NY State Senate Bill 2023-S7566B

Senate Bill S7566B

Signed By Governor

2023-2024 Legislative Session

Relates to a settlement of certain land claims between the state and the Saint Regis Mohawk Tribe, the Mohawk Council of Akwesasne, and the Mohawk Nation Council of Chiefs

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 22, 2023	signed chap.680
Nov 13, 2023	delivered to governor
Jun 10, 2023	returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.859 substituted for a7759a referred to ways and means
Jun 09, 2023	delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.1858 print number 7566b
Jun 09, 2023	amend and recommit to rules
Jun 07, 2023	print number 7566a
Jun 07, 2023	amend and recommit to rules
Jun 06, 2023	referred to rules

Votes

- Jun 9, 2023 - Floor Vote
  S7566B
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 9, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Felder
      
      The following Member(s) participated via videoconferencing: Cooney
  Jun 9, 2023 - Rules Committee Vote
  S7566B
  
  20
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 9, 2023
      
      aye (20)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (1)
      
      Helming

Bill Amendments

Original

B (Active)

co-Sponsors

2023-S7566 - Details

See Assembly Version of this Bill:: A7759
Law Section:: Executive

2023-S7566 - Summary

Authorizes the governor to execute a settlement relating to certain land claims between the state and the Saint Regis Mohawk Tribe, the Mohawk Council of Akwesasne, and the Mohawk Nation Council of Chiefs.

2023-S7566 - Sponsor Memo

                                 
BILL NUMBER: S7566

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act relating to settlement of certain land claims

 
PURPOSE:

In 1982, the St. Regis Mohawk Tribe initiated litigation with Franklin
County, St. Lawrence County, and the State of New York to settle a
dispute over who was the rightful owner of certain land located within
those two counties. After many years of negotiations, the parties have
reached a settlement agreement. This legislation would provide the
Governor with the authorization needed to enter into this long-awaited
settlement agreement.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides the Governor with the authorization to
enter into a settlement agreement with the St. Regis Mohawk Tribe.  The
settlement agreement must be consistent with both a memorandum of under-

standing between the Governor, the St. Regis Mohawk Tribe, and the coun-
ty of St. Lawrence, and a resolution adopted by the county of Franklin
on June 5, 2023.

This section also provides that the settlement agreement will be deemed
ratified by the Legislature upon the certification by the Governor to
the Temporary President of the Senate, the Speaker of the Assembly, and
the Secretary of State that the agreement has received the requisite
federal approvals and that the underlying litigation has been dismissed
with prejudice.

Section two of the bill would make it take effect immediately.

 
EXISTING LAW:

This legislation is a special act. As such, there is no existing
provision of law that is being amended.

 
JUSTIFICATION:

To enter into a settlement agreement with a sovereign nation, the Gover-
nor needs the authorization of the Legislature. This legislation both
authorizes the Governor to enter into the settlement agreement and
constitutes the Legislature's acceptance of such settlement agreement
upon the certification by the Governor that federal approval has been
received.

 
LEGISLATIVE HISTORY:

There is no legislative history on this bill.

 
BUDGET IMPLICATIONS:

There are no budget implications to this bill.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2023-S7566 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7566
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced by Sen. KENNEDY -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN ACT relating to settlement of certain land claims
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Land claims settlement. The legislature hereby  finds  that
 long-standing  disputes between the Saint Regis Mohawk Tribe, the Mohawk
 Council of Akwesasne, and the Mohawk Nation Council of Chiefs,  and  the
 state  of New York, Franklin county and St. Lawrence county, have gener-
 ated litigation in state and federal courts regarding property and other
 taxation, and that the status of Mohawk  lands  has  caused  decades  of
 unrest  and  uncertainty  for the citizens and residents of the Northern
 New York region of this state. The legislature further finds that it  is
 in  the best interests of all citizens, residents and political subdivi-
 sions of this state to remove any uncertainty that  such  litigation  or
 disputes  have  created regarding the title to and jurisdictional status
 of land within the state. The  legislature  recognizes  that  negotiated
 settlement  of these disputes will facilitate a cooperative relationship
 between the state, the counties and the Mohawk. Therefore, the  legisla-
 ture declares that:
   (a)  Notwithstanding  any  other law, the state, through the governor,
 may execute a land claims settlement agreement including, but not limit-
 ed to, terms consistent with  memoranda  of  understanding  between  the
 governor,  the  Saint  Regis  Mohawk  Tribe  and  Saint  Lawrence county
 executed on May 28, 2014 and Resolution 188, as adopted by the  Franklin
 County Board of Legislature on June 5, 2023.
   (b) Such land claims settlement shall be deemed ratified by the legis-
 lature  upon  the governor's certification to the temporary president of
 the senate, the speaker of the assembly, and  the  secretary  of  state,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12015-03-3
 S. 7566                             2

 
 that  such  agreement  has  received requisite federal approvals and the
 underlying litigation has been dismissed with prejudice.
   (c)  Except  as  otherwise specifically provided in the agreement, the
 state specifically reserves all its rights, as attributes of its  inher-
 ent  sovereignty, recognized by the tenth and eleventh amendments to the
 United States Constitution. Nothing in this section shall  be  construed
 to  affect the existing authority of the governor under the constitution
 and laws of this state to execute land claims settlements.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S7566A - Details

See Assembly Version of this Bill:: A7759
Law Section:: Executive

2023-S7566A - Summary

2023-S7566A - Sponsor Memo

                                 
BILL NUMBER: S7566A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act relating to settlement of certain land claims

 
PURPOSE:

In 1982, the St. Regis Mohawk Tribe initiated litigation with Franklin
County, St. Lawrence County, and the State of New York to settle a
dispute over who was the rightful owner of certain land located within
those two counties. After many years of negotiations, the parties have
reached a settlement agreement. This legislation would provide the
Governor with the authorization needed to enter into this long-awaited
settlement agreement.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides the Governor with the authorization to
enter into a settlement agreement with the St. Regis Mohawk Tribe.  The
settlement agreement must be generally consistent with both a memorandum

of understanding between the Governor, the St. Regis Mohawk Tribe, and
the county of St. Lawrence, and a resolution adopted by the county of
Franklin on June 5, 2023.

This section also provides that the settlement agreement will be deemed
ratified by the Legislature upon the certification by the Governor to
the Temporary President of the Senate, the Speaker of the Assembly, and
the Secretary of State that the agreement has received the requisite
federal approvals and that the underlying litigation has been dismissed
with prejudice.

Section two of the bill would make it take effect immediately.

 
EXISTING LAW:

This legislation is a special act. As such, there is no existing
provision of law that is being amended.

 
JUSTIFICATION:

To enter into a settlement agreement with a sovereign nation, the Gover-
nor needs the authorization of the Legislature. This legislation both
authorizes the Governor to enter into the settlement agreement and
constitutes the Legislature's acceptance of such settlement agreement
upon the certification by the Governor that federal approval has been
received.

 
LEGISLATIVE HISTORY:

There is no legislative history on this bill.

 
BUDGET IMPLICATIONS:

There are no budget implications to this bill.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2023-S7566A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7566--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  STEC -- (at request of the Governor) --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT relating to settlement of certain land claims

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Land claims settlement. The legislature hereby finds that
 long-standing disputes between the Saint Regis Mohawk Tribe, the  Mohawk
 Council  of  Akwesasne, and the Mohawk Nation Council of Chiefs, and the
 state of New York, Franklin county and St. Lawrence county, have  gener-
 ated litigation in state and federal courts regarding property and other
 taxation,  and  that  the  status  of Mohawk lands has caused decades of
 unrest and uncertainty for the citizens and residents  of  the  Northern
 New  York region of this state. The legislature further finds that it is
 in the best interests of all citizens, residents and political  subdivi-
 sions  of  this  state to remove any uncertainty that such litigation or
 disputes have created regarding the title to and  jurisdictional  status
 of  land  within  the  state. The legislature recognizes that negotiated
 settlement of these disputes will facilitate a cooperative  relationship
 between  the state, the counties and the Mohawk. Therefore, the legisla-
 ture declares that:
   (a) Notwithstanding any other law, the state,  through  the  governor,
 may execute a land claims settlement agreement including, but not limit-
 ed  to,  terms  generally  consistent  with  memoranda  of understanding
 between the governor, the Saint Regis Mohawk Tribe  and  Saint  Lawrence
 county  executed  on  May 28, 2014 and Resolution 188, as adopted by the
 Franklin County Board of Legislature on June 5, 2023.
   (b) Such land claims settlement shall be deemed ratified by the legis-
 lature upon the governor's certification to the temporary  president  of
 the  senate,  the  speaker  of the assembly, and the secretary of state,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12015-04-3

 S. 7566--A                          2
 
 that such agreement has received requisite  federal  approvals  and  the
 underlying litigation has been dismissed with prejudice.
   (c)  Except  as  otherwise specifically provided in the agreement, the
 state specifically reserves all its rights, as attributes of its  inher-
 ent  sovereignty, recognized by the tenth and eleventh amendments to the
 United States Constitution. Nothing in this section shall  be  construed
 to  affect the existing authority of the governor under the constitution
 and laws of this state to execute land claims settlements.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S7566B (ACTIVE) - Details

See Assembly Version of this Bill:: A7759
Law Section:: Executive

2023-S7566B (ACTIVE) - Summary

2023-S7566B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7566B

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act relating to settlement of certain land claims

 
PURPOSE:

In 1982, the St. Regis Mohawk Tribe initiated litigation with Franklin
County, St. Lawrence County, and the State of New York to settle a
dispute over who was the rightful owner of certain land located within
those two counties. After many years of negotiations, the parties have
reached a settlement agreement. This legislation would provide the
Governor with the authorization needed to enter into this long-awaited
settlement agreement.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides the Governor with the authorization to
enter into a settlement agreement with the St. Regis Mohawk Tribe.  The
settlement agreement must be considerably consistent with both a memo-

randum of understanding between the Governor, the St. Regis Mohawk
Tribe, and the county of St. Lawrence, and a resolution adopted by the
county of Franklin on June 5, 2023.

This section also provides that the settlement agreement will be deemed
ratified by the Legislature upon the certification by the Governor to
the Temporary President of the Senate, the Speaker of the Assembly, and
the Secretary of State that the agreement has received the requisite
federal approvals and that the underlying litigation has been dismissed
with prejudice.

Section two of the bill would make it take effect immediately.

 
EXISTING LAW:

This legislation is a special act. As such, there is no existing
provision of law that is being amended.

 
JUSTIFICATION:

To enter into a settlement agreement with a sovereign nation, the Gover-
nor needs the authorization of the Legislature. This legislation both
authorizes the Governor to enter into the settlement agreement and
constitutes the Legislature's acceptance of such settlement agreement
upon the certification by the Governor that federal approval has been
received.

 
LEGISLATIVE HISTORY:

There is no legislative history on this bill.

 
BUDGET IMPLICATIONS:

There are no budget implications to this bill.

 
EFFECTIVE DATE:
This bill would take effect immediately.

2023-S7566B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7566--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 6, 2023
                                ___________
 
 Introduced  by  Sens.  KENNEDY,  STEC -- (at request of the Governor) --
   read twice and ordered printed, and when printed to  be  committed  to
   the  Committee on Rules -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said  committee  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT relating to settlement of certain land claims
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Land claims settlement. The legislature hereby  finds  that
 long-standing  disputes between the Saint Regis Mohawk Tribe, the Mohawk
 Council of Akwesasne, and the Mohawk Nation Council of Chiefs,  and  the
 state  of New York, Franklin county and St. Lawrence county, have gener-
 ated litigation in state and federal courts regarding property and other
 taxation, and that the status of Mohawk  lands  has  caused  decades  of
 unrest  and  uncertainty  for the citizens and residents of the Northern
 New York region of this state. The legislature further finds that it  is
 in  the best interests of all citizens, residents and political subdivi-
 sions of this state to remove any uncertainty that  such  litigation  or
 disputes  have  created regarding the title to and jurisdictional status
 of land within the state. The  legislature  recognizes  that  negotiated
 settlement  of these disputes will facilitate a cooperative relationship
 between the state, the counties and the Mohawk. Therefore, the  legisla-
 ture declares that:
   (a)  Notwithstanding  any  other law, the state, through the governor,
 may execute a land claims settlement agreement including, but not limit-
 ed to, terms considerably consistent  with  memoranda  of  understanding
 between  the  governor,  the Saint Regis Mohawk Tribe and Saint Lawrence
 county executed on May 28, 2014 and Resolution 188, as  adopted  by  the
 Franklin County Board of Legislature on June 5, 2023.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12015-06-3
 S. 7566--B                          2

 
   (b) Such land claims settlement shall be deemed ratified by the legis-
 lature  upon  the governor's certification to the temporary president of
 the senate, the speaker of the assembly, and  the  secretary  of  state,
 that  such  agreement  has  received requisite federal approvals and the
 underlying litigation has been dismissed with prejudice.
   (c)  Except  as  otherwise specifically provided in the agreement, the
 state specifically reserves all its rights, as attributes of its  inher-
 ent  sovereignty, recognized by the tenth and eleventh amendments to the
 United States Constitution. Nothing in this section shall  be  construed
 to  affect the existing authority of the governor under the constitution
 and laws of this state to execute land claims settlements.
   § 2. This act shall take effect immediately.

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Senate Bill S7566B

Share this bill

Sponsored By

Timothy M. Kennedy

Current Bill Status - Signed by Governor

Bill Amendments

co-Sponsors

Daniel G. Stec

2023-S7566 - Details

2023-S7566 - Summary

2023-S7566 - Sponsor Memo

2023-S7566 - Bill Text download pdf

co-Sponsors

Daniel G. Stec

2023-S7566A - Details

2023-S7566A - Summary

2023-S7566A - Sponsor Memo

2023-S7566A - Bill Text download pdf

co-Sponsors

Daniel G. Stec

2023-S7566B (ACTIVE) - Details

2023-S7566B (ACTIVE) - Summary

2023-S7566B (ACTIVE) - Sponsor Memo

2023-S7566B (ACTIVE) - Bill Text download pdf

Comments