NY State Senate Bill 2019-S3691

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to investigations and government operations
Feb 12, 2019	referred to investigations and government operations

2019-S3691 (ACTIVE) - Details

See Assembly Version of this Bill:: A5411
Current Committee:: Senate Investigations And Government Operations
Law Section:: Indian Law
Laws Affected:: Amd §2, add Art 11 §§170 - 173, Indian L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7770, A9898
2021-2022: S6889, A4069
2023-2024: S6721, S8550, A6919, A9124

2019-S3691 (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.

2019-S3691 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3691

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 and still no determination by DOS in this regard, the
Legislature passed legislation in 2017 to provide State recognition and
acknowledgement of the Montaukett Indians. The Governor went on to issue
another veto stating that analysis was 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." Again
in 2018, the Governor vetoed this initiative as the DOS was still
receiving supporting documentation from the interested groups and wanted
to "allow the administrative process to take its due course."


It has 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. It is time for the DOS
conclude their analysis and favorably recommend that this long-overdue
legislation become a State law.

 
LEGISLATIVE HISTORY:

2018:S.7770/A.9898 - Veto  360 of 2018
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 immediately.

2019-S3691 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3691                                                  A. 5411
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09550-01-9

 S. 3691                             2                            A. 5411
 
 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.
   § 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.

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Senate Bill S3691

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2019-S3691 (ACTIVE) - Details

2019-S3691 (ACTIVE) - Summary

2019-S3691 (ACTIVE) - Sponsor Memo

2019-S3691 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3691

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

2019-S3691 (ACTIVE) - Details

2019-S3691 (ACTIVE) - Summary

2019-S3691 (ACTIVE) - Sponsor Memo

2019-S3691 (ACTIVE) - Bill Text download pdf

Comments