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 Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
Jun 05, 2012 advanced to third reading
Jun 04, 2012 2nd report cal.
May 31, 2012 1st report cal.976
Apr 20, 2012 print number 5894b
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Nov 30, 2011 print number 5894a
amend (t) and recommit to rules
Sep 26, 2011 referred to rules

Votes

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May 31, 2012 - Investigations and Government Operations committee Vote

S5894B
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 31, 2012

aye wr (1)
excused (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5894 - Bill Details

See Assembly Version of this Bill:
A7420B
Current Committee:
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2009-2010 Legislative Session:
A1911

S5894 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5894

TITLE OF BILL:
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

PURPOSE:
Establishes 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.

SUMMARY OF PROVISIONS:
The Indian law is amended by adding a new Article 11.

JUSTIFICATION:
Historically, the New York State Legislature 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
consideration of acknowledgment 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 full 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

S. 5894                             2

  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.
  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.

S5894A - Bill Details

See Assembly Version of this Bill:
A7420B
Current Committee:
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2009-2010 Legislative Session:
A1911

S5894A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5894A

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:
The Indian law is amended by adding a new article 11.

JUSTIFICATION:
Historically, the New York State Legislature 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 seeks 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.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

view full 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

S. 5894--A                          2

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.
  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.

S5894B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7420B
Current Committee:
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2009-2010 Legislative Session:
A1911

S5894B (ACTIVE) - Bill Texts

view summary

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

view 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 full 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

                               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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