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A02325 Summary:

Amd 2, add Art 11 170 - 173, Indian L
Provides for the state recognition and acknowledgment of the Montaukett Indians.
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A02325 Text:

                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.

        S. 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.
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