New York S 3308: Provides for the continuation of express bus service to the south shore of Staten Island

Bill Text

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S03308 Summary:

BILL NOS03308 

&nbsp

SAME ASSAME AS A05295

&nbsp

SPONSORPALUMBO

&nbsp

COSPNSRADDABBO

&nbsp

MLTSPNSR

&nbsp

Amd §2, add Art 11 §§170 - 173, Indian L

&nbsp

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.

Go to top S03308 Actions:

BILL NOS03308 

&nbsp

01/24/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

05/28/20251ST REPORT CAL.1436

05/29/20252ND REPORT CAL.

06/04/2025ADVANCED TO THIRD READING 

06/05/2025SUBSTITUTED BY A5295

&nbspA05295 AMEND= Schiavoni

&nbsp02/12/2025referred to judiciary

&nbsp03/18/2025reported 

&nbsp03/20/2025advanced to third reading cal.66

&nbsp03/24/2025passed assembly

&nbsp03/24/2025delivered to senate

&nbsp03/24/2025REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

&nbsp06/05/2025SUBSTITUTED FOR S3308

&nbsp06/05/20253RD READING CAL.1436

&nbsp06/05/2025PASSED SENATE

&nbsp06/05/2025RETURNED TO ASSEMBLY

&nbsp12/08/2025delivered to governor

&nbsp12/19/2025vetoed memo.129

&nbsp12/19/2025tabled

Go to topS03308 Committee&nbspVotes:

Go to topS03308 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03308 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3308

 2025-2026 Regular Sessions

 IN SENATE

 January 24, 2025
 ___________

 Introduced by Sen. PALUMBO -- read twice and ordered printed, and when
 printed to be committed to the Committee on Investigations and Govern-
 ment Operations

 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

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07499-01-5

 S. 3308 2

 1 Indian tribe as "a body of Indians of the same or similar race, united
 2 in a community under one leadership or government, and inhabiting a
 3 particular though sometimes well-defined territory". The Montaukett
 4 Indian Nation also met this criteria.
 5 Further, at the time of Pharaoh v. Benson decision, the judicial
 6 branches of state and federal governments had no authority to determine
 7 the status of an Indian tribe. Only the U.S. Congress had such power. In
 8 1903, the U.S. Su