A07420 Summary:

BILL NO    A07420B

SAME AS    SAME AS S05894-B

SPONSOR    Thiele

COSPNSR    

MLTSPNSR   

Add Art 11 S160, Indian L

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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A07420 Actions:

BILL NO    A07420B

05/04/2011 referred to judiciary
11/30/2011 amend (t) and recommit to judiciary
11/30/2011 print number 7420a
01/04/2012 referred to judiciary
04/20/2012 amend and recommit to judiciary
04/20/2012 print number 7420b
06/05/2012 reported referred to rules
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A07420 Votes:

There are no votes for this bill in this legislative session.
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A07420 Memo:

BILL NUMBER:A7420B

TITLE OF BILL:  An act to amend the Indian law, in relation to estab-
lishing a procedure to evaluate the claim of the Montaukett Indians for
acknowledgment as an Indian tribe by the state of New York

PURPOSE OR GENERAL IDEA OF BILL: Establishes a procedure to evaluate the
claim of the Montaukett Indians for acknowledgement as an Indian tribe
by the state of New York.

SUMMARY OF SPECIFIC 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 acknowledgement to Indian groups in the state of New York
by an act of 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 recog-
nized by the state. Such recognition and acknowledgement was question-
ably 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 Pharaoh case as being of 'questionable propriety". It is
the purpose of this act to establish objective criteria for consider-
ation of acknowledgement or recognition which may be used by the Legis-
lature in evaluating such request.

PRIOR LEGISLATIVE HISTORY:
2011: A.7420/S.5894
2009-10: A.1911
2007-08: A.1504
2005-06: A.9204

FISCAL IMPLICATIONS: None to state.

EFFECTIVE DATE: This act shall take effect immediately.
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A07420 Text:

                           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:

    1    Section 1. Legislative findings. The  legislature  hereby  finds  that
    2  historically  it  has  granted  recognition  or acknowledgment to Indian
    3  groups in the state of New York by an act of the legislature. There have
    4  not been any objective standards enacted to consider  a  request  by  an
    5  Indian group to obtain recognition by the state.  The Montaukett Indians
    6  seek  to  be  acknowledged or recognized by the state.  Such recognition
    7  and acknowledgement was questionably removed from the Montaukett Indians
    8  in 1910 in the case of PHARAOH V. BENSON, 69 Misc.  Rep.  241  (Supreme,
    9  Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665 when
   10  the  Montaukett  Indians were declared to be extinct. In 1994, the State
   11  Supreme Court, in the case of BREAKERS MOTEL, INC. V.  SUNBEACH  MONTAUK
   12  TWO,  INC.,  subsequently  described the Pharoah case as being of "ques-
   13  tionable propriety".  It is the purpose of this act to establish  objec-
   14  tive  criteria  for consideration of acknowledgment or recognition which
   15  may be used by the legislature in evaluating such request.
   16    S 2. The Indian law is amended by adding a new article 11 to  read  as
   17  follows:
   18                                 ARTICLE 11
   19                       EVALUATION OF ACKNOWLEDGMENT OF
   20                             MONTAUKETT INDIANS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10689-04-2
       A. 7420--B                          2

    1  SECTION 160. ACKNOWLEDGMENT PROCEDURES.
    2    S  160. ACKNOWLEDGMENT PROCEDURES. 1. ACKNOWLEDGMENT OF THE MONTAUKETT
    3  INDIANS MAY ONLY BE GRANTED BY AN ACT OF THE LEGISLATURE  IN  COMPLIANCE
    4  WITH THE PROVISIONS OF THIS SECTION.
    5    2.  A  REQUEST  FOR  ACKNOWLEDGMENT SHALL BE INITIATED BY A DOCUMENTED
    6  PETITION TO THE SECRETARY OF STATE CONTAINING DETAILED SPECIFIC EVIDENCE
    7  TO SUPPORT THE REQUEST. SUCH DOCUMENTED  PETITION  SHALL  BE  CERTIFIED,
    8  SIGNED,  AND DATED BY THE GOVERNING BODY, STATING THAT IT IS THE GROUP'S
    9  OFFICIAL DOCUMENTED PETITION.
   10    3. THE SECRETARY OF STATE SHALL EVALUATE THE DOCUMENTED  PETITION  AND
   11  SUBMIT  A  RECOMMENDATION  TO  THE LEGISLATURE REGARDING THE APPROVAL OR
   12  DENIAL OF ACKNOWLEDGMENT BASED UPON THE CRITERIA PROVIDED IN SUBDIVISION
   13  FOUR OF THIS SECTION.
   14    4. THE SECRETARY OF STATE SHALL UTILIZE  THE  MANDATORY  CRITERIA  FOR
   15  FEDERAL  ACKNOWLEDGMENT  PROVIDED FOR IN 25 CFR SECTION 83.7 TO EVALUATE
   16  THE DOCUMENTED PETITION.
   17    5. THE SECRETARY OF STATE SHALL PROMULGATE RULES  AND  REGULATIONS  TO
   18  IMPLEMENT  THIS  SECTION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
   19  DATE OF THIS SECTION.  SUCH RULES AND REGULATIONS  SHALL  ESTABLISH  THE
   20  LEVEL  OF  PROOF  AND  DOCUMENTATION THAT SHALL BE NECESSARY TO MEET THE
   21  MANDATORY CRITERIA.
   22    S 3. Severability.   If any clause, sentence,  paragraph,  section  or
   23  part  of  this act shall be adjudged by any court of competent jurisdic-
   24  tion to be invalid, such judgment shall not affect, impair or invalidate
   25  the remainder thereof, but shall be confined in  its  operation  to  the
   26  clause,  sentence,  paragraph, section or part thereof directly involved
   27  in the controversy in which such judgment shall have been rendered.
   28    S 4. This act shall take effect immediately.
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