“Private Cemeteries Act (Minnesota)”的意思、由来-开放百科全书

The [https://www.revisor.mn.gov/statutes/?id=138 Private Cemeteries Act] is a state Act, which provides legislation respecting private cemeteries, human remains and burial sites in the state of Minnesota, United States.

[https://www.revisor.mn.gov/statutes/?id=307.03 Religious Corporations may Acquire Existing Cemeteries]

[https://www.revisor.mn.gov/statutes/?id=307.05 Gifts for Proprietary Care of Lots]

[https://www.revisor.mn.gov/statutes/?id=307.06 Transfer to Association; How Effected]

[https://www.revisor.mn.gov/statutes/?id=307.08 Damages; Illegal Molestation of Human Remains; Burials; Cemeteries; Penalty; Authentication]

[https://www.revisor.mn.gov/statutes/?id=307.115 Correction of Interment Errors]

Passage and Revisions

The Act was first brought into force in 1976 and has undergone fifteen revisions since that time.

Effects

The Passage of the Private Cemeteries Act impacted the practice of archaeology and treatment of human remains in Minnesota in several ways. The Act:

Archaeological protection

The Act affords protection to state archaeological sites under Section MS 307.08, in that the state of Minnesota declares:

"that all human burials, human remains, and human burial grounds shall be accorded equal treatment and respect for human dignity without reference to their ethnic origins, cultural backgrounds, or religious affiliations. The provisions of this section shall apply to all human burials, human remains, or human burial grounds found on or in all public or private lands or waters in Minnesota" ^[1]

Compliance and enforcement

Penalties for contraventions against the Act are detailed in Section 307.08 of the Act, and include:

Felony; gross misdemeanor

A person who intentionally, willfully, and knowingly does any of the following …:

Gross misdemeanour

A person who, without the consent of the appropriate authority and the landowner, intentionally, willfully, and knowingly does any of the following:

Minnesota Office of the State Archaeologist

The Minnesota Office of the State Archaeologist (MOSA) oversees a portion of the Act and has the following duties stemming from the legislation:

The MOSA has adopted an internal policy, called the State Archaeologists Procedures for Implementing Minnesota’s Private Cemeteries Act, which helps guide the implementation and execution of the Act, within MOSA operations.

Archaeological licensing

The Minnesota Office of the State Archaeologist has mandate over the issuance of archaeological investigation licenses in the state, in conjunction with the Minnesota Historical Society. There are four kinds of licenses, including:

Burial authentication licenses governed by Section MS 307.08 of the Private Cemeteries Act, are issued by the MOSA. These authentications determine the absence or presence of human remains at a site, and often involve extensive sampling of a specific locality.^[2] As the State Archaeologist is the only one legislated by the Field Archaeology Act (Minnesota) to authenticate burials older than 50 years old, the State Archaeologist often serves as Co-Principal on these permits.^[5]

In addition to the five basic professional standards of the MOSA outlined here, the following additional requirements are necessary for burial authentication licenses:

Coroner; Medical Examiner Act

One additional Act which governs the archaeological methods associated with human remains in Minnesota, is the [https://www.revisor.mn.gov/statutes/?id=390 Coroner; Medical Examiner Act], enacted in 1965. This acts makes provisions for the discovery of unidentified deceased persons, and outlines the chain of command with respect to these remains. Section 390.25, Subdivision 5, "Notice to State Archaeologist" reads:

"After the coroner or medical examiner has completed the investigation, the coroner or medical examiner shall notify the state archaeologist, according to section 307.08, of all unidentified human remains found outside of platted, recorded, or identified cemeteries and in contexts which indicate antiquity of greater than 50 years".^[6]

References

1. ^¹²{{Cite web|url=https://www.revisor.mn.gov/statutes/?id=307|title=307 - 2016 Minnesota Statutes|website=www.revisor.mn.gov|access-date=2016-12-19}}
2. ^¹{{Cite web|url=https://www.mn.gov/admin/archaeologist/government/resources/laws-and-statutes/|title=Laws and Statutes|website=Minnesota Office of the State Archaeologist|access-date=2016-12-19}}
3. ^{{Cite web|url=http://mn.gov/admin/assets/PrivateCemeteriesActProcedures_tcm36-187138.pdf|title=Private Cemeteries Act Procedures|last=|first=|date=|website=|publisher=Minnesota Office of the State Archaeologist.|access-date=December 18, 2016}}
4. ^{{Cite web|url=http://mn.gov/admin/archaeologist/professional-archaeologists/manuals-licenses/license-types/|title=License Types|website=Minnesota Office of the State Archaeologist|access-date=2016-12-19}}
5. ^¹{{Cite web|url=http://mn.gov/admin/archaeologist/professional-archaeologists/manuals-licenses/qualifications/|title=Qualifications|website=Minnesota Office of the State Archaeologist|access-date=2016-12-19}}
6. ^{{Cite web|url=https://www.revisor.mn.gov/statutes/?id=390|title=390 - 2016 Minnesota Statutes|website=www.revisor.mn.gov|access-date=2016-12-19}}