Senate Bill S1620

2009-2010 Legislative Session

Enacts the "unmarked burial site protection act", to regulate the discovery of burial grounds, human remains and funerary objects

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Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-S1620 (ACTIVE) - Details

See Assembly Version of this Bill:
A4291
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1503, add §1518, N-PC L; amd §235, Ed L; amd §1409, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2011-2012: S6334, A4477
2013-2014: A5837
2015-2016: A2281
2017-2018: A7256
2019-2020: A5928
2021-2022: A6724
2023-2024: A2029

2009-S1620 (ACTIVE) - Summary

Enacts the "unmarked burial site protection act"; requires the cessation of all ground disturbing activities upon the discovery of a burial ground, human remains or funerary objects, and requires the reporting of such discovery to the local coroner; if such remains are more than 50 years old, the state archaeologist shall be notified; requires state archaeologist to determine whether the remains are of Native American origin

2009-S1620 (ACTIVE) - Sponsor Memo

2009-S1620 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 1620                                                  A. 4291

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 3, 2009
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Corporations,
  Authorities and Commissions

IN  ASSEMBLY  --  Introduced  by  M.  of A. ENGLEBRIGHT -- read once and
  referred to the Committee on Corporations, Authorities and Commissions

AN ACT to amend the not-for-profit corporation  law  and  the  education
  law, in relation to the discovery and disposition of human remains and
  funerary  objects;  and  to  amend  the parks, recreation and historic
  preservation law, in relation to requiring certain notice and  consul-
  tation prior to the undertaking of certain projects

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unmarked burial site protection act".
  S  2.  Legislative findings and declaration. The legislature finds and
declares that the sanctity of human burial sites  is  an  intrinsic  and
paramount  value among all cultural and religious traditions which prac-
tice the custom of burying the dead. The legislature further finds  that
there  are  numerous unmarked burial sites throughout the state, many of
which are of great cultural and historical significance to the people of
the state, particularly to members of the cultural and religious  groups
affiliated  with  them.  Such  sites  are  vulnerable  to  unintentional
disturbance in the course of construction and other activities  as  well
as  deliberate  vandalism  and  looting.  Such disturbance constitutes a
severe offense against the descendants of the dead and the  beliefs  and
traditions of the culturally-affiliated groups.
  The  legislature  finds and declares that existing laws are inadequate
to protect these unmarked burial sites from disturbance,  and  that  New
York  is  one  of  the  very few states which heretofore has provided no
express statutory protection for unmarked burial sites. It is  therefore
declared  to be the purpose of this act to ensure that human remains and
associated funerary artifacts remain undisturbed to the  maximum  extent

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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