Bill Text: NH SB11 | 2023 | Regular Session | Amended
Bill Title: Relative to African American burial grounds.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2023-08-09 - Signed by the Governor on 08/04/2023; Chapter 0200; Effective 10/03/2023 [SB11 Detail]
Download: New_Hampshire-2023-SB11-Amended.html
SB 11 - AS AMENDED BY THE SENATE
01/19/2023 0014s
2023 SESSION
23-0564
08/04
SENATE BILL 11
AN ACT relative to African American burial grounds.
SPONSORS: Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. Rosenwald, Dist 13; Sen. Altschiller, Dist 24; Sen. Fenton, Dist 10; Sen. Whitley, Dist 15; Sen. Avard, Dist 12; Sen. D'Allesandro, Dist 20; Sen. Prentiss, Dist 5; Sen. Gannon, Dist 23; Sen. Chandley, Dist 11; Sen. Carson, Dist 14; Rep. DiLorenzo, Rock. 10
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill requires the consultation with the descendants or descendant community prior to excavation or exploration of African American burial grounds.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/19/2023 0014s 23-0564
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to African American burial grounds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Declaration of Purpose. New Hampshire recognizes the importance of preserving African American grave sites, markers, and associated archaeological materials, fencing, gates, faunal materials, grave offerings and decorations, and other materials. Whenever such sites are located, the state supports efforts to document and preserve them and to support efforts to identify descendants and descendant communities.
2 New Paragraphs; Cemeteries; Definitions. Amend RSA 289:1 by inserting after paragraph VIII the following new paragraphs:
IX. "African American descendant community" means persons of African descent residing in the municipality, or their designated representative, as selected by the New Hampshire division of historical resources.
X. "African American grave" means the grave of an individual of African descent who was or was likely to have been alive during the period of American enslavement.
XI. "Descendant" means a person genealogically related to the deceased.
3 New Paragraph; Cemeteries; Location; Establishing Protection of African American Grave Sites. Amend RSA 289:3 by inserting after paragraph IV the following new paragraph:
V.(a) No African American grave site shall be disturbed or removed without consultation with the descendants or descendant community, and if disturbance or removal is allowed, it shall be conducted in accordance with a memorandum of understanding with the descendant or descendant community, which shall also include a plan for appropriate historical documentation, signage, and mitigation.
(b) In the event of disturbance or removal, African American remains may be examined in a respectful manner, as determined by the descendant community, to determine African descent and to aid in the location of descendants. If there is evidence that the individual may be of mixed African American and Native American descent, the provisions of the Native American Graves Protection and Repatriation Act shall be followed.
(c) The discovery, disposition, and identification of African American remains shall be completed in accordance with RSA 289:24 and, for instances not covered in this chapter, in a similar fashion to the processes for Native American remains in RSA 227-C:8-a through RSA 227-C:8-j.
4 New Paragraphs; Cemetery Trustees; Maintenance, Repair, and Preservation of Burial Grounds; Addition of African American Graves. Amend RSA 289:14-a by inserting after paragraph V the following new paragraphs:
VI. Any activities undertaken under this section involving an African American grave shall be conducted in consultation with the descendant community.
VII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a site shall be returned for reburial or placement at the grave site, or if removed under the provisions of paragraph V, in consultation with the descendant community.
VIII. Any African American remains, marker, gate, or associated mortuary or archaeological materials that have been removed from a cemetery or burial ground shall be returned for reburial or placement at the grave site, in consultation with the descendants or descendant community. If such return is deemed to be not feasible or appropriate by the descendants or descendant community, they shall be deposited in another suitable location, under paragraph V, in consultation with the
descendants or descendant community, by June 30, 2028.
IX. The New Hampshire division of historical resources, department of natural and cultural resources, shall serve in an advisory capacity to municipalities and the descendants and descendant community in complying with paragraphs VI-VIII of this section, RSA 289:3, V, and RSA 289:24.
5 New Subdivision; African American Graves. Amend RSA 289 by inserting after section 23 the following new subdivision:
African American Graves
289:24 African American Graves; Duties and Procedures.
I. It is the policy of the state of New Hampshire that African American graves are sites of conscience with historical importance that should be identified, protected, and restored, whether in cemeteries or burial grounds, including state, county, and municipal pauper burial grounds.
II. In the case of identified African American graves, or sites deemed likely to contain African American graves, the provisions of RSA 289:4 and RSA 289:19-21, shall be conducted in consultation with descendants or the descendant community.
III. Authorities overseeing state, county, and municipal pauper burying grounds shall provide descendants and the descendant community with reasonable access to records and sites to identify and examine African American graves. Such authorities shall cooperate with efforts by descendants and the descendant community to create appropriate historical signage or other markers for African American graves.
IV. Notwithstanding RSA 289:14-a, VII and VIII, all New Hampshire educational or research institutions, museums, historical societies, and other collections shall make reasonable efforts to inventory any remains or other materials from African American graves by June 30, 2028. The holders of these African American grave remains and materials, and other remains of people of African descent born after the period of American slavery shall consult descendants and the descendant community for their suitable disposition and complete such disposition by June 30, 2028.
6 Effective Date. This act shall take effect 60 days after its passage.
