What's happening
This bill restores state recognition and acknowledgment of the Montaukett Indians, establishing their leadership structure and voter qualifications.
Why it matters
Restores cultural and legal identity. By officially recognizing the Montaukett Indians, the bill seeks to correct a historical injustice from 1910, when the state declared the tribe extinct, thus restoring their right to self-identify and be acknowledged as a distinct Native nation in New York.
Enables self-governance and leadership. The legislation provides a framework for the Montaukett to elect their own chief (or sachem), trustees, and secretary through annual elections, affirming tribal sovereignty and supporting the revival or continuation of traditional leadership structures.
Establishes clear membership and voting criteria. Only “blood right” members aged 18 or older—verified according to Montaukett tribal customs and regulations—can vote or run for office, emphasizing the tribe's authority to define its own membership and governance rules.
Conditions for enactment reflect state oversight and recognition process. The bill’s effectiveness depends on a review and affirmative determination by the Secretary of State, meaning state recognition is not automatic and is subject to further administrative review, highlighting the complex relationship between tribal nations and state government.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Recognize Montaukett Indians
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S7770
- Advanced to third reading cal.886
- Reported
- 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.
Recognize Montaukett Indians
Vetoed · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 7770 A. 9898
SENATE - ASSEMBLY
February 21, 2018
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.
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 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 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 January 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 legislation 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.
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.