senate Bill S5894B

Establishes a procedure to evaluate the claim of the Montaukett Indians for acknowledgment as an Indian tribe by the state of New York

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Bill Status


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

  • 26 / Sep / 2011
    • REFERRED TO RULES
  • 30 / Nov / 2011
    • AMEND (T) AND RECOMMIT TO RULES
  • 30 / Nov / 2011
    • PRINT NUMBER 5894A
  • 04 / Jan / 2012
    • REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 20 / Apr / 2012
    • AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • 20 / Apr / 2012
    • PRINT NUMBER 5894B
  • 31 / May / 2012
    • 1ST REPORT CAL.976
  • 04 / Jun / 2012
    • 2ND REPORT CAL.
  • 05 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Establishes a procedure to evaluate the claim of the Montaukett Indians for acknowledgment as an Indian tribe by the state of New York.

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Bill Details

See Assembly Version of this Bill:
A7420B
Versions:
S5894
S5894A
S5894B
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 ยง160, Indian L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A1911, A1911, S5894A
2007-2008: A1504, A1504

Votes

6
0
6
Aye
0
Nay
1
aye with reservations
0
absent
1
excused
0
abstained
show Investigations and Government Operations committee vote details
aye wr (1)
excused (1)

Sponsor Memo

BILL NUMBER:S5894B

TITLE OF BILL:
An act to amend the Indian law, in relation to establishing a
procedure to evaluate the claim of the Montaukett Indians for
acknowledgment as an Indian tribe by the state of New York

PURPOSE:
Establishes a procedure to evaluate the claim of the Montaukett
Indians for acknowledgment as an Indian tribe by the state of New
York.

SUMMARY OF PROVISIONS:
Section 1. Legislative findings.

Section 2. The Indian law is amended by adding a new Article II
entitled Evaluation of Acknowledgement of Montaukett Indians which
sets forth specific acknowledgement procedures.

Section 3. Severability Clause.

Section 4. Provides for an immediate effective date.

JUSTIFICATION:
Historically, the New York State Legislature has granted recognition
or acknowledgment to Indian groups in the state of New Yark by an act
of the Legislature. There have not been any objective standards
enacted to consider a request by an Indian group to obtain recognition
by the state. The Montaukett Indians seeks to be acknowledged or
recognized by the State. Such recognition and acknowledgement was
questionably removed from the Montaukett Indians in 1910 in the case
of Pharaoh v.Bensen, 69 Misc. Rep. 241 (Supreme, Suffolk Co., 1910)
affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when the Montaukett
Indians were declared to be extinct. In 1994, the State Supreme Court,
in the case of Breakers motel. Inc. v. Sunbeach Montauk Two, Inc.,
subsequently described the Pharaoh case as being of "questionable
propriety". It is the purpose of this act to establish objective
criteria for consideration of acknowledgement or recognition which may
be used by the Legislature in evaluating such request.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5894--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                           September 26, 2011
                               ___________

Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- recommitted to the Committee on Investigations
  and Government Operations in accordance with Senate Rule 6, sec. 8  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the Indian law, in relation to establishing a  procedure
  to  evaluate the claim of the Montaukett Indians for acknowledgment as
  an Indian tribe by the state of New York

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Legislative  findings.  The legislature hereby finds that
historically it has granted  recognition  or  acknowledgment  to  Indian
groups in the state of New York by an act of the legislature. There have
not  been  any  objective  standards enacted to consider a request by an
Indian group to obtain recognition by the state.  The Montaukett Indians
seek to be acknowledged or recognized by the state.    Such  recognition
and acknowledgement was questionably removed from the Montaukett Indians
in  1910  in  the case of PHARAOH V. BENSON, 69 Misc. Rep. 241 (Supreme,
Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when
the Montaukett Indians were declared to be extinct. In 1994,  the  State
Supreme  Court,  in the case of BREAKERS MOTEL, INC. V. SUNBEACH MONTAUK
TWO, INC., subsequently described the Pharoah case as  being  of  "ques-
tionable  propriety".  It is the purpose of this act to establish objec-
tive criteria for consideration of acknowledgment or  recognition  which
may be used by the legislature in evaluating such request.
  S  2.  The Indian law is amended by adding a new article 11 to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10689-05-2

S. 5894--B                          2

                               ARTICLE 11
                     EVALUATION OF ACKNOWLEDGMENT OF
                           MONTAUKETT INDIANS
SECTION 160. ACKNOWLEDGMENT PROCEDURES.
  S  160. ACKNOWLEDGMENT PROCEDURES. 1. ACKNOWLEDGMENT OF THE MONTAUKETT
INDIANS MAY ONLY BE GRANTED BY AN ACT OF THE LEGISLATURE  IN  COMPLIANCE
WITH THE PROVISIONS OF THIS SECTION.
  2.  A  REQUEST  FOR  ACKNOWLEDGMENT SHALL BE INITIATED BY A DOCUMENTED
PETITION TO THE SECRETARY OF STATE CONTAINING DETAILED SPECIFIC EVIDENCE
TO SUPPORT THE REQUEST. SUCH DOCUMENTED  PETITION  SHALL  BE  CERTIFIED,
SIGNED,  AND DATED BY THE GOVERNING BODY, STATING THAT IT IS THE GROUP'S
OFFICIAL DOCUMENTED PETITION.
  3. THE SECRETARY OF STATE SHALL EVALUATE THE DOCUMENTED  PETITION  AND
SUBMIT  A  RECOMMENDATION  TO  THE LEGISLATURE REGARDING THE APPROVAL OR
DENIAL OF ACKNOWLEDGMENT BASED UPON THE CRITERIA PROVIDED IN SUBDIVISION
FOUR OF THIS SECTION.
  4. THE SECRETARY OF STATE SHALL UTILIZE  THE  MANDATORY  CRITERIA  FOR
FEDERAL  ACKNOWLEDGMENT  PROVIDED FOR IN 25 CFR SECTION 83.7 TO EVALUATE
THE DOCUMENTED PETITION.
  5. THE SECRETARY OF STATE SHALL PROMULGATE RULES  AND  REGULATIONS  TO
IMPLEMENT  THIS  SECTION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
DATE OF THIS SECTION.  SUCH RULES AND REGULATIONS  SHALL  ESTABLISH  THE
LEVEL  OF  PROOF  AND  DOCUMENTATION THAT SHALL BE NECESSARY TO MEET THE
MANDATORY CRITERIA.
  S 3. Severability.   If any clause, sentence,  paragraph,  section  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof, but shall be confined in  its  operation  to  the
clause,  sentence,  paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
  S 4. This act shall take effect immediately.

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