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Assembly Bill A11023A

2017-2018 Legislative Session

Requires the department of state to promulgate rules and regulations providing for the recognition of Indian tribes as Indian Nations

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

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2017-A11023 - Details

Current Committee:
Assembly Rules
Law Section:
Indian Law
Laws Affected:
Amd §2, Indian L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9591
2021-2022: A5299
2023-2024: A4359

2017-A11023 - Summary

Requires the department of state to promulgate rules and regulations providing for the recognition of Indian tribes as Indian Nations; further requires an annual report to the legislature.

2017-A11023 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11023
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Jaffee,
   Thiele) -- read once and referred to the Committee on Judiciary
 
 AN ACT in relation to requiring the department of  state  to  promulgate
   rules  and  regulations providing for the recognition of Indian tribes
   as Indian Nations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  department of state shall promulgate rules and regu-
 lations providing for a process for Indian tribes to apply to be  recog-
 nized  as Indian Nations.  Rules and regulations promulgated pursuant to
 this section shall include, but  not  be  limited  to,  any  established
 criteria  necessary  for  recognizing domestic Indian tribes, the evalu-
 ation process by which an Indian tribe can seek to be recognized  as  an
 Indian  Nation,  and  the  timeline within which the department of state
 will process such applications.
   The department of state shall  promulgate  all  applicable  rules  and
 regulations required by this section no later than January 1, 2019.
   §  2.  The department of state shall issue an annual report and recom-
 mendations to the legislature. The annual report shall include, but  not
 necessarily be limited to, a summary of the applications received by the
 department  of state for tribal recognition, the status of each applica-
 tion received by the department of  state,  recommendations  on  whether
 legislation  should  be  enacted  to grant state recognition to any such
 applicant tribe and all material, analysis, law and  reasoning  used  in
 reaching such recommendation. Annual reports to the legislature shall be
 issued no later than January thirty-first of each year.
   § 3. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16141-01-8

co-Sponsors

2017-A11023A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
Indian Law
Laws Affected:
Amd §2, Indian L
Versions Introduced in Other Legislative Sessions:
2019-2020: A9591
2021-2022: A5299
2023-2024: A4359

2017-A11023A (ACTIVE) - Summary

Requires the department of state to promulgate rules and regulations providing for the recognition of Indian tribes as Indian Nations; further requires an annual report to the legislature.

2017-A11023A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 11023--A
 
                           I N  A S S E M B L Y
 
                               May 31, 2018
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Jaffee,
   Thiele) -- read once and referred to the  Committee  on  Judiciary  --
   reported  and  referred  to  the Committee on Rules -- Rules Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN ACT to amend the Indian law, in relation to requiring the  department
   of  state to promulgate rules and regulations providing for the recog-
   nition of Indian tribes as Indian Nations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2 of the Indian law, as added by chapter 174 of the
 laws of 2013, is amended to read as follows:
   §  2.  New  York  state Indian nations and tribes. 1. The term "Indian
 nation or tribe" means one  of  the  following  New  York  state  Indian
 nations  or  tribes:  Cayuga Nation, Oneida Nation of New York, Onondaga
 Nation, Poospatuck or Unkechauge Nation, Saint Regis Mohawk Tribe, Sene-
 ca Nation of Indians, Shinnecock Indian Nation, Tonawanda Band of Seneca
 and Tuscarora Nation.
   2. A. THE DEPARTMENT OF STATE SHALL PROMULGATE RULES  AND  REGULATIONS
 PROVIDING  FOR  A PROCESS FOR INDIAN TRIBES TO APPLY TO BE RECOGNIZED AS
 INDIAN NATIONS.   RULES AND REGULATIONS  PROMULGATED  PURSUANT  TO  THIS
 SUBDIVISION SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY ESTABLISHED CRITE-
 RIA  NECESSARY  FOR  RECOGNIZING  DOMESTIC INDIAN TRIBES, THE EVALUATION
 PROCESS BY WHICH AN INDIAN TRIBE CAN SEEK TO BE RECOGNIZED AS AN  INDIAN
 NATION, AND THE TIMELINE WITHIN WHICH THE DEPARTMENT OF STATE WILL PROC-
 ESS SUCH APPLICATIONS.
   THE  DEPARTMENT  OF  STATE  SHALL  PROMULGATE ALL APPLICABLE RULES AND
 REGULATIONS REQUIRED BY THIS SUBDIVISION NO LATER  THAN  JANUARY  FIRST,
 TWO THOUSAND NINETEEN.
   B.  THE DEPARTMENT OF STATE SHALL ISSUE AN ANNUAL REPORT AND RECOMMEN-
 DATIONS TO THE LEGISLATURE. THE ANNUAL REPORT  SHALL  INCLUDE,  BUT  NOT
 NECESSARILY BE LIMITED TO, A SUMMARY OF THE APPLICATIONS RECEIVED BY THE
 DEPARTMENT  OF STATE FOR TRIBAL RECOGNITION, THE STATUS OF EACH APPLICA-
 TION RECEIVED BY THE DEPARTMENT OF  STATE,  RECOMMENDATIONS  ON  WHETHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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