reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2705 Certified copy of documents as evidence; fees, approval, disposition.

75-2705.
Certified copy of documents as evidence; fees, approval, disposition.
(a) A copy of any file, document or record in the custody of the society, duly certified by the secretary of the state historical society or the secretary's authorized agent, may be received in evidence with the same effect as the original. To partially reimburse the state for the cost of such copies or services the secretary shall prescribe the fees, if any, to be paid for certified copies in amounts approved by the director of accounts and reports under K.S.A. 45-204, and amendments thereto, and the fees, if any, for search of the files or records when no certified copy is made.
(b) All moneys received under this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state general fund.
History:
L. 1901, ch. 226, § 2; R.S. 1923, 75-2705; L. 1957, ch. 444, § 5; L. 1978, ch. 347, § 19; L. 2001, ch. 5, § 378; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2711 Acceptance and control of Pike's Pawnee Indian village.

75-2711.
Acceptance and control of Pike's Pawnee Indian village.
Laws 1901, chapter 40, included by reference. [Accepted donation from Elizabeth A. and George Johnson, of site of Pike's Pawnee Indian village, in Republic county, provided for the control of the same by Kansas state historical society, and made an appropriation to fence and mark the site.]
History: L. 1901, ch. 40, §§ 1–3; R.S. 1923, 75-2711.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2713 Microfilm division; duties; technician.

75-2713.
Microfilm division; duties; technician.
There is hereby created a microfilm division within the state historical society. It shall be the duty of the division to reproduce on film such archives, newspapers and other records as the secretary of the state historical society may deem advisable. The person in immediate charge of such work shall be known as the microfilm technician, who shall be appointed by said secretary and whose duty shall be to operate and supervise the operation of microfilm equipment within said division.
History: L. 1945, ch. 330, § 1; L. 1957, ch. 444, § 9; April 13.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2714 Preservation of historic character of certain property; state historical society authorized to make agreements; limitation on use of eminent domain; remedies.

75-2714.
Preservation of historic character of certain property; state historical society authorized to make agreements; limitation on use of eminent domain; remedies.
(a) Each agency and political subdivision of this state shall cooperate with the state historical society in its administration of the property under the society's jurisdiction and control in order to preserve the historic character and integrity thereof. The society may enter into agreements with any such agency or subdivision, with any agency of the federal government or with any private individual or entity concerning the construction or proposed construction of any road, street, highway or structure which, due to its proximity to property under the society's jurisdiction and control, would compromise the historic character or integrity of such property.
(b) No agency or political subdivision of the state and no other entity shall exercise the power of eminent domain with respect to any property under the society's jurisdiction and control without the prior written approval of the society. No such agency, subdivision or entity and no other person shall change or alter, or cause to be changed or altered, the physical features or historic character or integrity of such property without the prior written approval of the society. Within 20 days after receipt of notice of the society's refusal to grant such approval, which notice shall be sent by registered or restricted mail, any party aggrieved by the decision of the society may make written application to the secretary of state for a hearing thereon. Such hearing shall be held by the secretary of state within 30 days after receipt of the application therefor and shall be conducted in accordance with the provisions of the Kansas administrative procedure act, with the applicant and the society as parties thereto. Following the hearing, the secretary of state shall enter an order affirming, reversing or modifying the decision of the society. The decision of the secretary of state shall be subject to appeal in accordance with the provisions of the Kansas judicial review act, K.S.A. 77-601 et seq., and amendments thereto.
(c) The attorney general, on relation of the state historical society or the secretary of state, shall file an action in the appropriate district court to enjoin any agency or political subdivision of the state or any other person or entity from doing any act in contravention of an order of the secretary of state or from doing any act contemplated by subsection (b) of this section without the prior written approval of the state historical society, unless authority to do such act has been granted by the secretary of state pursuant to that subsection.
History:
L. 1971, ch. 271, § 2; L. 1972, ch. 332, § 55; L. 1988, ch. 356, § 299; L. 2004, ch. 74, § 3; L. 2010, ch. 17, § 194; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2715 Historic preservation declared policy of state.

75-2715.
Historic preservation declared policy of state.
The legislature hereby finds that the historical, architectural, archeological and cultural heritage of Kansas is an important asset of the state and that its preservation and maintenance should be among the highest priorities of government. It is therefore declared to be the public policy and in the public interest of the state to engage in a comprehensive program of historic preservation and to foster and promote the conservation and use of historic property for the education, inspiration, pleasure and enrichment of the citizens of Kansas taking into consideration land used for agricultural purposes located within the environs of any historic property.
History:
L. 1977, ch. 284, § 1; L. 2004, ch. 74, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2717 Historical society designated as state historic preservation agency; secretary to act as historic preservation officer.

75-2717.
Historical society designated as state historic preservation agency; secretary to act as historic preservation officer.
(a) The state historical society is hereby designated as the state historic preservation agency.
(b) The secretary of the state historical society shall act as state historic preservation officer for the conduct of relations with representatives of the federal government and other states with respect to matters of historic preservation.
History:
L. 1977, ch. 284, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2718 Appointment by secretary of necessary staff.

75-2718.
Appointment by secretary of necessary staff.
The secretary of the state historical society is authorized to appoint such professional and other staff members as may be necessary to carry out the duties assigned to the state historic preservation agency by law and such other duties as may be necessary to meet the requirements for participation in the federal historic preservation program.
History:
L. 1977, ch. 284, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2720 State historic sites board of review; powers and duties.

75-2720. State historic sites board of review; powers and duties.
(a) The state historic sites board of review shall have the power and duty to:
(1) Subject to the provisions of subsection (b), approve nominations to the state and national registers of historic places.
(2) Review the state survey of historic properties undertaken in accordance with the provisions of this act.
(3) Review the content of the state preservation plan developed in accordance with the provisions of this act.
(4) Approve the removal of properties from the state register of historic places.
(5) Recommend the removal of properties from the national register of historic places.
(6) Otherwise act in an advisory capacity to the state historic preservation agency.
(7) Upon request, to advise the legislature concerning matters relating to historic properties and historic preservation.
(8) Elect a chairman and vice-chairman and establish such rules of procedure as it deems necessary.
(b) The state historic sites board of review shall not consider or approve any nomination of historic property located in an unincorporated area of any county to either the state register of historic places or the national register of historic places unless owners of land located within 500 feet of the boundaries of a proposed historic property have been notified of the time and place of the board meeting at which such nomination is to be considered or approved. Notification shall be by mail or publication notice. Publication notice shall be published at least once each week for two consecutive weeks in a newspaper of general circulation in each county in which all, or any part, of the proposed historic property is located. The last publication shall be at least 30 days, but not more than 50 days, prior to the date of such board meeting. Whenever the state historic sites board of review submits a notice to a newspaper for publication under this subsection, such board shall, at the same time, also submit a copy of such notice to the secretary of wildlife and parks.
History:
L. 1977, ch. 284, § 6; L. 2004, ch. 74, § 6; L. 2012, ch. 47, § 114; L. 2023, ch. 7, § 128; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2722 Same; authority to enter into certain contracts; federal assistance; local governments, private parties.

75-2722.
Same; authority to enter into certain contracts; federal assistance; local governments, private parties.
The state historical society may enter into and carry out contracts with the federal government or any agency thereof under which said government or agency grants financial or other assistance to the historical society to further the purposes of this act. The historical society may agree to and comply with any reasonable conditions not inconsistent with state law which are imposed on such grants. Such grant funds or other assistance may be accepted from the federal government or an agency thereof and expended whether or not pursuant to a contract. The historical society may further enter into and carry out contracts with local governments or their agencies and with any private party to further the purposes of this act.
History:
L. 1977, ch. 284, § 8; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2723 Same; official state agency to administer federal assistance under federal act; powers as administrative agency; availability of funds for state's share required.

75-2723.
Same; official state agency to administer federal assistance under federal act; powers as administrative agency; availability of funds for state's share required.
(a) The state historical society is hereby designated as the official state agency to administer federal assistance under provisions of the national historic preservation act of 1966 and to accept and disburse funds apportioned to the state under the provisions of said act.
(b) The state historical society, as the administrative agency for the state for such federal assistance and benefits as may be available under the national historic preservation act of 1966, shall have the right and is authorized and empowered to: (1) Apply for such assistance and benefits as may be available to the state under said act, and the state treasurer is hereby authorized to receive and disburse such moneys upon the proper voucher by the agency.
(2) Disburse federal and state funds to eligible local governments and private agencies and individuals as directed by the historic sites board of review according to the priorities established in the Kansas preservation plan.
(3) Enter into contracts and agreements with individuals, organizations, municipalities, governmental agencies and with the United States or any appropriate agency thereof.
(4) Keep financial and other records thereto and to furnish appropriate officials and agencies of the state and of the United States such reports and information as may be reasonably necessary to enable such officials and agencies to perform their duties under said program.
(5) Perform such other acts as may be necessary to comply with federal requirements in securing for the state the benefits provided by the national historic preservation act of 1966.
(c) The state historical society shall make no commitment or enter into any agreement pursuant to the exercise of authority under this act until it has determined that sufficient funds are available to meet the state's share, if any, of the project cost.
History:
L. 1977, ch. 284, § 9; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2725 Action to enforce act or protect historic property.

75-2725.
Action to enforce act or protect historic property.
The state of Kansas or any county, municipality or other political subdivision having capacity to sue and be sued, the Kansas state historical society and any city or county historical society which, for more than two (2) years prior to filing such action, has been organized, has elected officers and has received compensation, funds or reimbursements from a city or county pursuant to K.S.A. 12-1660 or 19-2649, and amendments thereto, may maintain an action in the district court having jurisdiction where an alleged violation occurred or is threatened for such equitable and declaratory relief as may be necessary to enforce the provisions of this act and to protect historic property from unauthorized or improper demolition, alteration or transfer.
History: L. 1977, ch. 284, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2725a Historic property designation; effect on agricultural land.

75-2725a.
Historic property designation; effect on agricultural land.
(a) No provision of this act, or any rule and regulation promulgated thereunder, shall prohibit, hinder or otherwise restrict the agricultural use of any land used for agricultural purposes when such land is located within the environs of a historic property, whether proposed or established.
(b) No provision of this act shall prohibit, hinder or otherwise restrict an owner of any land used for agricultural purposes from constructing, erecting, remodeling or maintaining any agriculturally related building or structure located on such land.
(c) No provision of this act shall require an owner of any land used for agricultural purposes, or the owner's authorized agent, to change or modify the agricultural use of such land.
History:
L. 2004, ch. 74, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2725b Citation of act.

75-2725b.
Citation of act.
K.S.A. 75-2715 through 75-2725, and amendments thereto, and K.S.A. 75-2725a and this section, and amendments thereto, shall be known and may be cited as the historic preservation act.
History:
L. 2004, ch. 74, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2727 Conveyance of land to Riley county for museum purposes.

75-2727.
Conveyance of land to Riley county for museum purposes.
The secretary of the state historical society is hereby authorized to convey to the county of Riley the following described tract of land:
Part of Section 12, Township 10 South, Range 7 East of the Sixth P.M. in the City of Manhattan, in Riley County, Kansas, more particularly described as follows: Beginning at the iron pin marking the Northeast corner of Lot 4 in Julia A. Bailey Addition to the City of Manhattan, thence East along the South line of Claflin Road 155.4 feet, more or less, to the West line of Goodnow Avenue, thence South along the West line of said Goodnow Avenue 80 feet, thence West 157.82 feet, more or less, to the East line of said Lot 4 in Julia A. Bailey Addition to a point 80 feet South of the point of beginning, thence North along the East line of said Lot 4 in Julia A. Bailey Addition to the point of beginning.
The conveyance of the tract of land shall provide for the reversion of title to the state of Kansas in the event such tract ceases to be used, operated and maintained by Riley county for museum purposes. No conveyance of such tract shall be made until the deed has been approved by the attorney general.
History:
L. 1982, ch. 331, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2728 Insurance for loss or damage to historical collections or personal property; receipts credited to insurance collection replacement/reimbursement fund.

75-2728.
Insurance for loss or damage to historical collections or personal property; receipts credited to insurance collection replacement/reimbursement fund.
(a) As approved by the committee on surety bonds and insurance, the state historical society is hereby authorized to purchase insurance against loss or damage to collections or other personal property from any casualty whether owned by or in the care, custody or control of the state historical society.
(b) The society shall remit all moneys received by the society under the provisions of subsection (a) to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the insurance collection replacement/reimbursement fund which is hereby created. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of the state historical society or a person designated by the secretary.
History:
L. 1983, ch. 293, § 2; L. 1984, ch. 314, § 2; L. 2001, ch. 5, § 379; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2730 World War II veterans' experience history project grants; award, criteria.

75-2730.
World War II veterans' experience history project grants; award, criteria.
(a) Subject to the provisions of appropriation acts and in accordance with the provisions of this act, the executive director of the Kansas state historical society may provide administrative and Kansas veterans' experience history project grants to: (1) Not-for-profit organizations which have tax exempt status under section 501(c) of the federal internal revenue code of 1986; or (2) a state educational institution as defined by K.S.A. 74-3201b, and amendments thereto; or (3) a degree or certificate granting private college located in the state; or (4) other local, municipal or state historical agency for development and implementation of a program to record experiences of veterans of World War II residing in Kansas.
(b) Such grants shall be awarded for the fiscal years ending June 30, 2006, and June 30, 2007, on a competitive basis in accordance with guidelines and criteria prescribed by rules and regulations adopted by the executive director of the Kansas state historical society based on the following criteria:
(1) Methods employed to reach out to veterans of World War II and convince such veterans to record their experiences; and
(2) methods employed to copy and archive photographs, maps and other media possessed by such veterans which is of historical value; and
(3) the availability of matching funds from other sources which the organization can make available to leverage state funds; and
(4) methods proposed to network and gain the help of community organizations to contact Kansas veterans of World War II and gain such veterans' participation.
(c) More than one applicant may be awarded a grant to perform different tasks to achieve the purposes prescribed in this section if deemed appropriate by the executive director of the state historical society.
History:
L. 2005, ch. 184, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2731 Conveyance of property located in Wabaunsee county to Audubon of Kansas.

75-2731.
Conveyance of property located in Wabaunsee county to Audubon of Kansas.
(a) Subject to the provisions of this section, the state historical society is hereby authorized to convey, without consideration, to Audubon of Kansas all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Wabaunsee county, Kansas: Approximately 30 acres of real estate starting at a point on the South section boundary line and running East 120 rods to the East boundary line, then North 80 rods along East boundary line, then West 40 rods, then West by Southwest in a straight line to point of beginning, in Section 28. Township 10 South, Range 10 East of the 6th Principal Meridian.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the historical society by the executive director of the historical society. The deed for such conveyance shall be by quitclaim deed.
(c) No exchange and conveyance of real estate and improvements thereon as authorized by this section shall be made by the executive director of the historical society until the deeds and conveyances have been reviewed and approved by the attorney general. The deed for the conveyance shall provide that on July 1, 2026, in the event that any portion of the above-described real estate is not being used for public recreation purposes, by Audubon of Kansas or if Audubon of Kansas ceases to exist, then all rights, title and interest in such portion of such real estate shall revert to the state historical society. The transfer of all rights, title and interest in the real estate conveyed by this section to Audubon of Kansas shall not include any right for Audubon of Kansas to convey any portion of the above described real estate.
(d) All costs related to the conveyance shall be paid by the Audubon of Kansas. The conveyance shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto.
History:
L. 2006, ch. 150, § 1; April 27.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2741 Title of act.

75-2741.
Title of act.
K.S.A. 75-2741 through 75-2754 of this act shall be known and may be cited as the Kansas unmarked burial sites preservation act.
History:
L. 1989, ch. 234, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2742 Legislative findings; purpose of act.

75-2742.
Legislative findings; purpose of act.
(a) The legislature finds that:
(1) Existing state laws do not provide adequate protection for unmarked burial sites and human skeletal remains; and
(2) there is no procedure regarding the treatment and disposition of human skeletal remains from unmarked burial sites necessary to protect the interests of descendants or other interested persons.
(b) The purposes of this act are to:
(1) Provide adequate protection for unmarked burial sites and human skeletal remains located on all lands within the state of Kansas;
(2) prohibit unauthorized disturbance of any unmarked burial sites; and
(3) provide procedures for the proper care and protection of unmarked burial sites and human skeletal remains found in the state of Kansas.
History:
L. 1989, ch. 234, § 2; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2743 Definitions.

75-2743.
Definitions.
As used in this act:
(a) "Board" means the unmarked burial sites preservation board.
(b) "Evaluation" means assessment by the state historical society of the nature of human skeletal remains and goods interred with such remains and the situation in which they are located to make recommendations for action and disposition of the remains or goods under this act.
(c) "Human skeletal remains" means any part of the body of a deceased human being, in any stage of decomposition.
(d) "Person" means an individual, unincorporated association, partnership, limited partnership, corporation or governmental entity.
(e) "Society action" means any evaluation, investigation, disinterment, study, reinterment or other disposition carried out by the state historical society, with board approval, using moneys appropriated to the state historical society.
(f) "Unmarked burial site" means any interment by whatever means of human skeletal remains, other than a burial site in a cemetery otherwise protected by Kansas statute.
History:
L. 1989, ch. 234, § 3; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2744 Board; administration, composition, terms, compensation, expenses, offices.

75-2744.
Board; administration, composition, terms, compensation, expenses, offices.
(a) There is hereby created the unmarked burial sites preservation board. The board shall be attached to the state historical society. All budgeting, purchasing and related management functions shall be administered under the direction of the secretary of the state historical society. All vouchers for expenditures of the board shall be approved by the secretary of the state historical society.
(b) The board shall consist of:
(1) The state archeologist;
(2) a physical anthropologist, appointed by the governor, who is employed by an institution of higher education located in this state, holds a doctorate degree representing specialized training in skeletal biology or forensic osteology and has demonstrated ability to design and execute a human skeletal analysis and to present the written results and interpretations of the analysis in a thorough, scientific and timely manner;
(3) a historian, appointed by the governor, who is employed by the state historical society or an institution of higher education located in this state, holds an advanced degree in American history and has specialized in Kansas history;
(4) four tribal representatives, one from each of the four resident Kansas Indian tribes (Pottawatomie, Kickapoo, Iowa and Sac and Fox), to be selected by the governing body of the respective tribe; and
(5) two members, appointed by the governor, who represent the general public but are not members of the interest groups represented by the members enumerated in subsections (a)(2) through (4).
(c) Of the appointive members first appointed to the board: The member who is a physical anthropologist and the member who represents the Pottawatomie tribe shall serve for terms of one year; the member who is a historian, the member representing the Kickapoo tribe and one member of the general public, as designated by the governor, shall serve for terms of two years; and the member who represents the Iowa tribe, the member who represents the Sac and Fox tribe and one member of the general public, as designated by the governor, shall serve for terms of three years. Upon expiration of such terms, all members shall serve for terms of three years.
(d) Appointive members of the board attending meetings of the board or a subcommittee meeting authorized by the board shall be paid compensation and subsistence allowances, mileage and other expenses as provided by K.S.A. 75-3223 and amendments thereto.
(e) The state archeologist shall serve as chairperson of the board.
(f) The secretary of the state historical society shall serve as secretary of the board and shall provide such office space and such staff as necessary for the performance of the duties prescribed by this act.
History:
L. 1989, ch. 234, § 4; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2745 Same; powers and duties.

75-2745.
Same; powers and duties.
The board shall have the power and duty to:
(a) Provide for the establishment and maintenance of a registry of unmarked burial sites located in this state;
(b) consult with all interested parties on occasions of disturbance, or threatened or potential disturbance, of unmarked burial sites to determine a proper course of action;
(c) initiate necessary action by the attorney general for the enforcement of this act;
(d) issue permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and goods interred with such remains, as provided in this act; and
(e) adopt such rules and regulations as necessary to administer and enforce the provisions of this act.
History:
L. 1989, ch. 234, § 5; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2746 Registry.

75-2746.
Registry.
(a) Each unmarked burial site located in this state which becomes known to the board shall be entered on the registry established under K.S.A. 75-2745. The board shall identify, to the extent possible, the cultural or personal identity of the deceased person or persons interred at the site and shall notify each landowner on whose property a registered unmarked burial site is located.
(b) The registry of unmarked burial sites shall be confidential and shall not be open to inspection except as provided by rules and regulations of the board consistent with the purposes of this act.
History:
L. 1989, ch. 234, § 6; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2747 Permits.

75-2747.
Permits.
(a) The board shall establish by rules and regulations a system of permits for the excavation, study, display and reinterment or disposition of human skeletal remains from unmarked burial sites and any goods interred with such remains.
(b) A permit to excavate human remains from an unmarked burial site and goods interred with such remains shall be issued only for scientific or educational purposes or for such other purposes, authorized by rules and regulations of the board, which the board determines are consistent with the purposes of this act. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(c) A permit to study human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for study by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board. The permit shall be valid for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. The permit shall provide for reinterment or disposition of the disinterred remains or goods by a specific date.
(d) A permit to display human skeletal remains from an unmarked burial site and goods interred with such remains shall be issued only for display by a bona fide research, medical or educational institution for research, medical or educational purposes, as determined in accordance with rules and regulations of the board.
(e) Permits issued by the board shall be subject to such terms, conditions and procedures as prescribed by the board. Such conditions shall include a condition that permittees pay all costs incurred, including costs of excavation, study and disposition. If human skeletal remains are reasonably identified with direct kin or descent groups such as native American Indian tribes, the board shall consult with such groups prior to issuing a permit for the excavation, study, display or reinterment or disposition of such remains or goods interred with such remains.
(f) The board may deny, suspend or revoke any permit, in accordance with the Kansas administrative procedure act, upon a finding that the applicant or permittee has violated any provision of this act or any term, condition or procedure of a permit issued by the board.
(g) The board shall fix by rules and regulations an application fee which shall accompany each application for a permit provided for by this section. For that purpose, the board may establish classes of permits and fix a different application fee for each class. No such application fee shall exceed $50.
History:
L. 1989, ch. 234, § 7; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2748 Prohibited acts; criminal and civil penalties.

75-2748.
Prohibited acts; criminal and civil penalties.
(a) On and after January 1, 1990, no person shall, unless such person holds a permit issued by the board to do so or is exempt pursuant to subsection (b):
(1) Willfully disturb an unmarked burial site;
(2) knowingly possess human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(3) display human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains;
(4) sell, trade or give away human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains; or
(5) throw away or discard human skeletal remains known to have been from an unmarked burial site, or goods interred with such remains.
(b) Subsection (a)(2) shall not apply to possession of human skeletal remains or burial goods by the state historical society or institutions of higher education represented on the Kansas antiquities commission pursuant to K.S.A. 74-5402, and amendments thereto, but the board, in consultation with interested parties, shall review the collections of such society and institutions and report to the legislature on or before January 13, 1992, any recommendations it has concerning human skeletal remains and burial goods which are part of such collections and are from unmarked burial sites. Subsections (a)(1) through (5) shall not apply to:
(1) Disinterment, possession, display, transfer, reinterment or disposition of human skeletal remains, or goods interred with such remains, which are determined by a coroner to be remains described by K.S.A. 22a-231, and amendments thereto; and
(2) private collections of burial goods acquired prior to January 1, 1990.
(c) Violation of this section is a crime punishable:
(1) Upon conviction of a first offense, by a fine of not more than $10,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is $5,000 or less;
(2) upon conviction of a first offense, by a fine of not more than $20,000, if the commercial and archeological value of the remains and goods involved and all costs related to their restoration and repair is more than $5,000; and
(3) upon conviction of the second or a subsequent offense, by a fine of not more than $100,000.
(d) In addition to or in lieu of any penalty imposed pursuant to subsection (c), the board, upon a finding that a person has violated any provision of this section or any term of a permit issued under this act, may impose on such person a civil fine of not more than $2,000 for each violation. Imposition of any such fine shall be only upon notice and a hearing conducted in accordance with the Kansas administrative procedure act and shall be subject to review in accordance with the Kansas judicial review act.
History:
L. 1989, ch. 234, § 8; L. 2010, ch. 17, § 196; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2749 Notice of violations or discovery of remains; penalties.

75-2749.
Notice of violations or discovery of remains; penalties.
(a) Any person who knows or has reason to know that a violation of K.S.A. 75-2748, and amendments thereto, is being or has been committed must immediately notify the law enforcement agency of the jurisdiction where the violation occurred. A law enforcement agency shall notify the state historical society of any violation of K.S.A. 75-2748, and amendments thereto, which becomes known to the law enforcement agency.
(b) Any person who discovers human skeletal remains immediately shall notify the law enforcement agency of the jurisdiction where the remains were found. Upon receipt of such notice, the law enforcement agency immediately shall notify the district coroner or deputy district coroner. If the coroner determines that the human skeletal remains are not of evidentiary or forensic interest then the coroner shall notify the state historical society.
(c) Failure to give notice as required by subsection (a) or (b) is a misdemeanor punishable by a fine of not less than $100 nor more than $500.
(d) Upon notification pursuant to this section or K.S.A. 22a-232, and amendments thereto, the state historical society shall assume jurisdiction over the human skeletal remains, and any goods interred with such remains. The state historical society shall carry out society actions in as expeditious a manner as possible, with particular consideration given to circumstances such as construction sites, agricultural interests and kin or descent groups. After disinterment, the remains and goods may be under the control of the state historical society for purposes of study for a period of one year. On a showing of need, the board may extend such period for additional periods of six months. After any period of study authorized by this subsection, disposition or reinterment of the remains and goods shall be under the direction of the board.
History:
L. 1989, ch. 234, § 9; L. 1993, ch. 214, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2750 Inspection warrant.

75-2750.
Inspection warrant.
The chairperson of the board, or a person designated by the chairperson, may apply to a judge of the district court of a county for an inspection warrant to inspect premises located in such county for the purpose of determining compliance with this act or with the terms of a permit issued under this act. The application shall be a sworn written statement, signed by the applicant, and shall include a description of the premises to be inspected, the reasons for the inspection and a statement that entry for the purpose of such inspection has been refused. The judge shall issue the warrant only if the judge determines from the application that there is probable cause to believe that the inspection is required to enforce the provisions of this act, that the inspection is within the lawful limits of the applicant's power to inspect and that the applicant is authorized to conduct the inspection. The warrant shall direct the applicant to inspect the premises described in the application and, if requested by the applicant, shall direct a law enforcement officer of the jurisdiction to accompany the applicant during the inspection.
History:
L. 1989, ch. 234, § 10; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2751 Duties of attorney general.

75-2751.
Duties of attorney general.
Upon request of the board, the attorney general shall aid in any investigation, inspection, hearing or trial pursuant to the provisions of this act and shall institute and prosecute all necessary actions or proceedings for the enforcement of this act. The attorney general shall report to or confer with the board regarding any such request within 30 days after receipt of the request.
History:
L. 1989, ch. 234, § 11; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2752 Civil enforcement of act.

75-2752.
Civil enforcement of act.
In addition to or in lieu of any penalty imposed pursuant to K.S.A. 75-2748 or 75-2749, any person who violates any provision of K.S.A. 75-2748 or 75-2749 may be liable for injunctive relief, damages and attorney fees or other appropriate relief to any person with a kinship, cultural, tribal, research, scientific or educational interest in preserving the affected burial site, skeletal remains or burial goods.
History:
L. 1989, ch. 234, § 12; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2753 Cemetery for reburial of remains.

75-2753.
Cemetery for reburial of remains.
The secretary of the state historical society shall establish, with the approval of the board, a cemetery on existing state lands for the reinterment of human skeletal remains from unmarked burial sites in this state, and goods interred with such remains. Such cemetery shall not be open to the public.
History:
L. 1989, ch. 234, § 13; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2754 Severability.

75-2754.
Severability.
If any provisions of this act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 1989, ch. 234, § 14; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2755 Conveyance of property located in Doniphan county to the Iowa Tribe of Kansas and Nebraska.

75-2755. Conveyance of property located in Doniphan county to the Iowa Tribe of Kansas and Nebraska.
(a) Subject to the provisions of this section, the state historical society, for and on behalf of the state of Kansas, is hereby authorized to convey to the Iowa Tribe of Kansas and Nebraska all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Doniphan county, Kansas, containing 9.86 acres more or less:
A tract of land beginning at a point on the east line of section 24, Township 2 south, Range 19 east of the 6th Principal Meridian 570 feet north of the center of the slab on U.S. highway No. 36, thence north on the section line 848.5 feet; thence west 334 feet; thence north 45 degrees and 25 minutes west 233 feet; thence north 87 degrees and 19 minutes west 145.5 feet; thence south 26 degrees and 10 minutes west 377.5 feet; thence south 52 degrees and 41 minutes east 242 feet; thence south 48 degrees and 10 minutes east 818 feet to point of beginning; all in the East half of the East half of said Section 24.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the state historical society by the executive director of the state historical society by quitclaim deed without the necessity of appraisal, bid or publication and shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto. No exchange and conveyance of real estate, and any improvements thereon, as authorized by this section shall be made by the executive director until the deeds and conveyances have been reviewed and approved by the attorney general.
(c) The property to be conveyed is listed in the national register of historic places as "Iowa, Sac and Fox Presbyterian Mission." The Iowa Tribe of Kansas and Nebraska agrees to pay all costs related to the conveyance and shall grant the state a historic preservation easement that will reflect current federal preservation laws regarding properties listed in the national register of historic places.
History:
L. 2021, ch. 67, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 27 - State Historical Society › 75-2756 Conveyance of property located in Johnson county to the Shawnee Tribe.

75-2756. Conveyance of property located in Johnson county to the Shawnee Tribe.
(a) Subject to the provisions of this section, the state historical society, for and on behalf of the state of Kansas, is hereby authorized to convey to the Shawnee Tribe all of the rights, title and interest in the following described real estate, and any improvements thereon, located in Johnson county, Kansas, containing 0.52 acres more or less:
Beginning at point 754.2 feet east and 336 feet south of the center of section 11, township 12, range 24, thence west 150 feet, thence south 140 feet, thence east 150 feet, thence north 140 feet to point of beginning. The same being the burial ground in S.E. Corner of the Methodist Church reserve as recorded on page 140 Book 94 of Deeds.
(b) Conveyance of such rights, title and interest in such real estate, and any improvements thereon, shall be executed in the name of the state historical society by the executive director of the state historical society by quitclaim deed without the necessity of appraisal, bid or publication and shall not be subject to the provisions of K.S.A. 75-3043a, and amendments thereto. No exchange and conveyance of real estate, and any improvements thereon, as authorized by this section shall be made by the executive director until the deeds and conveyances have been reviewed and approved by the attorney general.
(c) The Shawnee Tribe agrees to pay all costs related to the conveyance and shall grant the state a historic preservation easement that will reflect current federal preservation laws regarding properties listed in the national register of historic places. The Shawnee Tribe further agrees that such land described in subsection (a) and any land adjacent to or near the cemetery shall not be used as a casino or other gaming facility.
History:
L. 2022, ch. 53, § 1; July 1.
2023 Kansas Statutes › Chapter 75 - State Departments; Public Officers And Employees › Article 28 - State Land Office And Register › 75-2801 Secretary of state ex officio register; books and records; correspondence.

75-2801.
Secretary of state ex officio register; books and records; correspondence.
The secretary of state shall be ex officio register of the state land office. The books and records of such office shall be so kept as to show and preserve an accurate chain of title from the general government to the purchaser of each smallest subdivision of land; to preserve a permanent record, in books suitably indexed, of all correspondence with any of the departments of the general government in relation to state lands; to preserve, by proper records, copies of the original lists furnished by the selecting agents of the state, and of all other papers in relation to such lands which are of permanent interest.
History:
L. 1876, ch. 131, § 1; R.S. 1923, 75-2801; L. 1974, ch. 364, § 21; January 13, 1975.