S T A T E O F N E W Y O R K
________________________________________________________________________
S. 3691 A. 5411
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
February 12, 2019
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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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09550-01-9
S. 3691 2 A. 5411
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
MOTEL, INC. V. SUNBEACH MONTAUK TWO, INC., SUBSEQUENTLY DESCRIBED THE
PHAROAH CASE AS BEING OF "QUESTIONABLE PROPRIETY". IT IS THE PURPOSE OF
THIS ACT TO CORRECT THIS IMPROPRIETY BY GRANTING STATE RECOGNITION AND
ACKNOWLEDGMENT TO THE MONTAUKETT INDIANS.
§ 171. LEADERSHIP OF MONTAUKETT INDIANS; ELECTIONS; TERMS OF OFFICE.
THE MONTAUKETT INDIANS SHALL HAVE A CHIEF OR SACHEM, THREE TRIBAL TRUS-
TEES, AND A TRIBAL SECRETARY. THEY SHALL BE ELECTED BY A MAJORITY VOTE
BY BALLOT OF THE BLOOD RIGHT MEMBERS OF THE TRIBE ELIGIBLE TO VOTE AT
THE ANNUAL TRIBAL MEETING WHICH SHALL BE HELD ANNUALLY ON THE FIRST
TUESDAY IN APRIL. ALL OFFICERS SHALL HOLD OFFICE FOR A PERIOD OF ONE
YEAR.
§ 172. QUALIFICATIONS OF VOTERS. NO PERSON SHALL VOTE AT THE ELECTION
PROVIDED FOR IN SECTION ONE HUNDRED SEVENTY-ONE OF THIS ARTICLE UNLESS
SUCH PERSON IS AT LEAST EIGHTEEN YEARS OF AGE AND IS CERTIFIED AS A
BLOOD RIGHT MEMBER OF THE MONTAUKETT INDIANS NATION IN ACCORDANCE WITH
THE TRIBAL RULES, CUSTOMS AND REGULATIONS OF THE MONTAUKETT INDIANS.
§ 173. QUALIFICATIONS FOR OFFICE. ALL OFFICERS SHALL QUALIFY FOR
OFFICE AND PERFORM THEIR RESPECTIVE DUTIES IN ACCORDANCE WITH THE TRIBAL
RULES, CUSTOMS AND REGULATIONS OF THE MONTAUKETT INDIANS.
§ 3. This act shall take effect immediately.