New York State Assembly

 
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A08289 Summary:

A08289 Actions:

A08289 Committee Votes:

Committee:WAYS AND MEANS   Chair:Pretlow      
DATE:06/06/2025AYE/NAY:35/0  Action: Favorable refer to committee Rules        
Pretlow
Aye
Ra
Aye
Jackson
Aye
Fitzpatrick
Aye
Colton
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Anderson
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Giglio
Aye
Dinowitz
Aye
Lavine
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Wright
Aye
Simon
Aye
Cruz
Aye
Otis
Aye
Solages
Aye
Hunter
Aye
Epstein
Aye
Septimo
Aye

Committee:RULES   Chair:Glick      
DATE:06/09/2025AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Excused
Reilly
Excused
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Excused
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Excused

A08289 Floor Votes:

A08289 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8289
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 9, 2025
                                       ___________
 
        Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
          Committee on Judiciary
 
        AN ACT to amend the Indian law, in relation to non-Indian  trespass  and
          drug trafficking activities within Indian lands
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 8 of the Indian law, as amended by chapter  886  of
     2  the laws of 1957, is amended to read as follows:
     3    §  8.  Intrusion  on tribal lands.  1. Except as otherwise provided by
     4  law, no person shall enter, remain, settle or reside,  conduct  a  busi-
     5  ness,  operate  a  junkyard, or establish or contribute to an automobile
     6  graveyard or dump of any kind, upon any lands owned or occupied  by  any
     7  nation, tribe or band of Indians, except the citizens or members of such
     8  nation, tribe or band or their authorized guests or lessees.
     9    2. Without the permission of the council or other similar authority of
    10  any Indian reservation, no person shall hereafter establish, conduct and
    11  operate,  or  contribute  to the establishment, conduct and operation of
    12  any junkyard, automobile graveyard or dump on any land within the limits
    13  of an Indian reservation.  Any lease, contract or agreement in violation
    14  of this section shall be void.
    15    3. The district attorney of any county in which reservation lands  are
    16  situated,  upon  the written application of such person or entity desig-
    17  nated by the laws of the nation, tribe or band to make such  application
    18  on  behalf of the nation, tribe or band owning and occupying such lands,
    19  shall make complaint of any intrusions on  such  lands,  and  cause  the
    20  intruders to be removed.
    21    4.  The  county  judge of the county in which such lands are situated,
    22  upon complaint made to [him] such judge, of a violation of this  section
    23  shall,  if  [he]  such judge thinks there is reasonable ground therefor,
    24  issue a notice directed to the person against whom  complaint  is  made,
    25  requiring  [him]  such  person to appear before such judge at a time and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11875-01-5
        A. 8289                             2
 
     1  place therein specified, to  answer  the  complaint.  Such  judge  shall
     2  attend  at the time and place mentioned in the notice, and upon proof of
     3  the personal service of such notice,  shall  take  proof  of  the  facts
     4  alleged  in the complaint, and shall determine whether such person is an
     5  intruder upon the lands of such reservation. If [he]  such  judge  shall
     6  determine that such person is an intruder, [he] such judge shall issue a
     7  warrant  to  the  sheriff  of  the county commanding [him] such sheriff,
     8  within ten days after the receipt thereof, to remove  such  person  from
     9  such  lands.  If  such  judge  shall determine that such person has been
    10  removed from such lands on a previous occasion, [he]  such  judge  shall
    11  issue [his] such judge's warrant commanding the sheriff, within ten days
    12  from the receipt thereof, to remove such person and, notwithstanding any
    13  other provisions of law, commit [him] such person to the county jail for
    14  the  space of [thirty] ninety days, without being entitled to the limits
    15  or the  liberties  of  such  jail;  and  such  judge  shall  cause  such
    16  conviction  to  be drawn up and filed in the office of the county clerk,
    17  which conviction shall be final. In the  execution  of  either  of  such
    18  warrants  the  sheriff shall have the same powers as in the execution of
    19  criminal process, and shall be paid by the state  such  compensation  as
    20  the  comptroller  shall certify as reasonable. [The district attorney of
    21  any county in which reservation lands are  situated,  upon  the  written
    22  application  of  a majority of the chiefs, councilors or head man of the
    23  nation, tribe or band  owning  and  occupying  such  lands,  shall  make
    24  complaint of any intrusions on such lands, and cause the intruders to be
    25  removed.]
    26    5.  If  a person, conducting a business, engaging in drug trafficking,
    27  operating a junkyard, or having established or contributed to an automo-
    28  bile graveyard or dump, shall have been determined  to  be  an  intruder
    29  under  this  section,  such  judge may, in addition to any other penalty
    30  prescribed by this section, order the confiscation or  removal  of  such
    31  business,  drug trafficking materials or equipment, junkyard, automobile
    32  graveyard or dump within a reasonable time subject to the consent of the
    33  authority of the affected nation, tribe or band.
    34    6. A determination or designation by the nation, tribe or  band  of  a
    35  person as an intruder upon the lands of such nation, tribe or band shall
    36  be dispositive of the matter.
    37    §  2.  The Indian law is amended by adding a new section 79 to read as
    38  follows:
    39    §  79.  Law  enforcement  agreements.  1.  Notwithstanding  any  other
    40  provision of law, at the request of the Seneca nation, the governor, the
    41  superintendent  of  state  police,  a  sheriff of a county that includes
    42  lands of the Seneca nation, or the chief of police of the city of  Sala-
    43  manca,  may enter into an agreement with the Seneca nation governing the
    44  terms and conditions of criminal law enforcement activities  within  the
    45  nation's federally-recognized Indian Country lands.
    46    2.  The  agreements  authorized in subdivision one of this section may
    47  include provisions defining criminal offenses and penalties  that  shall
    48  apply  within  the  nation, deputization, extradition, and other related
    49  provisions that may be agreed upon by the parties.
    50    3. The courts of the state shall give full force  and  effect  to  the
    51  provisions of any agreement authorized herein in any criminal proceeding
    52  arising out of offenses committed within the lands of the Seneca nation.
    53    § 3. This act shall take effect immediately.