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NY S05701
Bill
Status
12/30/2022
Primary Sponsor
Leroy Comrie
Click for details
AI Summary
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Creates the "Unmarked Burial Site Protection Act" requiring immediate cessation of ground-disturbing activities upon discovery of burial sites, human remains, or funerary objects, with mandatory reporting to the county coroner or medical examiner within 96 hours.
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Establishes a Native American Burial Site Review Committee composed of representatives from state Native American tribes, the state archaeologist, forensic anthropologists, and historic preservation experts to identify lineal descendants and culturally-affiliated groups and determine ownership of discovered remains.
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Grants exclusive possession and stewardship rights of Native American human remains and funerary objects to identified lineal descendants or culturally-affiliated groups, with a presumption that remains remain undisturbed unless no practicable alternative exists to modify the activity causing the discovery.
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Imposes criminal penalties including Class B misdemeanor for failing to report discoveries, Class A misdemeanor for intentional removal of remains by unauthorized persons, and Class E felony for defacing sites, possessing remains for sale, or selling remains or funerary objects.
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Requires state agency preservation officers to conduct diligent inquiries before approving or funding projects to determine potential disturbance of known or suspected burial sites, with mandatory consultation with affected Native American tribes and the review committee.
Legislative Description
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; 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.
Last Action
VETOED MEMO.197
12/30/2022