language to be deleted (2) new language
Laws of Minnesota 1983 CHAPTER 282--S.F.No. 1015 An act relating to cemeteries; increasing the penalty for illegal molestation of human remains; requiring the state or political subdivision to obtain archaeologist services and to pay for removal of Indian burial grounds under certain circumstances; amending Minnesota Statutes 1982, section 307.08, subdivisions 2, 4, 8, and 10. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1982, section 307.08, subdivision 2, is amended to read: Subd. 2.
EveryA person who shall wilfullyintentionally, willfully, or knowingly destroydestroys, mutilatemutilates, injureinjures, or removeremoves human skeletal remains or human burials, or removeremoves any tombstone, monument, or structure placed in any public or private cemetery or unmarked human burial ground, or any fence, railing, or other work erected for protection or ornament, or any tree, shrub, or plant or grave goods and artifacts within the limits thereofof the cemetery or burial ground, and everya person who, without authority from the trustees, state archaeologist, or Indian affairs intertribal board, shall dischargedischarges any firearms upon or over the grounds of any public or private cemetery or authenticated and identified Indian burial ground, shall beis guilty of a gross misdemeanor. Sec. 2. Minnesota Statutes 1982, section 307.08, subdivision 4, is amended to read: Subd. 4. The state shall retain the services of a qualified professional archaeologist, approved by the state archaeologist and the Indian affairs intertribal board shall authenticate and identify, for the purpose of authenticating and identifying Indian burial grounds when requested by the political subdivision in which the alleged Indian burial grounds are located, orby a concerned scientific or contemporary Indian ethnic group, when Indian burials are known or suspected to exist on public lands or waters controlled by the state or political subdivision. Sec. 3. Minnesota Statutes 1982, section 307.08, subdivision 8, is amended to read: Subd. 8. The Indian affairs intertribal board must approve any request to relocate an authenticated and identified Indian burial ground.No authenticated and identified Indian burial ground may be relocated unless the request to relocate is approved by the Indian affairs intertribal board. When the Indian burial ground is located on public lands or waters, the cost of removal is the responsibility of and shall be paid by the state or political subdivision controlling the lands or waters. If large Indian burial grounds are involved, efforts shall be made by the state to purchase and protect them instead of removing them to another location. Sec. 4. Minnesota Statutes 1982, section 307.08, subdivision 10, is amended to read: Subd. 10. When Indian burials are known or suspected to exist, on public lands or waters, the agency or departmentstate or political subdivision controlling saidthe lands or waters shall submit construction and development plans to the state archaeologist and the Indian affairs intertribal board for review prior to the time bids are advertised. The state archaeologist and the Indian affairs intertribal board shall promptly review suchthe plans and make recommendations for the preservation or removal of the human burials or remains, which may be endangered by construction or development activities. Sec. 5. [EFFECTIVE DATE.] Sections 2 to 4 are effective the day following final enactment. Section 1 is effective August 1, 1983. Approved June 6, 1983