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History
- Substituted by A73
- Ordered to third reading cal.1416
- Committee discharged and committed to rules
- Referred to investigations and government operations
Companion bill
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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
Vetoed · Sponsor Fred Thiele
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.