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DE HB194

Bill

Status

Passed

9/10/2021

Primary Sponsor

Kendra Johnson

Click for details

Origin

House of Representatives

151st General Assembly

AI Summary

HB 194 Summary

  • Expands the Committee responsible for unmarked burials and skeletal remains to include the Lenape Indian Tribe of Delaware alongside the Nanticoke Indian Tribe for determinations of Native American remains.

  • Creates a separate ad hoc committee process for non-Native American remains, including those of enslaved individuals and persons of undetermined cultural affiliation, composed of lineal descendants, archaeologists, historians, and other stakeholders appointed by the Director.

  • Adds new definitions of "lineal descendant" and "proven kinship" to clarify succession rights and replace the undefined term "next of kin" in disposition decisions.

  • Establishes a public notification requirement through newspapers and the Division's website for discoveries of non-Native American remains, with a 30-day period for lineal descendants to claim ancestry before the Committee determines disposition.

  • Makes failure to notify the Medical Examiner or Director of discovered remains a criminal prohibition punishable by a fine of $1,000 to $10,000 or imprisonment up to 2 years.

Legislative Description

An Act To Amend Title 7 Of The Delaware Code Relating To Unmarked Human Burials And Skeletal Remains.

Last Action

Signed by Governor

9/10/2021

Committee Referrals

Environment & Energy6/22/2021
Natural Resources5/18/2021

Full Bill Text

No bill text available