Bill Text: NY A00073 | 2013-2014 | General Assembly | Introduced

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Bill Title: Establishes a procedure to evaluate the claim of the Montaukett Indians for acknowledgment as an Indian tribe by the state of New York.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2013-09-27 - tabled [A00073 Detail]

Download: New_York-2013-A00073-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 769                                                     A. 73
                              2013-2014 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to  be committed to the Committee on Investi-
         gations and Government Operations
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Judiciary
       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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03507-01-3
       S. 769                              2                              A. 73
    1                                 ARTICLE 11
    2                       EVALUATION OF ACKNOWLEDGMENT OF
    3                             MONTAUKETT INDIANS
    4  SECTION 160. ACKNOWLEDGMENT PROCEDURES.
    5    S  160. ACKNOWLEDGMENT PROCEDURES. 1. ACKNOWLEDGMENT OF THE MONTAUKETT
    6  INDIANS MAY ONLY BE GRANTED BY AN ACT OF THE LEGISLATURE  IN  COMPLIANCE
    7  WITH THE PROVISIONS OF THIS SECTION.
    8    2.  A  REQUEST  FOR  ACKNOWLEDGMENT SHALL BE INITIATED BY A DOCUMENTED
    9  PETITION TO THE SECRETARY OF STATE CONTAINING DETAILED SPECIFIC EVIDENCE
   10  TO SUPPORT THE REQUEST. SUCH DOCUMENTED  PETITION  SHALL  BE  CERTIFIED,
   11  SIGNED,  AND DATED BY THE GOVERNING BODY, STATING THAT IT IS THE GROUP'S
   12  OFFICIAL DOCUMENTED PETITION.
   13    3. THE SECRETARY OF STATE SHALL EVALUATE THE DOCUMENTED  PETITION  AND
   14  SUBMIT  A  RECOMMENDATION  TO  THE LEGISLATURE REGARDING THE APPROVAL OR
   15  DENIAL OF ACKNOWLEDGMENT BASED UPON THE CRITERIA PROVIDED IN SUBDIVISION
   16  FOUR OF THIS SECTION.
   17    4. THE SECRETARY OF STATE SHALL UTILIZE  THE  MANDATORY  CRITERIA  FOR
   18  FEDERAL  ACKNOWLEDGMENT  PROVIDED FOR IN 25 CFR SECTION 83.7 TO EVALUATE
   19  THE DOCUMENTED PETITION.
   20    5. THE SECRETARY OF STATE SHALL PROMULGATE RULES  AND  REGULATIONS  TO
   21  IMPLEMENT  THIS  SECTION WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE
   22  DATE OF THIS SECTION.  SUCH RULES AND REGULATIONS  SHALL  ESTABLISH  THE
   23  LEVEL  OF  PROOF  AND  DOCUMENTATION THAT SHALL BE NECESSARY TO MEET THE
   24  MANDATORY CRITERIA.
   25    S 3. Severability.   If any clause, sentence,  paragraph,  section  or
   26  part  of  this act shall be adjudged by any court of competent jurisdic-
   27  tion to be invalid, such judgment shall not affect, impair or invalidate
   28  the remainder thereof, but shall be confined in  its  operation  to  the
   29  clause,  sentence,  paragraph, section or part thereof directly involved
   30  in the controversy in which such judgment shall have been rendered.
   31    S 4. This act shall take effect immediately.