Assembly Bill A283

2009-2010 Legislative Session

Removes the Poospatuck Indian Reservation from being recognized as an Indian Tribe in New York State; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to judiciary
Jan 16, 2009	reference changed to judiciary
Jan 07, 2009	referred to governmental operations

2009-A283 (ACTIVE) - Details

Current Committee:: Assembly Judiciary
Law Section:: Indian Law
Laws Affected:: Rpld Art 10, Indian L; amd §§111, 121 & 124, State L; amd §§282, 470 & 1116, Tax L; amd §11-0715, En Con L; amd §11-2051, NYC Ad Cd

2009-A283 (ACTIVE) - Summary

Removes the Poospatuck Indian Reservation from being recognized as an Indian Tribe in New York State.

2009-A283 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A283

TITLE OF BILL:  An act to repeal article 10 of the Indian law, relating
to the Poospatuck Indian Nation; and to amend the state law, the tax
law, the environmental conservation law and the administrative code of
the city of New York, in relation thereto

PURPOSE OR GENERAL IDEA OF BILL: To remove the Poospatuck Indian Reser-
vation from being recognized as an Indian Tribe in New York State.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. Article 10 of the Indian Law
is repealed. Subdivision 1 of section III of the state law, as added by
chapter 86 of the laws of 2002, is amended to remove the first district
of the Poospatuck Indian Tribe from New York.  Subdivision 3 of section
121 of the state law, as added by chapter 35 of the laws of 2002 is
amended to remove the second district of the Poospatuck Indian Tribe.
Subdivision 1 of section 124 of the state law, as added by chapter 35 of
the laws of 2002, is amended to remove the Poospatuck Indian Reservation
in the First District. Subdivision 18 and paragraph ¸ of subdivision 20
of section 282 of the tax law, as added by section 3 of park K of chap-
ter 61 of the laws of 2005, are amended to remove the Poospatuck Indian
Tribe. Subdivision 14 and paragraph¸ of subdivision 16 of section 470 of
the tax law, as added by section 1 of park K of chapter 61 of the laws
of 2005, are amended to remove the Poospatuck Indian Reservation. Para-
graph 6 of subdivision (a) of section 1116 of the tax law, as amended by
chapter 530 of the laws of 1976, is amended to remove the Poospatuck

Indian Nation. Subdivision 2 of section 11-0715 of the environmental
conservation law, as amended by chapter 418 o f the laws of 2004, is
amended to remove the Poospatuck Indian Tribe.  Paragraph 6 of subdivi-
sion (a) of section 11-2051 of the administrative code of the city of
New York, as amended by chapter 330 of the laws of 1985, is amended to
remove the Poospatuck Indian Nation.

JUSTIFICATION: This legislation is being introduced in response to a New
York Times investigation of the Poospatuck Indian tribe, which seems to
be nothing more than a criminal enterprise. New York State is cheated
out of millions of dollars in tax revenues. The article, "Suits Claim
Wide Reach of Cigarettes from Tribes" (10/2/2008), details how the Poos-
patuck Indian reservation on eastern Long Island is largely responsible
for supplying a substantial percentage of illegally sold cigarettes to
the bootleg distribution network in New York City. The Poospatuck tribe,
which has not received official recognition from the federal Bureau of
Indian Affairs, has set up various locations on their reservation - -
sometimes amounting to little more than signs on sheds or trees - - to
support a bootlegging operation for tax-free cigarettes in NYC.

This criminal enterprise is situated on the 52-acre Poospatuck reserva-
tion, near Mastic, N.Y., the closest Indian Reservation to NYC, which
until recently had only 279 descendants living on the reservation. In
1996, 406,000 cartons of cigarettes were delivered to the Poospatucks.
Last year, the Poospatucks had increased that figure to 11.3 million
cartons, according to the state tax department. The reservation now has

approximately a dozen smoke shops, located on a narrow, congested
street.

In response to the illegal operation centered on the Poospatuck Reserva-
tion, New York City filled a civil suit against eight of the twelve
smoke shops on the reservation accusing them of fostering illegal trade
by "structuring and concealing bulk sales, assisting in the packing of
vans destined for New York City and even making their own bulk deliv-
eries off the reservation."

Since the Poospatuck Reservation seems to now amount to little more than
a haven for an illegal cigarette bootlegging operation, their status as
an officially recognized Native-American Tribe by New York State should
be revoked.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: Undetermined

EFFECTIVE DATE: This act shall take effect immediately.

2009-A283 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   283

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Governmental Operations

AN  ACT  to repeal article 10 of the Indian law, relating to the Poospa-
  tuck Indian Nation; and to amend the state law, the tax law, the envi-
  ronmental conservation law and the administrative code of the city  of
  New York, in relation thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Article 10 of the Indian law is REPEALED.
  S 2. Subdivision 1 of section 111 of the state law, as added by  chap-
ter 86 of the laws of 2002, is amended to read as follows:
  1. First district. In the county of Suffolk, all of the town of Brook-
haven; all of the town of East Hampton; [all of the reservation of Poos-
patuck;]  all  of  the  town  of  Riverhead;  all of the town of Shelter
Island; all of the reservation of Shinnecock;  that  part  of  Smithtown
bounded  by  a line described as follows: Beginning at a point where the
Brookhaven/Smithtown town line  meets  the  Smithtown/Islip  town  line,
westerly  along said line to a point where the town line meets Nesconset
Highway, thence westerly along said highway to Old Willets Path,  thence
northerly  along said path to Plymouth Boulevard, thence northerly along
a line extended between Plymouth Boulevard and  Annandale  Road  to  its
intersection  with  Lawrence  Road,  thence  westerly along Old Road, to
Linden Avenue, along said avenue to the southern border of the New  York
State Conservation area, thence westerly along said border to its inter-
section  with  Indian  Head  Road,  thence  northerly along said road to
LaSalle Lane, thence southerly along said lane to Balboa  Drive,  thence
westerly  along  said  drive  to Ellen Place, thence westerly along said
place to Marvin Drive, along said drive to 5th Avenue, thence  northerly
along  said  avenue to Old Commack Road, thence easterly along said road
to the Long Island Rail Road, thence westerly  along  said  railroad  to

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

                                                           LBD02028-01-9

A. 283                              2

Meadow  Glen  Road,  thence  northerly along said road to Orchard Drive,
thence westerly along said drive to Bread and Cheese Hollow Road, thence
northerly along said road to the Smithtown/Huntington town line,  thence
easterly  along  said line to the Smithtown/Brookhaven town line, thence
southerly along said line to its intersection with  the  Smithtown/Islip
town  line,  the point of beginning; all of the town of Southampton; all
of the town of Southold.
  S 3. Subdivision 2 of section 121 of the state law, as added by  chap-
ter 35 of the laws of 2002, is amended to read as follows:
  2.  Second district. In the county of Suffolk, the towns of East Hamp-
ton, Southampton, the Shinnecock  Indian  Reservation,  [the  Poospatuck
Indian  Reservation,] and that part of the town of Brookhaven bounded by
a  line  described  as  follows:  Beginning  at  a   point   where   the
Southampton/Brookhaven  town  line  meets  Moriches Bay, thence westerly
along said bay shoreline to Carmans River, thence northerly  along  said
river  to  the Wertheim National Wildlife Refuge, thence northerly along
said refuge to Beaverdam Road, thence westerly along said  road  to  Old
Stump  Road,  thence  northerly  along said road to the Long Island Rail
Road, thence easterly along said railroad to Smith Road, thence norther-
ly along said road to  Mastic  Boulevard,  thence  easterly  along  said
boulevard  to  Palm  Place, thence northerly along said place to Montauk
Highway, thence easterly along said  highway  to  Ormond  Place,  thence
southerly  along  said  place to Mastic Boulevard, thence easterly along
said boulevard to Garden Place, thence northerly  along  said  place  to
Bedford  Avenue,  thence easterly along said avenue to Van Buren Street,
thence northerly along said street to Montauk Highway,  thence  easterly
along  said highway to Fulton Avenue, thence northerly along said avenue
to Sunrise Highway Service Road, thence easterly along said service road
to a line extended southerly from the midpoint of Jamaica Avenue between
Papermill Road and East Chapman Boulevard, thence northerly  along  said
line  extended to a line extended westerly from the intersection of Head
of the Neck Road and North Pine Street, thence westerly along said  line
extended  to  a line extended northerly from the intersection of Sunrise
Highway and Railroad Avenue, thence northerly along said  line  extended
to Russell Street extended westerly, thence easterly along said extended
street  to a line extended northerly to the intersection of Sheila Court
and Jerusalem Hollow Road, thence easterly along said  road  to  Chapman
Boulevard,  thence  northerly  along said boulevard to Hot Water Street,
thence easterly along said street to Manor Street, thence easterly along
said street to Port Jefferson-West Hampton Road, thence southerly  along
said  road  to  Cranberry Highway, thence easterly along said highway to
Hot Water Street, thence along said  street  to  Toppings  Path,  thence
northerly along said path to Edwards Avenue South, thence easterly along
said  avenue  to Pinehurst Boulevard, thence southerly along said boule-
vard to Maple Street, thence  easterly  along  said  street  to  Parkway
Drive,  thence southerly along said drive to Oak Street extended, thence
easterly along said extended street to the  Southampton/Brookhaven  town
line,  thence  southerly along said town line to where it meets Moriches
Bay, the point of beginning.
  S 4. Subdivision 1 of section 124 of the state law, as added by  chap-
ter 35 of the laws of 2002, is amended to read as follows:
  1.  First  district. In the county of Suffolk, the towns of East Hamp-
ton, Riverhead,  Shelter  Island,  Southampton,  Southold,  the  [Indian
Reservations  of  Poospatuck,]  Shinnecock  INDIAN RESERVATION, and that
part of the town of Brookhaven bounded by a line described  as  follows:
Beginning  at  a  point  where  the  Brookhaven town-Riverhead town line

A. 283                              3

intersects the Brookhaven town-Southampton town line,  thence  southerly
along  said  town  line, to its intersection with Havens Point extended,
thence westerly along said  extension,  to  its  intersection  with  the
shoreline, thence generally westerly along said shoreline, to its inter-
section  with  Wavecrest  Dr extended, thence westerly along said exten-
sion, to its intersection with Wavecrest Dr, to Homecreek Dr,  to  Vista
Pl,  to Wavecrest Dr, to Madison St, to Meadowmere Ave, to Van Buren St,
to Pawnee Ave, to Floyd Rd, to Floyd Rd N, to Floyd Rd  N  extended,  to
Garden  Pl,  to  Bedford  Ave, to Van Buren St, to State Highway 27A, to
William Floyd Pky, to Dawn Dr, to Forest Ave, to South Country 04440 and
South Haven 27270 school district boundary line, to William  Floyd  Pky,
to  Long Island Rail Road, thence westerly along said railroad, to Horse
Block Rd, to Fairmont Ave, to Granny Rd, to State Highway 112, to  Pauls
Path,  to  Mooney  Pond  Rd, to Pauls Path, to State Highway 25, to Blue
Point Rd, to Oakmont Ave, to S Evergreen Dr, to Woodmere Pl,  to  Selden
Ct, to State Highway 25, to Magnolia Dr, to Hawkins Rd, to Hawkins Rd E,
to  Howe  Rd,  to Howe Ct, to Howe Ct extended, to County Highway 83, to
State Highway 112, to N Bicycle Path, to Old Town Rd, to  State  Highway
347,  to Terryville Rd, to Norwood Ave, to Old Town Rd, to Sheep Pasture
Rd, to Hulse Rd, to Comsewogue Rd, to Hulse Rd, to Old Post Rd W, to the
Port Jefferson village  line,  thence  generally  northerly  along  said
village  line, to the Port Jefferson-Poquott village line, thence gener-
ally easterly, northeasterly  along  said  village  line,  to  the  Port
Jefferson  Harbor  centerline, thence northerly along said centerline to
its intersection with the New  York  State  line,  thence  northeasterly
along  said  state  line,  to  the  Brookhaven town-Riverhead town line,
thence southerly, easterly along said town  line,  to  its  intersection
with  the  Brookhaven town-Southampton town line, the point and place of
beginning.
  S 5. Subdivision 18 and paragraph (c) of subdivision 20 of section 282
of the tax law, as added by section 3 of part K of  chapter  61  of  the
laws of 2005, are amended to read as follows:
  18. "Indian nation or tribe" means one of the following New York state
Indian nations or tribes: Cayuga Indian Nation of New York, Oneida Indi-
an  Nation of New York, Onondaga Nation of Indians, [Poospatuck or Unke-
chauge Nation,] St. Regis Mohawk, Seneca Nation of  Indians,  Shinnecock
Tribe, Tonawanda Band of Senecas and Tuscarora Nation of Indians.
  (c) lands held by the Shinnecock Tribe [or the Poospatuck (Unkechauge)
Nation] within their [respective reservations] RESERVATION; or
  S 6. Subdivision 14 and paragraph (c) of subdivision 16 of section 470
of  the  tax  law,  as added by section 1 of part K of chapter 61 of the
laws of 2005, are amended to read as follows:
  14. "Indian nation or tribe." One of  the  following  New  York  state
Indian nations or tribes: Cayuga Indian Nation of New York, Oneida Indi-
an  Nation of New York, Onondaga Nation of Indians, [Poospatuck or Unke-
chauge Nation,] St. Regis Mohawk, Seneca Nation of  Indians,  Shinnecock
Tribe, Tonawanda Band of Senecas and Tuscarora Nation of Indians.
  (c) Lands held by the Shinnecock Tribe [or the Poospatuck (Unkechauge)
Nation] within their [respective reservations] RESERVATION; or
  S 7. Paragraph 6 of subdivision (a) of section 1116 of the tax law, as
amended  by  chapter  530  of  the  laws  of 1976, is amended to read as
follows:
  (6) The following Indian nations or tribes residing in New York state:
Cayuga, Oneida, Onondaga,  [Poospatuck,]  Saint  Regis  Mohawk,  Seneca,
Shinnecock,  Tonawanda and Tuscarora, where it is the purchaser, user or
consumer.

A. 283                              4

  S 8. Subdivision 2 of section 11-0715 of the  environmental  conserva-
tion  law,  as amended by chapter 418 of the laws of 2004, is amended to
read as follows:
  2.  A  resident  in the state for thirty days immediately prior to the
date of application who has attained the age of seventy is  entitled  to
receive  all  licenses, stamps, tags, buttons, and permits authorized by
this title for which he or  she  is  eligible,  except  turkey  permits,
renewable  each  year  for a five dollar fee; a member of the Shinnecock
tribe or [the Poospatuck tribe or] a member of the six nations, residing
on any reservation wholly or partly within the  state,  is  entitled  to
receive  free of charge a fishing license, a small and big game license,
a sportsman license, a muzzle-loading stamp, a trapping license,  and  a
bow hunting stamp; a resident of the state who is a member of the United
States  armed  forces  in active service who is not stationed within the
state and has not been herein  longer  than  thirty  days  on  leave  or
furlough,  is  entitled  to  receive free of charge a fishing license, a
small and big game license, and a trapping license; an active member  of
the organized militia of the state of New York as defined by section one
of  the  military  law, or the reserve components of the armed forces of
the United States, and excluding members of the inactive national  guard
and  individual  ready  reserve, is entitled to receive free of charge a
fishing license, a small and big game license, and a  trapping  license;
and  a  resident  who  is blind is entitled to receive a fishing license
free of charge. For the purposes of this subdivision a person  is  blind
only  if  either:  (a)  his or her central visual acuity does not exceed
20/200 in the better eye with correcting lenses, or (b) his or her visu-
al acuity is greater than 20/200 but is accompanied by a  limitation  of
the  field  of  vision such that the widest diameter of the visual field
subtends an angle no greater than 20 degrees.
  A resident in the state for a period of thirty days immediately  prior
to  the  date  of  application who has attained the age of sixty-five is
entitled to receive a sportsman license at the cost of five dollars as a
license fee.
  S 9. Paragraph 6 of subdivision (a) of section 11-2051 of the adminis-
trative code of the city of New York, as amended by chapter 330  of  the
laws of 1985, is amended to read as follows:
  (6)  The  following  Indian  nations  or  tribes  residing in New York
[State] STATE:   Cayuga, Oneida,  Onondaga,  [Poospatuck,]  Saint  Regis
Mohawk,  Seneca,  Shinnecock,  Tonawanda  and Tuscarora, where it is the
purchaser, user or consumer;
  S 10. This act shall take effect immediately.
  REPEAL NOTE.--Article 10 of the Indian law, proposed to be repealed by
section one of this act, recognized the Poospatuck  (Unkechauge)  Indian
Nation, a tribe not recognized by the federal government.

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Assembly Bill A283

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Archive: Last Bill Status - In Assembly Committee

Actions

2009-A283 (ACTIVE) - Details

2009-A283 (ACTIVE) - Summary

2009-A283 (ACTIVE) - Sponsor Memo

2009-A283 (ACTIVE) - Bill Text download pdf

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Sponsored By

BENJAMIN

Archive: Last Bill Status - In Assembly Committee

Actions

2009-A283 (ACTIVE) - Details

2009-A283 (ACTIVE) - Summary

2009-A283 (ACTIVE) - Sponsor Memo

2009-A283 (ACTIVE) - Bill Text download pdf

Comments