What's happening
This bill restores state recognition and acknowledgment of the Montaukett Indians as an official New York Indian nation.
Why it matters
Restores state recognition for the Montaukett Indians. , reversing a 1910 court decision that declared the tribe extinct and correcting what the bill describes as a historical injustice.
Establishes a formal tribal governance structure. , specifying that the Montaukett Indians will elect a chief/sachem, three tribal trustees, and a tribal secretary, with all positions filled annually by majority vote among eligible tribal members.
Defines eligibility and voting rights for tribal leadership. , restricting voting and office-holding to “blood right” members of the tribe who are at least 18 years old, and requiring that all such processes follow Montaukett tribal rules and customs.
Potentially impacts access to state resources and cultural preservation. , as state recognition can affect eligibility for certain programs, legal standing in state matters, and the ability to assert land or cultural claims.
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
Montaukett Indians
The bill would restore state recognition and acknowledgment and add the Montaukett Indians to the Indian law’s list of New York Indian nations and tribes.
Montaukett tribal voters
Members certified as blood right members under tribal rules who are at least 18 would elect tribal officers by majority vote at an annual meeting on the first Tuesday in April.
Montaukett tribal leaders and candidates
The bill would establish a chief or sachem, three tribal trustees and a tribal secretary, each serving a one-year term and qualifying and performing duties under tribal rules, customs and regulations.
Headline styles
Recognize Montaukett Indians
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to rules
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.331
- Reported
- Referred to judiciary
- 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 Statewide
In Senate Committee · Investigations And Government Operations · Sponsor Kenneth P. LaValle
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3691 A. 5411
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 12, 2019
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.
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 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.