194.400. Definitions.

Definitions.

194.400. As used in sections 194.400 to 194.410 the following wordsand phrases mean:

(1) "Committee", the unmarked human burial consultation committee;

(2) "Cultural items", shall include:

(a) "Associated funerary objects", objects that are reasonablybelieved to have been placed with individual human remains either at thetime of death, or during the death rite or ceremony, or later, and allother items exclusively made for burial purposes including items made tocontain human remains;

(b) "Unassociated funerary objects", objects that are reasonablybelieved to have been placed with individual human remains either at thetime of death or during the death rite or ceremony, or later, which can beidentified by a preponderance of the evidence as related to known humanremains or an unmarked human burial site or can be identified as havingbeen removed from a specific unmarked human burial site;

(3) "General archaeological investigation", refers to:

(a) Excavations performed by professional archaeologists usuallyconsisting of a structured scientific undertaking comprised of threesegments including field investigations, laboratory analysis, andpreparation and submission of a report of investigation; and

(b) Identification of the presence of human remains in excavatedmaterials considered to occur at the completion of the laboratory analysissegment of the studies as above;

(4) "Professional archaeologist", a person who has a graduate degreein archaeology, anthropology, or closely related field, at least one yearof full-time professional experience or equivalent specialized training inarchaeological research, administration of management, or at least fourmonths of supervised field and analytic experience in general NorthAmerican archaeology and demonstrated ability to carry archaeologicalresearch to completion, as evidenced by a master of arts or master ofscience thesis, or report equivalent in scope and quality;

(5) "Second or subsequent violation", any violation, other than thefirst violation, of a criminal law related to the trafficking of humanremains or cultural items located in the state of Missouri, the UnitedStates, or any other state;

(6) "Skeletal analyst", a person possessing a postgraduate degreerepresenting specialized training in skeletal biology, forensic osteology,or other relevant aspects of physical anthropology. The skeletal analystshall have a minimum experience of one year in conducting laboratoryreconstruction and analysis, and shall have demonstrated the ability todesign and execute a skeletal analysis, and to present the written resultsand interpretations of such analysis in a thorough, scientific, and timelymanner;

(7) "Specific scientific investigations", refers to detailed studiesof human remains by professional archaeologists, anthropologists,osteologists, or professionals in related disciplines;

(8) "State historic preservation officer", the director of thedepartment of natural resources;

(9) "Unmarked human burial", any instance where human skeletalremains are discovered or believed to exist, but for which there exists nowritten historical documentation or grave markers.

(L. 1987 S.B. 24 § 1, A.L. 1996 S.B. 834)