Effective - 28 Aug 2018, 2 histories
194.408. State historic preservation officer, reinterment, duties — consultation with advisory council on historic preservation, when — conformity with federal law. — 1. Whenever an unmarked human burial or human skeletal remains are reported to the state historic preservation officer, the state historic preservation officer shall proceed as follows:
(1) Insofar as possible, the state historic preservation officer shall make reasonable efforts to identify and locate persons who can establish direct kinship with or descent from the individual whose remains constitute the burial. The state historic preservation officer, in consultation with the most closely related family member, shall determine the proper disposition of the remains;
(2) When no direct kin or descendants can be identified or located, but the burial or remains can be shown to have ethnic affinity with living peoples, the state historic preservation officer in consultation with the leaders of the ethnic groups having a relation to the burial or remains shall determine the proper disposition of the remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year;
(3) When the burial or remains cannot be related to any living peoples, the state historic preservation officer, in consultation with the Missouri advisory council on historic preservation, shall determine the proper disposition of the burial or remains. But, if the state historic preservation officer determines the burial or remains are scientifically significant, no reinterment shall occur until the burial or remains have been examined by a skeletal analyst designated by the state historic preservation officer. In no event shall reinterment be delayed more than one year unless otherwise and to the extent determined by the council;
(4) Notwithstanding subdivisions (2) and (3) of this section the state historical preservation officer may seek approval from the council to delay reinterment of the remains for an additional scientific study in a facility chosen by the state historic preservation officer. If the study is approved by the council reinterment shall be delayed for a period as specified by the council.
2. All actions and decisions of the state historic preservation officer and the council shall be in conformity with the provisions of the federal National Historic Preservation Act of 1966, as amended, and the federal Native American Graves Protection and Repatriation Act (NAGPRA).
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(L. 1987 S.B. 24 § 5, A.L. 2018 S.B. 843)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 194 - Death — Disposition of Dead Bodies
Section 194.005 - Death, legal definition.
Section 194.010 - Encasement of bodies to be shipped.
Section 194.020 - Hermetically sealed coffin, specifications.
Section 194.060 - Transportation of dead body by common carrier, requirements.
Section 194.070 - Preparation of certain bodies for shipment supervised by health officer.
Section 194.080 - Preparation of certain dead bodies for shipment.
Section 194.100 - Transportation of bodies where cause of death is noncontagious.
Section 194.110 - Penalty for violation.
Section 194.120 - Missouri state anatomical board — members — responsibilities.
Section 194.130 - Meetings of board — organization — funds.
Section 194.140 - Acceptance of provisions of this law — bond — prohibited actions and penalties.
Section 194.150 - Disposal of paupers' bodies.
Section 194.160 - Distribution of bodies.
Section 194.170 - Autopsy not to be held, when.
Section 194.180 - Penalty for violation.
Section 194.197 - Depth at which body is buried may be regulated.
Section 194.210 - Definitions.
Section 194.215 - Applicability of law.
Section 194.220 - Registry to be established — gift may be made by whom.
Section 194.230 - Amendment or revocation, procedure.
Section 194.235 - Refusal to make a gift, evidenced how, requirements.
Section 194.250 - Document of gift, procedure.
Section 194.260 - Reasonable search to identify donors — immunity from liability, when.
Section 194.270 - Hospitals to enter into agreements with procurement organizations.
Section 194.280 - Falsification of documents, penalty.
Section 194.285 - Immunity from liability, when.
Section 194.293 - Uniformity of law a consideration in construing statutory provisions.
Section 194.294 - Effect of law on certain federal acts.
Section 194.295 - Embalmers authorized to enucleate eyes, when.
Section 194.299 - Money in organ donor program fund, how expended.
Section 194.302 - Advisory committee's powers and duties — annual report, due when.
Section 194.307 - Effective date for sections 194.240, 194.297 through 194.304 and section 302.171.
Section 194.350 - Disposition of cremated remains — if no directions are given, procedure, notice.
Section 194.375 - Citation of law — definitions.
Section 194.378 - Final disposition of fetal remains, mother has right to determine.
Section 194.381 - Means of disposition.
Section 194.390 - Right to legal abortion not affected.
Section 194.400 - Definitions.
Section 194.405 - Scope of law.
Section 194.410 - Human burial sites — knowingly disturb, penalty — appropriation for sale, penalty.
Section 194.425 - Abandonment of a corpse without notifying authorities, penalty.
Section 194.500 - Definitions.
Section 194.503 - Right-of-way — use of lead vehicles — emergency vehicles with right-of-way, when.
Section 194.509 - Regulations for nonparticipating vehicle operators — violations, penalty.
Section 194.512 - Use of amber lights for motorcycles — ordinances permitted.