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Sacred Burial Site Bill Awaits Governor's Signature

Thu, 12/29/2022 - 10:46
New York State Gov. Kathy Hochul
Mike Groll/Office of Governor Kathy Hochul

In a flurry of end-of-year bill signing and bill-vetoing activity of interest to East Enders that coincided with a record-breaking blizzard in her Buffalo hometown, New York Gov. Kathy Hochul recently agreed to ban puppy mills in the state while vetoing a bill to provide the Montaukett Nation with state recognition. Governor Hochul still has a pile of bills on her desk to either sign or veto by the end of the year — and the fate of a sacred burial site protection bill that passed with big majorities in the New York State Legislature this year remained in limbo as of early this week.

Assemblyman Fred W. Thiele Jr. told The Star last week that he had some optimism that the bill — which he supported but did not co-sponsor this year — might ultimately be met with her signature, noting that Governor Hochul and her staff had been engaged in discussions over the bill with stakeholders that include New York’s powerful real estate lobby, which leans Democratic in its campaign-funding largess and is one of the reasons Governor Hochul prevailed in her race against Lee Zeldin this year to become the state’s first elected female governor.

The unmarked burial site bill would compel developers or homeowners to preserve remains or funerary items that may be uncovered during home construction or renovation. New York is one of only a few states that does not have laws protecting burial sites when they are unearthed by developers or homeowners. The bill has been supported by, among others, the Shinnecock Nation, which recently urged Governor Hochul to sign it.  

Mr. Thiele proposed similar legislation in Albany in past legislative sessions but those efforts ran into opposition from the state’s real estate and developers’ lobby. Earlier this year, Mr. Thiele told The Star “that there had been opposition from developers and real estate interests who thought passing this bill and passing protocols [for developer and homeowners] would put too much of a burden on a development process that’s already too long — and that’s part of the reason it hasn’t moved.”

But the fact that Governor Hochul is engaged and working to get a bill she might be able to sign signaled to Mr. Thiele that the bill may pass.

“I’m somewhat optimistic about the burial bill,” said Mr. Thiele. “I’m aware that there are negotiations and discussions occurring,” he added, explaining that when a bill goes to the governor, “chapter amendments” can be added to address any concerns the executive might have.

“I know for a fact that is going on with this particular bill. Whether there will be an agreement or not by the end of the year, I’m at least heartened by the fact that after what I suspect are discussions with the developer community,” she may sign it. “She does want changes to that bill.”

Governor Hochul’s press office did not respond to a request for comment by deadline. She has until Sunday to either sign or veto the bill.

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