Bill Text: NY A09704 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for the state recognition and acknowledgment of the Montaukett Indians.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-05-16 - referred to judiciary [A09704 Detail]

Download: New_York-2013-A09704-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 7619                                                  A. 9704
                             S E N A T E - A S S E M B L Y
                                     May 16, 2014
                                      ___________
       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. The Indian law is amended by adding a  new  article  11  to
    2  read as follows:
    3                                 ARTICLE 11
    4                           THE MONTAUKETT INDIANS
    5  SECTION 170. STATE RECOGNITION AND ACKNOWLEDGMENT.
    6          171.  LEADERSHIP  OF  MONTAUKETT  INDIANS;  ELECTIONS;  TERMS OF
    7          OFFICE.
    8          172. QUALIFICATIONS OF VOTERS.
    9          173. QUALIFICATIONS FOR OFFICE.
   10    S 170. STATE RECOGNITION AND ACKNOWLEDGMENT.  THE  MONTAUKETT  INDIANS
   11  SEEK TO RESTORE THEIR ACKNOWLEDGMENT AND RECOGNITION BY THE STATE OF NEW
   12  YORK.  SUCH  RECOGNITION  AND ACKNOWLEDGMENT WAS IMPROPERLY REMOVED FROM
   13  THE MONTAUKETT INDIANS IN 1910 IN THE CASE  OF  PHAROAH  V.  BENSON,  69
   14  MISC.REP.  241(SUPREME,  SUFFOLK  CO.,  1910) AFFIRMED 164 APP. DIV. 51,
   15  AFFIRMED 222 N.Y. 665 WHEN THE MONTAUKETT INDIANS WERE  DECLARED  TO  BE
   16  EXTINCT.  IN  1994,  THE  STATE  SUPREME  COURT, IN THE CASE OF BREAKERS
   17  MOTEL, INC. V. SUNBEACH MONTAUK TWO, INC.,  SUBSEQUENTLY  DESCRIBED  THE
   18  PHAROAH  CASE AS BEING OF "QUESTIONABLE PROPRIETY". IT IS THE PURPOSE OF
   19  THIS ACT TO CORRECT THIS IMPROPRIETY BY GRANTING STATE  RECOGNITION  AND
   20  ACKNOWLEDGMENT TO THE MONTAUKETT INDIANS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15075-01-4
       S. 7619                             2                            A. 9704
    1    S  171.  LEADERSHIP OF MONTAUKETT INDIANS; ELECTIONS; TERMS OF OFFICE.
    2  THE MONTAUKETT INDIANS SHALL HAVE A CHIEF OR SACHEM, THREE TRIBAL  TRUS-
    3  TEES,  AND  A TRIBAL SECRETARY. THEY SHALL BE ELECTED BY A MAJORITY VOTE
    4  BY BALLOT OF THE BLOOD RIGHT MEMBERS OF THE TRIBE ELIGIBLE  TO  VOTE  AT
    5  THE  ANNUAL  TRIBAL  MEETING  WHICH  SHALL BE HELD ANNUALLY ON THE FIRST
    6  TUESDAY IN APRIL. ALL OFFICERS SHALL HOLD OFFICE FOR  A  PERIOD  OF  ONE
    7  YEAR.
    8    S  172. QUALIFICATIONS OF VOTERS. NO PERSON SHALL VOTE AT THE ELECTION
    9  PROVIDED FOR IN SECTION ONE HUNDRED SEVENTY-ONE OF THIS  ARTICLE  UNLESS
   10  SUCH  PERSON  IS  AT  LEAST  EIGHTEEN YEARS OF AGE AND IS CERTIFIED AS A
   11  BLOOD RIGHT MEMBER OF THE MONTAUKETT INDIANS NATION IN  ACCORDANCE  WITH
   12  THE TRIBAL RULES, CUSTOMS AND REGULATIONS OF THE MONTAUKETT INDIANS.
   13    S  173.  QUALIFICATIONS  FOR  OFFICE.  ALL  OFFICERS SHALL QUALIFY FOR
   14  OFFICE AND PERFORM THEIR RESPECTIVE DUTIES IN ACCORDANCE WITH THE TRIBAL
   15  RULES, CUSTOMS AND REGULATIONS OF THE MONTAUKETT INDIANS.
   16    S 2. This act shall take effect immediately.