Assembly Bill A6724

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S5701 - Passed Assembly

  • 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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2021-A6724 (ACTIVE) - Details

See Senate Version of this Bill:
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1503, add §1518, N-PC L; amd §235, Ed L; amd §14.09, Pks & Rec L
Versions Introduced in Other Legislative Sessions:
2009-2010: A4291
2011-2012: A4477
2013-2014: A5837
2015-2016: A2281
2017-2018: A7256
2019-2020: A5928, S4422
2023-2024: A2029, S630

2021-A6724 (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; provides that 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

2021-A6724 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                        2021-2022 Regular Sessions
                           I N  A S S E M B L Y
                              March 29, 2021
   COOK, MONTESANO, DeSTEFANO -- Multi-Sponsored by -- M.  of  A.  BRAUN-
   STEIN,  GOTTFRIED, LUPARDO, McDONOUGH, ROZIC -- 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
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "unmarked burial site protection act".
   §  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
 practicable, and are treated with the utmost respect consistent with the
 wishes of lineal descendants and culturally-affiliated groups.


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