senate Bill S5701

Vetoed By Governor
2021-2022 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 - Vetoed by Governor

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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view actions (18)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 30, 2022 vetoed memo.197
Dec 19, 2022 delivered to governor
Jun 01, 2022 returned to senate
passed assembly
ordered to third reading rules cal.532
substituted for a6724
May 24, 2022 referred to corporations, authorities and commissions
returned to assembly
passed senate
May 02, 2022 advanced to third reading
Apr 27, 2022 2nd report cal.
Apr 26, 2022 1st report cal.842
Jan 05, 2022 referred to corporations, authorities and commissions
Jun 10, 2021 committed to rules
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1073
Mar 16, 2021 referred to corporations, authorities and commissions


view votes

Apr 26, 2022 - Corporations, Authorities and Commissions committee Vote

Aye with Reservations
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: Apr 26, 2022

May 18, 2021 - Corporations, Authorities and Commissions committee Vote

Aye with Reservations
show Corporations, Authorities and Commissions committee vote details

Corporations, Authorities and Commissions Committee Vote: May 18, 2021

aye wr (1)


S5701 (ACTIVE) - Details

See Assembly 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: S4422, A5928
2023-2024: S630, A2029

S5701 (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; 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 (view more) requires state archaeologist to determine whether the remains are of Native American origin; provides that the lineal descendants or culturally affiliated group of such remains shall be notified and be given possession thereof; establishes the Native American burial site review committee to provide for notice and disposition of Native American remains; establishes criminal penalties for the violation of such provisions relating to the disturbance or failure to report the discovery of any such site, remains or objects; grants the attorney general and aggrieved parties a civil right of action for the violations of such provisions; requires inquiry by state agency preservation officers to determine whether any proposed project undertaken, funded or approved by a state agency will disturb burial grounds.

S5701 (ACTIVE) - Sponsor Memo

S5701 (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  S E N A T E
                              March 16, 2021
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed 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.
   § 3. Section 1503 of the not-for-profit corporation law is amended  by
 adding a new paragraph (c) to read as follows:


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