Bill Text: NY A05411 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Provides for state recognition and acknowledgement of the Montaukett Indians; provides that the Montaukett Indians shall have a chief or sachem, three tribal trustees and a tribal secretary; further provides for the qualification of voters; makes related provisions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-21 - REFERRED TO RULES [A05411 Detail]

Download: New_York-2019-A05411-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 3691                                                  A. 5411
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    February 12, 2019
                                       ___________
        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 the state recognition and
          acknowledgement of the Montaukett Indians
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 2 of the Indian law, as added by chapter 174 of the
     2  laws of 2013, is amended to read as follows:
     3    § 2. New York state Indian nations and tribes. The term "Indian nation
     4  or tribe" means one of the following New York state  Indian  nations  or
     5  tribes: Cayuga Nation, Oneida Nation of New York, Onondaga Nation, Poos-
     6  patuck  or Unkechauge Nation, Saint Regis Mohawk Tribe, Seneca Nation of
     7  Indians,  Shinnecock  Indian  Nation,  Tonawanda  Band  of  Seneca,  the
     8  Montaukett Indians, and Tuscarora Nation.
     9    §  2.  The Indian law is amended by adding a new article 11 to read as
    10  follows:
    11                                 ARTICLE 11
    12                           THE MONTAUKETT INDIANS
    13  Section 170. State recognition and acknowledgment.
    14          171. Leadership  of  Montaukett  Indians;  elections;  terms  of
    15                 office.
    16          172. Qualifications of voters.
    17          173. Qualifications for office.
    18    Section  170.  State  recognition  and  acknowledgment. The Montaukett
    19  Indians seek to restore their  acknowledgment  and  recognition  by  the
    20  state  of  New  York. Such recognition and acknowledgment was improperly
    21  removed from the Montaukett Indians in 1910 in the case  of  PHAROAH  V.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09550-01-9
        S. 3691                             2                            A. 5411
     1  BENSON,  69 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App.
     2  Div. 51, affirmed 222 N.Y. 665 when the Montaukett Indians were declared
     3  to be extinct. In 1994, the State Supreme Court, in the case of BREAKERS
     4  MOTEL,  INC. V.   SUNBEACH MONTAUK TWO, INC., subsequently described the
     5  PHAROAH case as being of "questionable propriety". It is the purpose  of
     6  this  act  to correct this impropriety by granting state recognition and
     7  acknowledgment to the Montaukett Indians.
     8    § 171. Leadership of Montaukett Indians; elections; terms  of  office.
     9  The  Montaukett Indians shall have a chief or sachem, three tribal trus-
    10  tees, and a tribal secretary. They shall be elected by a  majority  vote
    11  by  ballot  of  the blood right members of the tribe eligible to vote at
    12  the annual tribal meeting which shall be  held  annually  on  the  first
    13  Tuesday  in  April.   All officers shall hold office for a period of one
    14  year.
    15    § 172. Qualifications of voters. No person shall vote at the  election
    16  provided  for  in section one hundred seventy-one of this article unless
    17  such person is at least eighteen years of age  and  is  certified  as  a
    18  blood  right  member of the Montaukett Indians nation in accordance with
    19  the tribal rules, customs and regulations of the Montaukett Indians.
    20    § 173. Qualifications for  office.  All  officers  shall  qualify  for
    21  office and perform their respective duties in accordance with the tribal
    22  rules, customs and regulations of the Montaukett Indians.
    23    § 3. This act shall take effect immediately.