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History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.976
- Print number 5894b
- Amend and recommit to investigations and government operations
- Referred to investigations and government operations
- Print number 5894a
- Amend (t) and recommit to rules
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Establishes a procedure to evaluate the claim of the Montaukett Indians for acknowledgment as an Indian tribe by the state of New York
In Assembly Committee · Rules · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5894B
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 II 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 Yark 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
New legislation.
Fiscal implications
None to the State
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.