What's happening
This bill grants state recognition and acknowledgment to the Montaukett Indians and establishes rules for their tribal leadership and elections.
Why it matters
Restores state recognition. The bill seeks to formally reverse the 1910 court decision (PHAROAH V. BENSON) that declared the Montaukett Indians extinct, correcting what is now considered a legal and historical injustice.
Empowers tribal self-governance. By establishing official procedures for electing tribal leadership and specifying that these positions be filled according to tribal customs and rules, the bill gives the Montaukett Indians greater authority to manage their own affairs.
Defines tribal membership and voting rights. Only individuals certified as "blood right" members and at least 18 years old can vote in tribal elections, meaning tribal identity and participation will be governed according to Montaukett traditions rather than external definitions.
Lays groundwork for future claims and rights. State recognition could have significant implications for the Montaukett in areas such as land rights, cultural preservation, and eligibility for certain state programs, even though federal recognition is not addressed by this bill.
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Who cares
Headline styles
Recognize Montaukett Indian Tribe
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to investigations and government operations
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 Officially
Vetoed · Sponsor Fred Thiele
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.
Sponsor's memo
Title of bill
An act to amend the Indian law, in relation to the state recognition and acknowledgement of the Montaukett Indians
Purpose
Provides for the State recognition and acknowledgement of the Montaukett Indians.
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
Justification
The Montaukett Indians seek to restore their acknowledgement and recognition by the State of New York which was improperly removed from the Montaukett Indians in 1910 in the case of Pharaoh v. Bensen, 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 Pharaoh case as being of "questionable propriety". It is the purpose of this act to correct this impropriety by granting State recognition and acknowledgement to the Montaukett Indians.
Legislative history
2015-16 S.375A1A.202A; 2014 S.7619/A.9704
Fiscal implications
None to the State.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.