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Senate Bill S5894B

2011-2012 Legislative Session

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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Archive: Last Bill Status - In Senate Committee Rules Committee

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Bill Amendments

2011-S5894 - Details

See Assembly Version of this Bill:
A7420
Current Committee:
Senate Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
S769, A73

2011-S5894 - Summary

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

2011-S5894 - Sponsor Memo

2011-S5894 - Bill Text download pdf 

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

                                  5894

                       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

AN ACT to amend the Indian law, in relation to establishing a  procedure
  to  evaluate  the  claim  of  the  Montaukett Tribe of Long Island 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  Tribe
of  Long Island seeks to be acknowledged or recognized by the state.  It
is the purpose of this act to establish objective criteria for consider-
ation of acknowledgment or recognition which may be used by the legisla-
ture in evaluating such request.
  S 2. The Indian law is amended by adding a new article 11 to  read  as
follows:
                               ARTICLE 11
                     EVALUATION OF ACKNOWLEDGMENT OF
                     MONTAUKETT TRIBE OF LONG ISLAND
SECTION 160. ACKNOWLEDGMENT PROCEDURES.
  S  160. ACKNOWLEDGMENT PROCEDURES. 1. ACKNOWLEDGMENT OF THE MONTAUKETT
TRIBE OF LONG ISLAND 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10689-01-1

2011-S5894A - Details

See Assembly Version of this Bill:
A7420
Current Committee:
Senate Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
S769, A73

2011-S5894A - Summary

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

2011-S5894A - Sponsor Memo

2011-S5894A - Bill Text download pdf 

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

                                 5894--A

                       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

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.  It is the purpose
of this  act  to  establish  objective  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:
                               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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10689-03-1

2011-S5894B (ACTIVE) - Details

See Assembly Version of this Bill:
A7420
Current Committee:
Senate Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
S769, A73

2011-S5894B (ACTIVE) - Summary

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

2011-S5894B (ACTIVE) - Sponsor Memo

2011-S5894B (ACTIVE) - Bill Text download pdf 

                            
                    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

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