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Regular Session, 2012
SENATE BILL NO. 187
BY SENATOR DORSEY-COLOMB
CEMETERIES. Provides relative to the collection, analysis and reburial of exposed human
skeletal remains from municipal and abandoned cemeteries. (8/1/12)
AN ACT1
To enact R.S. 8:663, relative to human remains; to provide for the collection, analysis, and2
reburial of exposed human skeletal remains; to provide certain terms, conditions,3
definitions, procedures and requirements; to provide for certain limitation of liability;4
and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 8:663 is hereby enacted to read as follows: 7
ยง663. Collection, analysis, and reburial of exposed human skeletal remains8
A. The legislature hereby finds that exposed human skeletal remains in9
cemeteries, while harmless from a public health perspective, are nonetheless10
disrespectful to those interred in the cemetery and are susceptible to being11
looted. Accordingly, the legislature finds that the collection and reburial of12
these remains, in a controlled, scientific, and respectful manner, is in the best13
interests of the public.14
B. This Section shall apply only to municipal cemeteries as defined in15
R.S. 8:1, and to cemeteries that do not currently hold a certificate of authority16
under this Title.17 SB NO. 187
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C. The words and phrases in this Section shall have the meanings given1
to them in Chapter 10-A of this Title unless the context clearly indicates2
otherwise.3
D. (1) Upon the identification of human skeletal remains and burial items4
exposed to the surface in a cemetery subject to this Section, the Louisiana5
Cemetery Board or the attorney general shall make a reasonable attempt to6
contact the cemetery and demand that such human skeletal remains and burial7
items be secured and re-interred.8
(2) Upon a failure or refusal of the cemetery authority to comply with a9
demand made under Subpart(D)(1) of this Section and with the express written10
permission of the cemetery authority, the attorney general or students and11
instructors of institutions of higher education from the disciplines of12
anthropology, archaeology, biology, and mortuary science may undertake the13
systematic collection of human skeletal remains and burial items that are14
exposed to the surface and are at risk of being looted from cemeteries within the15
state.16
(3) If written permission of the relevant cemetery authority cannot be17
reasonably obtained and the exposed human skeletal remains are at risk of18
being looted, the attorney general may apply to the district court in which the19
cemetery is located for an order to safeguard the human skeletal remains. Upon20
the filing of such a petition, the district court shall set the matter for hearing in21
the manner provided in C.C.P. Art. 3601, et seq.22
(4) The attorney general may collect the exposed human skeletal remains23
or may delegate that authority to a qualified party under this Subsection.24
E. The following procedures and protocols shall be followed in25
undertaking any collection program under this Section:26
(1) Prior to any collection activity notification, proof of compliance with27
this Section shall be provided to the Louisiana Cemetery Board, the Louisiana28
Division of Archaeology, and the attorney general, in writing.29 SB NO. 187
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(2) Any collection activities shall be conducted under the direction of the1
attorney general or a full-time faculty member from an accredited college or2
university in the state of Louisiana.3
(3) Any collection activities undertaken pursuant to this Section shall be4
supervised by a person with a minimum education level of a master's degree in5
one of the enumerated fields of study in Subpart(D)(2) of this Section.6
(4) All human skeletal remains and burial items collected from the7
surface of a cemetery pursuant to this Section shall be collected in the following8
manner:9
(a) A minimum of two digital photographs of the collected item shall be10
taken prior to its collection that will allow for a visual demonstration of its11
original location.12
(b) A handheld global positioning system (GPS) device shall be used to13
document, with as much specificity as the technology permits, the geographic14
location of the item prior to its collection.15
(c) Each item collected shall be separately bagged.16
(d) Each collection bag shall be labeled and shall contain a label noting,17
at a minimum, the date of collection, the name of the cemetery, the GPS18
coordinates of the item, and the name of the collector.19
(5) The following identification procedures shall be undertaken following20
collection of any human skeletal remains or burial items pursuant to this21
Section:22
(a) There shall be affixed to the item a label sufficient to correlate the23
item to the documentation collected in Subpart(E)(3) of this Section.24
(b) To the extent possible, all standard metric and non-metric25
measurements and observations of the human skeletal remains shall be26
documented pursuant to the Standards for Data Collection from Human27
Skeletal Remains or other comparable subsequent set of data collection28
standards.29 SB NO. 187
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(c) All human skeletal remains collected pursuant to this Section shall be1
stored in a secure location at the collecting institution until such time as the2
cemetery authority undertakes reburials pursuant to this Section.3
(d) Copies of any and all documents and photographs generated from the4
collection activities permitted by this Section shall be lodged with the cemetery5
authority and the office of the attorney general at the time of re-interment of the6
human skeletal remains and burial items. These documents and photographs7
shall constitute public records, subject to the limitations set forth in R.S.8
41:1609 and R.S. 44:4(44).9
F. The following protocols shall be the responsibility of the cemetery10
authority:11
(1) The cemetery authority shall re-inter, at its own cost, the human12
skeletal remains and burial items collected pursuant to this Section.13
(2) If analysis leads to the positive identification of any human skeletal14
remains, such remains shall be re-interred by the cemetery authority, at its own15
cost, in the grave space associated with the identified individual.16
(3) In the event that no cemetery authority is identifiable, such human17
skeletal remains shall be curated by the collecting entity in a manner that18
conforms to the Louisiana Division of Archaeology curation guidelines. Such19
human skeletal remains may be re-interred in an unused portion of the subject20
cemetery pursuant to an order of a court of competent jurisdiction.21
G. There shall be no liability on the part of, and no action for damages22
against, any of the following:23
(1) Any institution, or its agents, employees, or students, for any action24
undertaken or performed by such person pursuant to this Section when such25
person is acting without malice and in the reasonable belief that the action26
taken by him is warranted.27
(2) Any cemetery owner, cemetery authority, or its agents or employees,28
for any action undertaken or performed by such person pursuant to this Section29 SB NO. 187
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when such person is acting without malice and in the reasonable belief that the1
action taken by him is warranted.2
(3) Any person, committee, association, organization, firm, or3
corporation providing information to an institution, cemetery owner, or4
cemetery authority conducting or permitting collection activities pursuant to5
this Section, its agents, employees, or students when such a person, committee,6
association, organization, firm, or corporation providing such information7
without malice and in the reasonable belief that such information is accurate8
shall not be held, by reason of having provided such information, to be liable in9
damages under any law of the state or any political subdivision thereof.10
(4) The Louisiana Cemetery Board, the Louisiana Division of11
Archaeology, and the attorney general, and their agents or employees, shall not12
be liable in damages under any law of the state or any political subdivision for13
their role in administering portions of this Section.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Proposed law provides that the legislature finds that the collection and reburial of exposed
human skeletal remains in cemeteries done in a controlled, scientific, and respectful manner,
is in the best interests of the public.
Proposed law applies only to municipal cemeteries and to cemeteries that do not currently
hold a certificate of authority under present law.
Proposed law provides that upon the identification of human skeletal remains and burial
items exposed to the surface in a cemetery subject to proposed law, the Louisiana Cemetery
Board or the attorney general shall make a reasonable attempt to contact the cemetery and
demand that such human skeletal remains and burial items be secured and re-interred.
Proposed law provides that upon a failure or refusal of the cemetery authority to comply
with a demand made under proposed law, and with the express written permission of the
cemetery authority, the attorney general or students and instructors of institutions of higher
education from the disciplines of anthropology, archaeology, biology, and mortuary science
may undertake the systematic collection of human skeletal remains and burial items exposed
to the surface and at risk of being looted from cemeteries within the state.
Proposed law provides that if written permission of the relevant cemetery authority cannot
be reasonably obtained and the exposed human skeletal remains are at risk of being looted,
the attorney general may apply to the district court in which the cemetery is located for an
order to safeguard the human skeletal remains. Upon the filing of such a petition, the district
court shall set the matter for hearing in the manner provided in present law. SB NO. 187
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law provides that the attorney general may collect the exposed human skeletal
remains or may delegate that authority to a qualified party according to proposed law.
Proposed law sets forth procedures and protocols to be followed in undertaking any
collection program.
Proposed law sets forth protocols that are the responsibility of the cemetery authority.
Proposed law shields from liability all of the following parties:
(1) Any institution, or its agents, employees, or students, for any action undertaken or
performed by such person pursuant to proposed law, when such person is acting
without malice and in the reasonable belief that the action taken by him is warranted.
(2) Any cemetery owner, cemetery authority, or its agents or employees, for any action
undertaken or performed by such person pursuant to proposed law, when such person
is acting without malice and in the reasonable belief that the action taken by him is
warranted.
(3) Any person, committee, association, organization, firm, or corporation providing
information to an institution, cemetery owner, or cemetery authority conducting or
permitting collection activities pursuant to proposed law, its agents, employees, or
students when such a person, committee, association, organization, firm, or
corporation providing such information without malice and in the reasonable belief
that such information is accurate shall not be held, by reason of having provided such
information, to be liable in damages under any law of the state or any political
subdivision thereof.
Proposed law shields the Louisiana Cemetery Board, the Louisiana Division of Archaeology,
and the attorney general, and their agents or employees, from any liability for damages under
any law of the state or any political subdivision for their role in administering portions of
proposed law.
Effective August 1, 2012.
(Adds R.S. 8:663)