Bill S2334-2009

Requires express consent of the state legislature for the settlement of a claim respecting Indian lands

Requires express consent of the state legislature, by statute or resolution, for the settlement of a claim respecting Indian lands.

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  • Jan 6, 2010: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Feb 18, 2009: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

 BILL NUMBER:  S2334

TITLE OF BILL : An act to amend the Indian law, in relation to clarifying that the settlement of a claim respecting Indian lands requires the express consent of the legislature

PURPOSE : This bill would clarify that the settlement of an Indian land claim requires the express consent of the Legislature.

SUMMARY OF PROVISIONS : This bill would amend section 7-a of the Indian Law to clarify that the settlement of an Indian land claim, or any purchase of Indian lands, requires the authority and express consent of the Legislature, by statute or resolution.

EXISTING LAW : Currently section 7-a of the Indian Law requires that any purchase of Indian lands requires the authority and consent of the Legislature. This bill would clarify that the Legislature's consent must be expressed and that the settlement of a land claim is treated in the same way as other purchases.

JUSTIFICATION : Section 7-a of the Indian Law requires that any purchase or contract for the sale of Indian lands must be made under the authority and with the consent of the Legislature. Any settlement of an Indian land claim would be a species of land purchase.

In order to avoid any misconceptions, section 7-a should be amended to unequivocally state that the settlement of a land claim will be treated in the same fashion as any other purchase of Indian lands and that the Legislature's consent must be expressed.

LEGISLATIVE HISTORY : S.95 of 2007-08; S.401 of 2005-06; S.23 of 2003-04; S.544 of 2001-02; S.1390 of 1999-2000; S.3264 of 1997-98.

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 2334 2009-2010 Regular Sessions IN SENATE February 18, 2009 ___________
Introduced by Sen. PADAVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the Indian law, in relation to clarifying that the settlement of a claim respecting Indian lands requires the express consent of the legislature THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 7-a of the Indian law, as added by chapter 568 of the laws of 1962, is amended to read as follows: S 7-a. Purchase of lands of Indians; SETTLEMENT OF A CLAIM. No purchase or contract for the sale of lands of Indians in this state, OR SETTLEMENT OF A CLAIM RESPECTING THE LANDS OF INDIANS, shall be valid unless made under the authority, and with the EXPRESS consent, BY STAT- UTE OR RESOLUTION, of the legislature. S 2. This act shall take effect immediately.

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