senate Bill S2334

Requires express consent of the state legislature for the settlement of a claim respecting Indian lands

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Sponsor

Bill Status


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

  • 18 / Feb / 2009
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 06 / Jan / 2010
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Summary

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Bill Details

Versions:
S2334
Legislative Cycle:
2009-2010
Current Committee:
Senate Investigations And Government Operations
Law Section:
Indian Law

Sponsor Memo

BILL NUMBER: S2334

TITLE OF BILL :
An act to amend the Indian law, in relation to clarifying that the
settlement of a claim respecting Indian lands requires the express
consent of the legislature


PURPOSE :
This bill would clarify that the settlement of an Indian land claim
requires the express consent of the Legislature.

SUMMARY OF PROVISIONS :
This bill would amend section 7-a of the Indian Law to clarify that
the settlement of an Indian land claim, or any purchase of Indian
lands, requires the authority and express consent of the Legislature,
by statute or resolution.

EXISTING LAW :
Currently section 7-a of the Indian Law requires that any purchase of
Indian lands requires the authority and consent of the Legislature.
This bill would clarify that the Legislature's consent must be
expressed and that the settlement of a land claim is treated in the
same way as other purchases.

JUSTIFICATION :
Section 7-a of the Indian Law requires that any purchase or contract
for the sale of Indian lands must be made under the authority and with
the consent of the Legislature. Any settlement of an Indian land
claim would be a species of land purchase.

In order to avoid any misconceptions, section 7-a should be amended to
unequivocally state that the settlement of a land claim will be
treated in the same fashion as any other purchase of Indian lands and
that the Legislature's consent must be expressed.

LEGISLATIVE HISTORY :
S.95 of 2007-08; S.401 of 2005-06; S.23 of 2003-04; S.544 of 2001-02;
S.1390 of 1999-2000; S.3264 of 1997-98.

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
Immediately.
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