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