S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4069
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced  by  M. of A. THIELE, WALKER -- 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
 MOTEL,  INC. V.   SUNBEACH MONTAUK TWO, INC., SUBSEQUENTLY DESCRIBED THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05710-01-1

 A. 4069                             2
 
 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.