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A2325Assembly2017-2018 SessionSame asS3006

Recognize Montaukett Indians Officially

Official title

“Provides for the state recognition and acknowledgment of the Montaukett Indians”

Sponsor Fred ThieleAD-1Affects Legal
Status
Vetoed
Impact
4/10
Low
Outcome
Vetoed

Bill progress

Vetoed

What's happening

This bill grants state recognition and acknowledgment to the Montaukett Indians and establishes rules for their leadership and elections.

Why it matters

  1. Restores State Recognition. This bill reverses a 1910 court decision that declared the Montaukett Indians extinct, officially restoring their legal recognition by New York State, which may impact their access to state resources, cultural preservation, and legal standing.

  2. Self-Governance Affirmed. By outlining a structure for leadership and elections, the bill empowers the Montaukett Indians to govern themselves according to their own rules and traditions, promoting tribal autonomy and self-determination.

  3. Eligibility and Participation Defined. The bill restricts voting and candidacy in tribal elections to those certified as “blood right members” over 18, ensuring that decisions about tribal leadership and representation are made by those with recognized ancestral ties, which could influence membership disputes and community cohesion.

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Who cares

Headline styles

Recognize Montaukett Indians Officially

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Fred Thiele

Assembly Member · Assembly District 1

No co-sponsors yet.

History

  1. Tabled
  2. Vetoed memo.174
  3. Delivered to governor
  4. Returned to assembly
  5. Passed senateVote 62–0
  6. Ordered to third reading cal.2232
  7. Delivered to senate
  8. Passed assembly
  9. Ordered to third reading rules cal.281
  10. Rules report cal.281
  11. Reported
  12. Reported referred to rules
Show 1 earlier action
  1. Referred to judiciary

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S3006Senate

Recognize Montaukett Indian Tribe

In Senate Committee · Finance · Sponsor Kenneth P. LaValle

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

S. 3006 A. 2325

2017-2018 Regular Sessions

SENATE - ASSEMBLY

January 18, 2017

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations 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 Assembly, 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, Poospatuck 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.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07146-01-7

S. 3006 2 A. 2325

§ 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.

§ 171. Leadership of Montaukett Indians; elections; terms of office. The Montaukett Indians shall have a chief or sachem, three tribal trustees, 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.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.