclosure, except as provided in RCW 42.56.300.