NY State Senate Bill 2017-S7770

Senate Bill S7770

Vetoed By Governor

2017-2018 Legislative Session

Relates to the state recognition and acknowledgement of the Montaukett Indians

download bill text pdf

Archive: Last Bill Status - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 28, 2018	vetoed memo.360
Dec 18, 2018	delivered to governor
Jun 13, 2018	returned to senate passed assembly ordered to third reading cal.886 substituted for a9898
Jun 06, 2018	referred to judiciary delivered to assembly passed senate ordered to third reading cal.1581
Jun 05, 2018	committee discharged and committed to rules
Feb 21, 2018	referred to investigations and government operations

Votes

- Jun 6, 2018 - Floor Vote
  S7770
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 6, 2018
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (2)
      
      Amedore
      
      Croci
  Jun 5, 2018 - Rules Committee Vote
  S7770
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2018
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Gianaris

2017-S7770 (ACTIVE) - Details

See Assembly Version of this Bill:: A9898
Law Section:: Indian Law
Laws Affected:: Amd §2, add Art 11 §§170 - 173, Indian L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S3691, A5411
2021-2022: S6889, A4069
2023-2024: S6721, S8550, A6919, A9124

2017-S7770 (ACTIVE) - Summary

Provides for state recognition and acknowledgement of the Montaukett Indians; provides that the Montaukett Indians shall have a chief or sachem, three tribal trustees and a tribal secretary; further provides for the qualification of voters; makes related provisions.

2017-S7770 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7770

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the Indian law, in relation to the
state recognition and acknowledgement of the Montaukett Indians

 
PURPOSE:

To provide State recognition and acknowledgement of the Montaukett Indi-
ans.

 
SUMMARY OF PROVISIONS:

Section 1. Amends section 2 of the Indian law to include the Montaukett
Indians within the term "Indian nation or tribe" in New York.

Section 2. Amends the Indian Law by adding a new Article 11 relating to
the State recognition and acknowledgement of the Montaukett Indians.

Section 3. Provides for the effective date of this act.

 
JUSTIFICATION:

The Native American Montaukett Tribe has a long, culturally rich history
on the East End of Long Island. The Montaukett Indians had been formally
recognized by the State of New York, until their acknowledgement was
questionably removed from in 1910 in the land claim case of  
PHARAOH 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.  This case was subsequently described in a 1994
State Supreme Court case,  
BREAKERS MOTEL, INC. V. SUNBEACH MONTAUK TWO,
INC., as being of "questionable propriety".

Historically, the New York State Legislature has granted recognition or
acknowledgment to Indian nations and tribes in the State of New York by
an act of the Legislature. Just as Chapter 31 of the Laws of 1909 and
Chapter 39 of the Laws of 1978 established Article 9 and Article 10 of
the Indian Law that include two other eastern Long Island Indian
Nations, the Shinnecock and Poospatuck (Unkechauge), respectively.

In 2013, the Governor vetoed a measure passed by the Legislature that
would have established criteria for considering the request of the
Montauketts to be acknowledged by the State. Veto  210 of 2013 included
a directive by the Governor to the Department of State (DOS) to move
forward with an analysis to determine if State recognition of the
Montaukett Indians is warranted.

Four years later in 2017 and still no determination by DOS in this
regard, the Legislature again passed legislation to provide State recog-
nition and acknowledgement of the Montaukett Indians. The Governor went
on to issue another veto on this initiative stating that analysis is
still ongoing and directed the Department to "continue to proactively
communicate with the Montaukett Indian tribe, as well as any interested
parties, to obtain all relevant information necessary to complete the
review in a timely manner."

It has now been well over a century since the courts of New York State
declared that the Montaukett Indians no longer existed. This misdeed has
been perpetuated over all these years despite the fact that the members
of this sovereign Indian nation have continued to live in our community,
maintain their culture, and govern themselves. This legislation adds a
new Article 11 relating to the Montaukett Indians that provides for
their State acknowledgement; leadership, elections and terms of office;
qualification of voters; and qualifications for office.

 
LEGISLATIVE HISTORY:

2017:S.3006/A.2325 - Veto  174 of 2017
2015-16: S.375A/A.202A;
2014:S.7619/A.9704

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
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 Secre-
tary of State fails to submit any determination on or before January 1,
2019, this act shall take effect upon January 1, 2019.

2017-S7770 (ACTIVE) - Bill Text download pdf

                            
 
                     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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.