|SAME AS||SAME AS UNI. S03006|
|Amd §2, add Art 11 §§170 - 173, Indian L|
|Provides for the state recognition and acknowledgment of the Montaukett Indians.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ S. 3006 A. 2325 2017-2018 Regular Sessions SENATE - ASSEMBLY January 18, 2017 ___________ 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07146-01-7S. 3006 2 A. 2325 1 § 170. State recognition and acknowledgment. The Montaukett Indians 2 seek to restore their acknowledgment and recognition by the state of New 3 York. Such recognition and acknowledgment was improperly removed from 4 the Montaukett Indians in 1910 in the case of PHAROAH V. BENSON, 69 5 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App. Div. 51, 6 affirmed 222 N.Y. 665 when the Montaukett Indians were declared to be 7 extinct. In 1994, the State Supreme Court, in the case of BREAKERS 8 MOTEL, INC. V. SUNBEACH MONTAUK TWO, INC., subsequently described the 9 PHAROAH case as being of "questionable propriety". It is the purpose of 10 this act to correct this impropriety by granting state recognition and 11 acknowledgment to the Montaukett Indians. 12 § 171. Leadership of Montaukett Indians; elections; terms of office. 13 The Montaukett Indians shall have a chief or sachem, three tribal trus- 14 tees, and a tribal secretary. They shall be elected by a majority vote 15 by ballot of the blood right members of the tribe eligible to vote at 16 the annual tribal meeting which shall be held annually on the first 17 Tuesday in April. All officers shall hold office for a period of one 18 year. 19 § 172. Qualifications of voters. No person shall vote at the election 20 provided for in section one hundred seventy-one of this article unless 21 such person is at least eighteen years of age and is certified as a 22 blood right member of the Montaukett Indians nation in accordance with 23 the tribal rules, customs and regulations of the Montaukett Indians. 24 § 173. Qualifications for office. All officers shall qualify for 25 office and perform their respective duties in accordance with the tribal 26 rules, customs and regulations of the Montaukett Indians. 27 § 3. This act shall take effect immediately.