senate Bill S769

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

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Archive: Last Bill Status Via A73 - Vetoed by Governor


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

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Actions

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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

Votes

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S769 - Bill Details

See Assembly Version of this Bill:
A73
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 - Bill Texts

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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 NUMBER:S769

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 11
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 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. 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:
2011-12: S.5894

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
Immediately.

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                    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

                               (PREFILED)

                             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

  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.
                                                           LBD03507-01-3

S. 769                              2                              A. 73

                               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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