Assembly Bill A9898

Vetoed By Governor
2017-2018 Legislative Session

Relates to the state recognition and acknowledgement of the Montaukett Indians

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7770 - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2017-A9898 (ACTIVE) - Details

See Senate Version of this Bill:
S7770
Law Section:
Indian Law
Laws Affected:
Amd §2, add Art 11 §§170 - 173, Indian L
Versions Introduced in Other Legislative Sessions:
2019-2020: A5411, S3691
2021-2022: A4069, S6889
2023-2024: A6919, A9124, S6721, S8550

2017-A9898 (ACTIVE) - Summary

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.

2017-A9898 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7770                                                  A. 9898
 
                       S E N A T E - A S S E M B L Y
 
                             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:
 
   Section 1. Section 2 of the Indian law, as added by chapter 174 of the
 laws of 2013, is amended to read as follows:
   § 2. New York state Indian nations and tribes. The term "Indian nation
 or tribe" means one of the following New York state  Indian  nations  or
 tribes: Cayuga Nation, Oneida Nation of New York, Onondaga Nation, Poos-
 patuck  or Unkechauge Nation, Saint Regis Mohawk Tribe, Seneca Nation of
 Indians,  Shinnecock  Indian  Nation,  Tonawanda  Band  of  Seneca,  THE
 MONTAUKETT INDIANS, and Tuscarora Nation.
   §  2.  The Indian law is amended by adding a new article 11 to read as
 follows:
                                ARTICLE 11
                          THE MONTAUKETT INDIANS
 SECTION 170. STATE RECOGNITION AND ACKNOWLEDGMENT.
         171. LEADERSHIP  OF  MONTAUKETT  INDIANS;  ELECTIONS;  TERMS  OF
                OFFICE.
         172. QUALIFICATIONS OF VOTERS.
         173. QUALIFICATIONS FOR OFFICE.
   SECTION  170.  STATE  RECOGNITION  AND  ACKNOWLEDGMENT. THE MONTAUKETT
 INDIANS SEEK TO RESTORE THEIR  ACKNOWLEDGMENT  AND  RECOGNITION  BY  THE
 STATE  OF  NEW  YORK. SUCH RECOGNITION AND ACKNOWLEDGMENT WAS IMPROPERLY
 REMOVED FROM THE MONTAUKETT INDIANS IN 1910 IN THE CASE  OF  PHAROAH  V.
 BENSON,  69 MISC. REP. 241(SUPREME, SUFFOLK CO., 1910) AFFIRMED 164 APP.
 DIV. 51, AFFIRMED 222 N.Y. 665 WHEN THE MONTAUKETT INDIANS WERE DECLARED
 TO BE EXTINCT. IN 1994, THE STATE SUPREME COURT, IN THE CASE OF BREAKERS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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