S T A T E   O F   N E W   Y O R K
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    S. 375--A                                              A. 202--A

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

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  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
  to  the Committee on Judiciary -- reported and referred to the Commit-
  tee on Rules -- Rules  Committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to the Committee on Rules

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:
  S 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.
  S  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02402-02-5
              

S. 375--A                           2                          A. 202--A

        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.
  S 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.
  S 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.
  S 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.
  S 3. This act shall take effect immediately.