A05295 Summary:

BILL NOA05295
 
SAME ASSAME AS S03308
 
SPONSORSchiavoni
 
COSPNSR
 
MLTSPNSR
 
Amd §2, add Art 11 §§170 - 173, Indian L
 
Provides for the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation; provides that the Montaukett Indian nation shall have a chief or sachem, three tribal trustees and a tribal secretary; provides for the qualification of voters; makes related provisions.
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A05295 Actions:

BILL NOA05295
 
02/12/2025referred to judiciary
03/18/2025reported
03/20/2025advanced to third reading cal.66
03/24/2025passed assembly
03/24/2025delivered to senate
03/24/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/05/2025SUBSTITUTED FOR S3308
06/05/20253RD READING CAL.1436
06/05/2025PASSED SENATE
06/05/2025RETURNED TO ASSEMBLY
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A05295 Committee Votes:

JUDICIARY Chair:Lavine DATE:03/18/2025AYE/NAY:21/0 Action: Favorable
LavineAyeTannousisAye
WeprinAyeWalshAye
BraunsteinAyeBrownAye
SteckAyeMikulinAye
SeawrightAyeSmithAye
WalkerAyeMolitorAye
McMahonAye
MitaynesAye
RajkumarAye
SimonAye
SayeghAye
LunsfordAye
BergerAye
ShimskyAye
CarrollAye

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A05295 Floor Votes:

DATE:03/24/2025Assembly Vote  YEA/NAY: 147/0
Yes
Alvarez
Yes
Carroll P
Yes
Friend
Yes
Lee
Yes
Peoples-Stokes
Yes
Slater
Yes
Anderson
Yes
Carroll RC
Yes
Gallagher
ER
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Angelino
Yes
Chandler-Waterm
Yes
Gallahan
Yes
Levenberg
Yes
Pirozzolo
Yes
Smullen
Yes
Bailey
Yes
Chang
Yes
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Chludzinski
Yes
Gibbs
Yes
Lunsford
Yes
Ra
Yes
Steck
Yes
Barrett
Yes
Clark
Yes
Giglio
Yes
Lupardo
Yes
Raga
Yes
Stern
Yes
Beephan
Yes
Colton
Yes
Glick
Yes
Magnarelli
Yes
Rajkumar
Yes
Stirpe
Yes
Bendett
Yes
Conrad
Yes
Gonzalez-Rojas
Yes
Maher
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
Cook
Yes
Gray
Yes
Mamdani
Yes
Reilly
ER
Tannousis
Yes
Berger
Yes
Cruz
Yes
Griffin
Yes
Manktelow
Yes
Reyes
Yes
Tapia
Yes ‡
Bichotte Hermel
Yes
Cunningham
Yes
Hawley
Yes
McDonald
Yes
Rivera
Yes
Taylor
Yes
Blankenbush
Yes
Dais
Yes
Hevesi
Yes ‡
McDonough
Yes
Romero
Yes
Torres
Yes
Blumencranz
Yes
Davila
Yes
Hooks
Yes
McMahon
Yes
Rosenthal
Yes
Valdez
Yes ‡
Bologna
Yes
De Los Santos
Yes
Hunter
Yes
Meeks
Yes
Rozic
Yes
Vanel
Yes
Bores
Yes
DeStefano
Yes
Hyndman
Yes
Mikulin
Yes
Santabarbara
Yes
Walker
Yes
Brabenec
Yes
Dilan
Yes
Jackson
Yes
Miller
Yes
Sayegh
Yes
Walsh
Yes
Braunstein
Yes
Dinowitz
Yes
Jacobson
ER
Mitaynes
Yes
Schiavoni
Yes
Weprin
Yes
Bronson
Yes ‡
DiPietro
Yes
Jensen
Yes
Molitor
Yes
Seawright
Yes
Wieder
Yes
Brook-Krasny
Yes
Durso
Yes
Jones
Yes
Morinello
Yes
Sempolinski
Yes
Williams
Yes
Brown EA
Yes
Eachus
Yes
Kassay
Yes
Norber
Yes
Septimo
Yes
Woerner
Yes
Brown K
Yes
Eichenstein
Yes
Kay
Yes
Novakhov
Yes
Shimsky
Yes
Wright
Yes
Burdick
Yes
Epstein
Yes ‡
Kelles
Yes
O'Pharrow
Yes
Shrestha
Yes
Yeger
Yes
Burke
Yes
Fall
Yes
Kim
Yes
Otis
Yes
Simon
Yes
Zaccaro
Yes
Burroughs
Yes
Fitzpatrick
Yes
Lasher
Yes
Palmesano
Yes
Simone
Yes
Zinerman
Yes ‡
Buttenschon
Yes
Forrest
Yes
Lavine
Yes
Paulin
Yes
Simpson
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A05295 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5295
 
SPONSOR: Schiavoni
  TITLE OF BILL: An act to amend the Indian law, in relation to the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation   PURPOSE: Relates to the reinstatement of state recognition and acknowledgement of the Montaukett Indian Nation. It provides for the leadership of the Montaukett Indian Nation; qualification of voters and office.   SUMMARY OF SPECIFIC PROVISIONS: Section 1. Legislative Findings Section 2. Amends Section 2 of the Indian Law to add the Montaukett Indian Nation to the list of New York State Indian Nations and Tribes Section 3. Amends the Indian Law by adding a new Article 11 - "The Montaukett Indian Nation" Section 4. Provides for an immediate effective date   JUSTIFICATION: The Montaukett Indian Nation seeks reinstatement of its recognition and acknowledgment by the state of New York. Such recognition and acknowl- edgment was improperly removed from the Montaukett Indian Nation in 1910 in the case of Pharaoh v. Benson,69 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App. Div. 51, affirmed 222 N.Y. 665, when the Montaukett Indian Nation was declared to be "extinct". The court ruled that "the tribe has disintegrated and been absorbed into the mass of citizens and at the time of commencement of this action there was no tribe of Montaukett Indians". This arbitrary ruling ignored earlier U.S. Supreme Court decisions defining Indian Nations according to criteria under which the Montaukett Indian Nation qualified as an existing sovereign tribe and giving Congress, rather than the courts, power to decide the status of an Indian. In the first of these U.S. Supreme Court decisions, United States v. Roger, 45 U.S. 567 (1848), the court ruled that the primary criteria for Indian identity was evidence that an Indian had to have some genealogi- cal connection with a recognized group that had existed before the arrival of the European white explorers, traders, and settlers. Verified evidence demonstrates that the Montaukett Indian Nation existed prior to the Doctrine of Discovery and, as a sovereign tribe, ruled from the end of the Island to what is today the town of Hempstead. Subsequently, a decade before the Montaukett decision, in Montoya v. U.S., 180 U.S. 261 (1901), the U.S. Supreme Court further defined an Indian tribe as "a body of Indians of the same or similar race, united in a community under one leadership or government, and inhabiting a particular though sometimes well-defined territory". The Montaukett Indian Nation also met this criteria. Further, at the time of Pharaoh v. Benson decision, the judicial branch- es of state and federal governments had no authority to determine the status of an Indian tribe. Only the U.S. Congress had such power. In 1903, the U.S. Supreme Court ruled in the United States v. Rickert, 188 U.S. 432 (1903) that only Congress can determine when changes in customs are sufficient to invalidate tribal status. The U.S. Supreme Court also ruled in Butts v. Northern Pacific Rail Road (1911), that neither the lapse of time, allotment of a portion of the tribal lands in severalty, immigration of a majority of the tribe, nor the fact that the habits and customs of the tribe have changed by inter- course with whites authorize the courts to disregard tribal status. That same year, the U.S. Supreme Court again spoke to the question of judicial authority in cases involving tribal existence, holding in Tiger v. Western Investment Company, 221 U.S. 286 (1911) that only the U.S. Congress had the authority to determine changes in tribal status. 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", a recognition by the State Supreme Court that the decision removing recognition and acknowledgment from the Montaukett Indian Nation was dubious. This legislature finds that in Pharaoh v. Benson, the Court improperly ignored U.S. Supreme Court precedent and lacked jurisdiction to judge the status of the Montaukett Indian Nation. It is the purpose of this legislation to reverse this improper and illegal result by the rein statement of acknowledgment and recognition by the State of New York to the Montaukett Indian Nation.   LEGISLATIVE HISTORY: 2024: A.9124/S.8550 Veto 120 of 2024 2023: A.6919/S.6721 Veto 61 of 2023 2021-22: A.4069/S.6889 Veto 110 of 2022 2019-20: A.5411/S.3691 2018: A.9898/S.7770 Veto 360 of 2018 2017: A.2325/S.3006 Veto 174 of 2017 2015-16: A.202A/S.375A 2014: A.9704/S.7619   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A05295 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5295
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 12, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the Indian law, in  relation  to  the  reinstatement  of
          state recognition and acknowledgement of the Montaukett Indian Nation
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The Montaukett  Indian  Nation  seeks
     2  reinstatement  of its recognition and acknowledgment by the state of New
     3  York. Such recognition and acknowledgment was  improperly  removed  from
     4  the  Montaukett  Indian Nation in 1910 in the case of Pharaoh v. Benson,
     5  69 Misc. Rep. 241(Supreme, Suffolk Co., 1910) affirmed 164 App. Div. 51,
     6  affirmed 222 N.Y. 665, when the Montaukett Indian Nation was declared to
     7  be "extinct".
     8    The court ruled that "the tribe has disintegrated  and  been  absorbed
     9  into the mass of citizens and at the time of commencement of this action
    10  there  was  no  tribe  of  Montaukett  Indians". This   arbitrary ruling
    11  ignored earlier U.S. Supreme Court  decisions  defining  Indian  Nations
    12  according to criteria under which the Montaukett Indian Nation qualified
    13  as  an  existing  sovereign  tribe  and giving Congress, rather than the
    14  courts, power to decide the status of an Indian.
    15    In the first of these U.S. Supreme Court decisions, United  States  v.
    16  Roger, 45 U.S. 567 (1848), the court ruled that the primary criteria for
    17  Indian  identity was evidence that an Indian had to have some genealogi-
    18  cal connection with a recognized  group  that  had  existed  before  the
    19  arrival  of  the European white explorers, traders, and settlers.  Veri-
    20  fied evidence demonstrates that the  Montaukett  Indian  Nation  existed
    21  prior to the Doctrine of Discovery and, as a sovereign tribe, ruled from
    22  the end of the Island to what is today the town of Hempstead.
    23    Subsequently,  a  decade before the Montaukett decision, in Montoya v.
    24  U.S., 180 U.S. 261 (1901), the U.S. Supreme  Court  further  defined  an
    25  Indian  tribe  as "a body of Indians of the same or similar race, united
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07499-01-5

        A. 5295                             2
 
     1  in a community under one leadership  or  government,  and  inhabiting  a
     2  particular  though  sometimes  well-defined  territory".  The Montaukett
     3  Indian Nation also met this criteria.
     4    Further,  at  the  time  of  Pharaoh  v. Benson decision, the judicial
     5  branches of state and federal governments had no authority to  determine
     6  the status of an Indian tribe. Only the U.S. Congress had such power. In
     7  1903, the U.S. Supreme Court ruled in the United States v.  Rickert, 188
     8  U.S. 432 (1903) that only Congress can determine when changes in customs
     9  are sufficient to invalidate tribal status.
    10    The  U.S.  Supreme Court also ruled in Butts v. Northern Pacific Rail-
    11  road (1911), that neither the lapse of time, allotment of a  portion  of
    12  the  tribal  lands in severalty, immigration of a majority of the tribe,
    13  nor the fact that the habits and customs of the tribe  have  changed  by
    14  intercourse with whites authorize the courts to disregard tribal status.
    15  That  same  year, the U.S.  Supreme Court again spoke to the question of
    16  judicial authority in cases involving tribal existence, holding in Tiger
    17  v. Western Investment Company, 221 U.S. 286 (1911) that  only  the  U.S.
    18  Congress had the authority to determine changes in tribal status.
    19    In  1994, the State Supreme Court, in the case of Breakers Motel, Inc.
    20  v. Sunbeach Montauk Two, Inc., subsequently described the  Pharaoh  case
    21  as being of "questionable propriety", a recognition by the State Supreme
    22  Court that the decision removing recognition and acknowledgment from the
    23  Montaukett Indian Nation was dubious.
    24    This legislature finds that in Pharaoh v. Benson, the Court improperly
    25  ignored  U.S.  Supreme  Court precedent and lacked jurisdiction to judge
    26  the status of the Montaukett Indian Nation. It is the  purpose  of  this
    27  legislation  to  reverse  this  improper and illegal result by the rein-
    28  statement of acknowledgment and recognition by the State of New York  to
    29  the Montaukett Indian Nation.
    30    §  2. Section 2 of the Indian law, as added by chapter 174 of the laws
    31  of 2013, is amended to read as follows:
    32    § 2. New York state Indian nations and tribes. The term "Indian nation
    33  or tribe" means one of the following New York state  Indian  nations  or
    34  tribes: Cayuga Nation, Oneida Nation of New York, Onondaga Nation, Poos-
    35  patuck  or Unkechauge Nation, Saint Regis Mohawk Tribe, Seneca Nation of
    36  Indians,  Shinnecock  Indian  Nation,  Tonawanda  Band  of  Seneca,  the
    37  Montaukett Indian Nation, and Tuscarora Nation.
    38    §  3.  The Indian law is amended by adding a new article 11 to read as
    39  follows:
    40                                 ARTICLE 11
    41                        THE MONTAUKETT INDIAN NATION
    42  Section 170. Reinstatement of state recognition and acknowledgment.
    43          171. Leadership of Montaukett Indian Nation; elections; terms of
    44                 office.
    45          172. Qualifications of voters.
    46          173. Qualifications for office.
    47    § 170. Reinstatement of state recognition and acknowledgment. Recogni-
    48  tion and acknowledgement of the Montaukett Indian Nation by the state of
    49  New York is hereby reinstated.
    50    § 171. Leadership of Montaukett Indian  Nation;  elections;  terms  of
    51  office.  In  accordance  with  the  tribal governance rules, customs and
    52  regulations of the Montaukett Indian Nation,  a  sovereign  nation,  the
    53  tribe  shall have a chief or sachem, three tribal trustees, and a tribal
    54  secretary. The trustees shall be elected by a majority vote by ballot of
    55  lineal members of the nation eligible to vote at an annual tribal  meet-

        A. 5295                             3

     1  ing  which  shall  be  held on the first Tuesday in April.  All officers
     2  shall hold office for a period of two years.
     3    §  172. Qualifications of voters. No person shall vote at the election
     4  provided for in section one hundred seventy-one of this  article  unless
     5  such  person  is  at  least  eighteen years of age and is certified as a
     6  lineal member of the Montaukett Indian Nation  in  accordance  with  the
     7  nation's governance rules, customs and regulations.
     8    §  173.  Qualifications  for  office.  All  officers shall qualify for
     9  office and perform their respective duties in accordance with the gover-
    10  nance rules, customs and regulations of the Montaukett Indian Nation.
    11    § 4. This act shall take effect immediately.
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