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
              

                       [ ] is old law to be omitted.
                                                            LBD14536-01-8

 S. 7770                             2                            A. 9898
 
 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 after (a) completion of  a  review  by
 the  Secretary  of  State, as directed by the Governor, pursuant to Veto
 210 of 2013 and Veto 174 of 2017, and (b) submission of  an  affirmative
 written  determination  from  the  Secretary  of  State to the Assembly,
 Senate and  Governor  that  state  recognition  and  acknowledgement  is
 warranted;  provided  however,  that if the Secretary of State submits a
 negative determination on or before January 1, 2019, this act  shall  be
 deemed  repealed  upon January 1, 2019; and further provided that if the
 Secretary of State fails to submit any determination on or before  Janu-
 ary  1, 2019, this act shall take effect upon January 1, 2019; provided,
 further, that the Secretary of State shall notify the  legislative  bill
 drafting  commission  upon the occurrence of the enactment of the legis-
 lation provided for in sections one and two of this act  in  order  that
 the  commission  may maintain an accurate and timely effective data base
 of the official text of the laws of the state of New York in furtherance
 of effectuating the provisions of section 44 of the legislative law  and
 section 70-b of the public officers law.