Bill Text: NH SB258 | 2022 | Regular Session | Introduced
Bill Title: Relative to the graves of African Americans alive during the period of American enslavement.
Spectrum: Slight Partisan Bill (Democrat 11-4)
Status: (Engrossed - Dead) 2022-06-06 - Interim Study Full Committee Work Session: 06/22/2022 10:00 am Legislative Office Building 305-307 [SB258 Detail]
Download: New_Hampshire-2022-SB258-Introduced.html
SB 258-FN-LOCAL - AS INTRODUCED
2022 SESSION
22-2898
07/10
SENATE BILL 258-FN-LOCAL
AN ACT relative to the graves of African Americans alive during the period of American enslavement.
SPONSORS: Sen. Watters, Dist 4; Sen. D'Allesandro, Dist 20; Sen. Gannon, Dist 23; Sen. Sherman, Dist 24; Sen. Cavanaugh, Dist 16; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Rosenwald, Dist 13; Sen. Whitley, Dist 15; Sen. Prentiss, Dist 5; Sen. Hennessey, Dist 1; Sen. Perkins Kwoka, Dist 21; Sen. Kahn, Dist 10; Rep. DiLorenzo, Rock. 17; Rep. Harriott-Gathright, Hills. 36
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill establishes protections and procedures for handling African American graves from the time period of American enslavement, as well as working with the relevant descendants and descendant communities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2898
07/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the graves of African Americans alive during the period of American enslavement.
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, and the black heritage trail of New Hampshire.
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 may 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 RSA 289, 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 during work conducted after 2012 must 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 prior to 2012 must 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, 2026.
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 the provisions of paragraphs VI-VIII, 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. All New Hampshire educational or research institutions, museums, historical societies, and other collections shall inventory any remains or other materials from African American graves, and any other remains of people of African descent born after the period of American slavery by June 30, 2026. 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, 2026.
6 Effective Date. This act shall take effect 60 days after its passage.
22-2898
11/19/21
SB 258-FN-LOCAL- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the graves of African Americans alive during the period of American enslavement.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill contains a violation penalty that will have an indeterminable impact on the Judicial Branch system. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. In the past the Judicial Branch has used averaged caseload data based on time studies to estimate the fiscal impact of proposed legislation. The per case data on costs for routine criminal cases currently available to the Judicial Branch are based on studies of judicial and clerical weighted caseload times for processing average routine criminal cases that are more than fifteen years old so the data does not have current validity. A new case study is being conducted and updated estimates will be available in the future.
AGENCIES CONTACTED:
Judicial Branch
