Do you support this bill?

Assembly Bill A7420B

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

Bill Amendments

2011-A7420 - Details

See Senate Version of this Bill:
S5894
Current Committee:
Assembly Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
A73, S769

2011-A7420 - 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-A7420 - Bill Text download pdf 

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

                                  7420

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on Judiciary

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-A7420A - Details

See Senate Version of this Bill:
S5894
Current Committee:
Assembly Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
A73, S769

2011-A7420A - 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-A7420A - Bill Text download pdf 

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

                                 7420--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Judiciary -- 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,
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.
                                                           LBD10689-02-1

2011-A7420B (ACTIVE) - Details

See Senate Version of this Bill:
S5894
Current Committee:
Assembly Rules
Law Section:
Indian Law
Laws Affected:
Add Art 11 §160, Indian L
Versions Introduced in 2013-2014 Legislative Session:
A73, S769

2011-A7420B (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-A7420B (ACTIVE) - Bill Text download pdf 

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

                                 7420--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               May 4, 2011
                               ___________

Introduced by M. of A. THIELE -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee  --  recommitted  to  the
  Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
  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:
                               ARTICLE 11
                     EVALUATION OF ACKNOWLEDGMENT OF
                           MONTAUKETT INDIANS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10689-04-2

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.