senate Bill S769

Vetoed By Governor
2013-2014 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 Via A73 -

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

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view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 tabled
vetoed memo.210
Sep 16, 2013 delivered to governor
Jun 18, 2013 returned to assembly
passed senate
3rd reading cal.1416
substituted for s769
Jun 18, 2013 substituted by a73
ordered to third reading cal.1416
committee discharged and committed to rules
Jan 09, 2013 referred to investigations and government operations

S769 - Details

See Assembly Version of this Bill:
Law Section:
Indian Law
Laws Affected:
Add Art 11 ยง160, Indian L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S5894B, A7420B
2009-2010: A1911

S769 - Summary

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

S769 - Sponsor Memo

S769 - Bill Text download pdf

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

    S. 769                                                     A. 73

                       2013-2014 Regular Sessions

                      S E N A T E - A S S E M B L Y


                             January 9, 2013

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- 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 Indians for acknowledgment  as
  an Indian tribe by the state of New York


  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

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


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