Assembly Bill A9704

2013-2014 Legislative Session

Provides for the state recognition and acknowledgment of the Montaukett Indians

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Archive: Last Bill Status - In Assembly Committee

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

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2013-A9704 (ACTIVE) - Details

See Senate Version of this Bill:
S7619
Current Committee:
Assembly Judiciary
Law Section:
Indian Law
Laws Affected:
Add Art 11 ยงยง170 - 173, Indian L
Versions Introduced in Other Legislative Sessions:
2015-2016: A202, S375
2017-2018: A2325, S3006

2013-A9704 (ACTIVE) - Summary

Provides for the state recognition and acknowledgment of the Montaukett Indians.

2013-A9704 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. 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.

  S 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
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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15075-01-4

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