AB 620

This bill establishes a procedure for owners of burial sites that are currently

cataloged by the director of the State Historical Society and owners of certain land

contiguous to cataloged burial sites to challenge the existence of human remains in

the burial site. Current law requires the director to identify and record in a catalog

burial sites and, for land not platted for use as a cemetery, sufficient contiguous land

necessary to protect burial sites from disturbance. Subject to certain exceptions, the

disturbance of burial sites and cataloged land contiguous to burial sites is prohibited.

Under the bill, the director must issue a permit for the investigation of a

cataloged burial site to the owner of the burial site or to the owner of cataloged land

contiguous to the burial site if the burial site was cataloged before the date the bill

becomes law and the owner disputes the existence of human remains in the burial

site and applies for a permit. An owner issued a permit under the bill may, at the

owner's own expense, investigate the site for evidence of human remains using

investigational methods set forth in the bill. If the investigation finds no evidence

of human remains in the burial site, the director is required to remove the burial site

and contiguous land from the catalog.

For land that is cataloged on or after the date on which the bill becomes law, the

bill provides that no burial site on private property and no private land that is

contiguous to a burial site may be cataloged unless the director establishes that

human remains are present in the burial site based on investigational methods set

forth in the bill.