Bill Text: NY A09898 | 2017-2018 | 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 1-0)

Status: (Introduced - Dead) 2018-06-13 - substituted by s7770 [A09898 Detail]

Download: New_York-2017-A09898-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
            S. 7770                                                  A. 9898
                SENATE - ASSEMBLY
                                    February 21, 2018
                                       ___________
        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.
    22  BENSON,  69 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App.
    23  Div. 51, affirmed 222 N.Y. 665 when the Montaukett Indians were declared
    24  to be extinct. In 1994, the State Supreme Court, in the case of BREAKERS
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14536-01-8
        S. 7770                             2                            A. 9898
     1  MOTEL, INC. V.  SUNBEACH MONTAUK TWO, INC., subsequently  described  the
     2  PHAROAH  case as being of "questionable propriety". It is the purpose of
     3  this act to correct this impropriety by granting state  recognition  and
     4  acknowledgment to the Montaukett Indians.
     5    §  171.  Leadership of Montaukett Indians; elections; terms of office.
     6  The Montaukett Indians shall have a chief or sachem, three tribal  trus-
     7  tees,  and  a tribal secretary. They shall be elected by a majority vote
     8  by ballot of the blood right members of the tribe eligible  to  vote  at
     9  the  annual  tribal  meeting  which  shall be held annually on the first
    10  Tuesday in April.  All officers shall hold office for a  period  of  one
    11  year.
    12    §  172. Qualifications of voters. No person shall vote at the election
    13  provided for in section one hundred seventy-one of this  article  unless
    14  such  person  is  at  least  eighteen years of age and is certified as a
    15  blood right member of the Montaukett Indians nation in  accordance  with
    16  the tribal rules, customs and regulations of the Montaukett Indians.
    17    §  173.  Qualifications  for  office.  All  officers shall qualify for
    18  office and perform their respective duties in accordance with the tribal
    19  rules, customs and regulations of the Montaukett Indians.
    20    § 3. This act shall take effect after (a) completion of  a  review  by
    21  the  Secretary  of  State, as directed by the Governor, pursuant to Veto
    22  210 of 2013 and Veto 174 of 2017, and (b) submission of  an  affirmative
    23  written  determination  from  the  Secretary  of  State to the Assembly,
    24  Senate and  Governor  that  state  recognition  and  acknowledgement  is
    25  warranted;  provided  however,  that if the Secretary of State submits a
    26  negative determination on or before January 1, 2019, this act  shall  be
    27  deemed  repealed  upon January 1, 2019; and further provided that if the
    28  Secretary of State fails to submit any determination on or before  Janu-
    29  ary  1, 2019, this act shall take effect upon January 1, 2019; provided,
    30  further, that the Secretary of State shall notify the  legislative  bill
    31  drafting  commission  upon the occurrence of the enactment of the legis-
    32  lation provided for in sections one and two of this act  in  order  that
    33  the  commission  may maintain an accurate and timely effective data base
    34  of the official text of the laws of the state of New York in furtherance
    35  of effectuating the provisions of section 44 of the legislative law  and
    36  section 70-b of the public officers law.