Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 30, 2023 |
returned to assembly passed senate 3rd reading cal.973 substituted for s6721 referred to investigations and government operations delivered to senate passed assembly |
May 24, 2023 |
ordered to third reading rules cal.276 rules report cal.276 reported |
May 23, 2023 |
reported referred to rules |
May 09, 2023 |
referred to judiciary |
Assembly Bill A6919
2023-2024 Legislative Session
Sponsored By
THIELE
Current Bill Status - Passed Senate & Assembly
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
Latrice Walker
Rebecca Seawright
2023-A6919 (ACTIVE) - Details
2023-A6919 (ACTIVE) - Summary
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
2023-A6919 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6919 2023-2024 Regular Sessions I N A S S E M B L Y May 9, 2023 ___________ Introduced by M. of A. THIELE, WALKER, SEAWRIGHT -- read once and referred to the Committee on Judiciary AN ACT to amend the Indian law, in relation to the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative findings. The Montaukett Indian Nation seeks reinstatement of its recognition and acknowledgment by the state of New York. Such recognition and acknowledgment was improperly removed from the Montaukett Indian Nation 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 Indian Nation was declared to be "extinct". The court ruled that "the tribe has disintegrated and been absorbed into the mass of citizens and at the time of commencement of this action there was no tribe of Montaukett Indians". This arbitrary ruling ignored earlier U.S. Supreme Court decisions defining Indian Nations according to criteria under which the Montaukett Indian Nation qualified as an existing sovereign tribe and giving Congress, rather than the courts, power to decide the status of an Indian. In the first of these U.S. Supreme Court decisions, United States v. Roger, 45 U.S. 567 (1848), the court ruled that the primary criteria for Indian identity was evidence that an Indian had to have some genealogi- cal connection with a recognized group that had existed before the arrival of the European white explorers, traders, and settlers. Veri- fied evidence demonstrates that the Montaukett Indian Nation existed prior to the Doctrine of Discovery and, as a sovereign tribe, ruled from the end of the Island to what is today the town of Hempstead. Subsequently, a decade before the Montaukett decision, in Montoya v. U.S., 180 U.S. 261 (1901), the U.S. Supreme Court further defined an Indian tribe as "a body of Indians of the same or similar race, united EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11003-03-3
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