CHAPTER 121 HOUSE BILL No. 2368 An  Act concerning antiquities; amending K.S.A. 74-5403 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 74-5403 is hereby amended to read as follows: 74-
5403. (a) Except as provided by subsection (b), no individual, institution
or corporation shall excavate in, remove material from, vandalize or de-
face any site or area set out described in K.S.A. 74-5401 and amendments
thereto, on lands belonging to or controlled by the state of Kansas or any
agency thereof, or to any county or municipality in the state, or on lands
in which a qualified agency is conducting scientific archeological inves-
tigations, without specific authorization pursuant to a permit granted un-
der K.S.A. 74-5404, and amendments thereto.

      (b) If, in the opinion of the commission or the commission's designee,
any survey, excavation or construction is necessary to prevent the im-
mediate threat to the life or health of persons near a site or area described
in K.S.A. 74-5401, and amendments thereto, the commission or the com-
mission's designee may authorize such survey, excavation or construction
without issuing a permit under K.S.A. 74-5404, and amendments thereto.

 Sec.  2. K.S.A. 74-5403 is hereby repealed.

 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 17, 1999.
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