senate Bill S630

2023-2024 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

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2023 referred to corporations, authorities and commissions

Co-Sponsors

S630 (ACTIVE) - Details

See Assembly Version of this Bill:
A2029
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Not-for-Profit Corporation Law
Laws Affected:
Amd §1503, add §1519, 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
2021-2022: S5701, A6724

S630 (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.

S630 (ACTIVE) - Sponsor Memo

S630 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    630
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, KENNEDY -- 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
 
   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".
   § 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
                       [ ] is old law to be omitted.
                                                            LBD02745-01-3
 S. 630                              2

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