Recognition of the Wolf Creek Cherokee Tribe of Virginia. (SJ40)

Introduced By

Sen. Don McEachin (D-Richmond) with support from 15 copatrons, whose average partisan position is:

Those copatrons are Del. Lamont Bagby (D-Richmond), Del. Dickie Bell (R-Staunton), Del. Steve Heretick (D-Portsmouth), Del. Patrick Hope (D-Arlington), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Sam Rasoul (D-Roanoke), Del. Marcus Simon (D-Falls Church), Del. Ron Villanueva (R-Virginia Beach), Del. Vivian Watts (D-Annandale), Sen. John Bell (D-Chantilly), Sen. Jennifer Boysko (D-Herndon), Sen. John Edwards (D-Roanoke), Sen. Mamie Locke (D-Hampton), Sen. Lionell Spruill (D-Chesapeake)

Progress

Introduced
Passed Committee
Passed House
Passed Senate

Description

Recognition of the Wolf Creek Cherokee Tribe of Virginia. Recognizes the existence of the Wolf Creek Cherokee Tribe of Virginia within the Commonwealth. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/06/2016Prefiled and ordered printed; offered 01/13/16 16103271D
01/06/2016Referred to Committee on Rules
02/15/2016Reported from Rules (12-Y 3-N) (see vote tally)
02/16/2016Read first time
02/16/2016Engrossed by Senate
02/16/2016Reading waived (38-Y 0-N) (see vote tally)
02/16/2016Agreed to by Senate by voice vote
02/18/2016Placed on Calendar
02/18/2016Referred to Committee on Rules
02/29/2016Tabled in Rules

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 10 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Sen. Emmett Hanger (R-Mount Solon): SO, AGAIN, I RENEW MY MOTION TO PASS THE RESOLUTION.

[Unknown]: I THANK THE SENATOR. THE QUESTION IS, SHALL SJR63 PASS. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT, THE RESOLUTION IS AGREED TO.

Sen. Emmett Hanger (R-Mount Solon): REGULAR CALENDAR, SENATE JOINT RESOLUTION ON FIRST READING, SENATE JOINT RESOLUTION 40, EXTENDING STATE RECOGNITION TO THE WOLF CREEK CHEROKEE TRIBE OF REPORTED FROM THE COMMITTEE VIRGINIA. ON RULES.

[Unknown]: THE SENIOR SENATOR FROM HENRICO, SENATOR MCKEEPON. MR. PRESIDENT, I MOVE THAT WE WAIVE THE READING OF THE RESOLUTION.

Del. Bill Howell (R-Fredericksburg): THEY SENATOR, THE QUESTION IS, SHALL THE RULES BE SUSPENDED AND THE SECOND READING, CONSTITUTIONAL READING, BE WAIVED. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? DO ANY OF THE SENATORS DESIRE HAVE ALL THE SENATORS VOTED? TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS, ZERO. AYES 38, NOS, ZERO, THE MOTION IS AGREED TO. THE SENIOR SENATOR FROM HENRICO. MR. PRESIDENT, I WOULD MOVE THAT WE ENGROSS THE BILL AND ADVANCE IT TO ITS THIRD READING. THE QUESTION IS, SHALL THE RESOLUTION BE ENGROSSED AND ADVANCED TO THE THIRD READING. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT, THE ADVANCED TO THE THIRD RESOLUTION IS ENGROSSED AND READING. THE SENIOR SENATOR FROM HENRICO. THANK YOU MR. PRESIDENT. WHAT THIS RESOLUTION WOULD DO IS EXTEND STATE RECOGNITION -- WE NEED TO SUSPEND THE RULE. I APOLOGIZE, MR. PRESIDENT, I MOVE WE WAIVE THE READING OF THE RESOLUTION.

Del. Bill Howell (R-Fredericksburg): I THANK THE SENATOR, THE QUESTION IS, SHALL THE RULES BE SUSPENDED AND THE THIRD CONSTITUTIONAL READING BE WAIVED. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL. THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 38, NOS, ZERO. AYES 38, NOS, ZERO, THE MOTION IS AGREED TO. THE SENIOR SENATOR. MR. PRESIDENT, I WOULD ASK WE AGREE IT TO THE RESOLUTION, AND SPEAKING TO THAT MOTION. THE SENATOR HAS THE FLOOR. MR. PRESIDENT, LAST YEAR, SOME OF THE MEMBERS WILL REMEMBER WE VOTED THIS RESOLUTION OUT OF THE BODY AND DOWN THE HALL. WHAT THIS RESOLUTION WOULD SIMPLY DO IS EXTEND STATE RECOGNITION OF THE WOLF CREEK CHEROKEE TRIBE HERE IN VIRGINIA. IT IS A TRIBE LOCATED IN -- AT LEAST IN MY DISTINCT, AT LEAST, IN THE EASTERN PART OF HENRIKO COUNTY. IT DOES HAVE BRANCHES ELSEWHERE IN THE COMMONWEALTH I DON'T WANT TO GET ANYBODY IN TROUBLE, I DON'T WANT TO MISLEAD ANYBODY. YOU MAY HAVE ALREADY BEEN CONTACTED BY OTHER CHEROKEE TRIBES THAT SUGGESTED THIS ONE IS NOT A LEGITIMATE TRIBE. WHAT I WILL SAY TO YOU IS ONE THING. ONE, WE ADVANCED IT LAST YEAR, A MOST UNHAPPY FATE IN THE RULES COMMITTEE DOWN THE HALL, AND TWO, WHAT I WILL SAY TO THE BODY IS THAT THIS HAS NOTHING TO DO WITH MONEY. THIS IS SIMPLY STATE RECOGNITION. THERE'S NO MONEY ATTACHED TO IT. I UNDERSTAND THERE ARE CHECK KEYS WHO SAY THESE FOLKS AREN'T CHECK CLEARS. I WOULD SUGGEST WE NOT WADE INTO THIS, AND THAT WE BE CONSISTENT WITH OUR EXERCISE LAST YEAR AND ASK THAT YOU PASS THE RESOLUTION. I THANK THE SENATOR. THE SENATOR FROM CHESS PIKE, SENATOR COSGROVE.

Sen. John Cosgrove (R-Chesapeake): THANK YOU MR. PRESIDENT, SPEAKING TO THE RESOLUTION?

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. John Cosgrove (R-Chesapeake): ACTUALLY, I HOPE WE WILL SUPPORT THIS RESOLUTION, BUT MR. PRESIDENT, I WOULD SAY LAST YEAR AND TWO YEARS BEFORE THAT, AND THEN TWO YEARS BEFORE THAT, THE GENTLEWOMAN FROM NORFOLK CARRIED A BILL WANTING TO RECOGNIZE APPALACHIAN CHEROKEE TRIBE, WHICH IS A SUBSTANTIALLY LARGER AND MORE COMPREHENSIVE THAN THE WOLF CREEK TRIBE. I JUST FOUND OUT ABOUT THIS YESTERDAY AT THE DESK FOR RULES. I WISH THAT THERE HAD BEEN AN OPPORTUNITY TO HAVE THE APPALACHIAN CHEROKEE TRIBE INCLUDED IN THIS. ALL I WOULD SAY IS THAT IF YOU ARE GOING TO RECOGNIZE ONE, YOU PROBABLY OUGHT TO RECOGNIZE THE OTHER. BUT I WILL IN NO WAY STAND IN OPPOSITION TO THE GENTLEMAN'S BILL.

[Unknown]: THE RESOLUTION. THANK YOU. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): LADIES AND GENTLEMEN, I'VE DONE A GREAT DEAL OF WORK WITH THE AMERICAN INDIANS, AND HAVE TREMENDOUS RESPECT FOR THEM. BUT YEARS AGO, I WAS THE STAFF JUDGE ADVOCATE AT FORT HOOD, CALIFORNIA AND THERE WAS A RESERVIST WHO WORKED FOR ME AND HE WAS AN EXECUTIVE FOR ONE OF THE POWER MOGULS OF THE GAMBLING INDUSTRY IN LAS VEGAS, AND HE CAME TO ME, HE SAID LOOK, HE SAID I WOULD LOVE FOR YOU TO LEAVE THE ARMY, GO AHEAD, GET OUT, COME TO WORK WITH US. HE SAID THERE'S SOMETHING GOING ON THAT IS SO BIG, HE SAYS YOU WON'T BELIEVE IT. HE SAYS WHAT WE ARE DOING, HE SAYS WE GOT GAMBLING GOING ON, AND WHAT WE HAVE DISCOVERED IS THAT WE'VE GOTTEN CONGRESS TO ENACT SOME LEGISLATION, AND WHEREVER WE CAN SET UP AN INDIAN TRIBE, THEN WE ARE ABLE TO USE THEIR PROPERTY AND THEY ARE EXEMPT FROM FEDERAL REGULATION OVER GAMBLING, OVER CASINO GAMBLING. AND SO I DID A TREMENDOUS STUDY OVER IT, BECAUSE HONESTLY, IT WAS A LOT OF MONEY, AND I WAS RATHER TEMPTED TO DO IT. BUT I HAVE WATCHED IT SINCE THEN. I DIDN'T FOLLOW THROUGH ON IT, DECIDED BEING A GAMBLER IS NOT MY THING, BUT I HAVE WATCHED IT STEADILY SINCE THE '80S, AND WE HAVE MORE INDIAN TRIBES IN AMERICA THAN YOU EVER IMAGINED. I MEAN, WE GOT EVERY KIND OF INDIAN TRIBE. EVERYWHERE. EVERY STATE. AND WHEREVER THEY ARE, WHETHER THEY ARE GENUINE OR WHETHER THEY ARE CONCOCTED, THEY BECOME THE LOCATION OF CASINOS. SO RECOGNIZING INDIAN TRIBES IS THE FIRST STEP TOWARDS CASINO GAMBLING. AND I SEE THE LOOK THAT YOU ARE GIVING ME. YOU KNOW ABOUT CASINOS, AND YOU KNOW WHAT I'M TALKING ABOUT. BUT IF YOU LIKE CASINO GAMBLING, AND IF YOU WANT CASINO GAMBLING, YOU WILL RECOGNIZE ALL THE INDIAN TRIBES THAT THEY CAN COME UP WITH ON THE FACE OF THE EARTH, AND EVERY ONE OF THEM, I GUARANTEE YOU, WILL BE THE LOCATION OF A GAMBLING CASINO. SO I'M AGAINST CASINO GAMBLING, AND I'M GOING TO VOTE AGAINST THIS. THANK YOU.

[Unknown]: I THANK THE SENATOR, THE SENATOR FROM FAUQUIER, SENATOR VOGEL. THANK YOU MR. PRESIDENT. WITH GREAT DEFERENCE TO MY COLLEAGUE, THE SENIOR SENATOR FROM LOUDOUN, I WOULD JUST LIKE TO URGE PASSAGE OF THE BILL, AND MAKE THE OBSERVATION THAT I REALLY, REALLY DO NOT BELIEVE THAT THIS IS ACTUALLY ABOUT CASINO GAMBLING, AND I WOULDN'T ORDINARILY RISE TO SPEAK ON THIS BILL, EXCEPT THAT I HAD YEARS OF EXPERIENCE TRYING TO GAIN RECOGNITION OF SOME OF THE CHEROKEES FROM MY PART OF THE COMMONWEALTH OF VIRGINIA WHO FOR YEARS AND YEARS HAD COME TO RICHMOND WITH UNBELIEVABLE AMOUNTS OF DOCUMENTATION, BINDERS AND BINDERS FULL OF GENEALOGY AND HISTORY THEY HAD PUT TOGETHER, AND THAT RECOGNITION REALLY MEANT THE WORLD TO THEM, AND THEY REALLY WEREN'T LOOKING TO ESTABLISH A CASINO THEY REALLY WEREN'T LOOKING TO, YOU KNOW, MAKE ANY GREAT CHANGE TO THE COMMONWEALTH OF VIRGINIA. THEY WERE SIMPLY LOOKING FOR THE DIGNITY OF THAT RECOGNITION AND WHAT THAT RECOGNITION MEANT TO THEM. AND THE SENATOR FROM NORFOLK ACTUALLY HAD GREAT SUCCESS AND IN FACT FAR BETTER SUCCESS THAN I DID IN WORKING WITH THE TRIBE, AND IN FACT, I WOULD SAY THAT THAT RECOGNITION WAS IMPORTANT BECAUSE NOT JUST FOR THE RECOGNITION IN THE GENEALOGY AND HISTORY, BUT I THINK IT ALSO MEANS A LOT TO THEM BECAUSE THEY CAN PARTICIPATE IN A POWWOW THAT I THINK HAPPENS EVERY YEAR. WITH THAT, I THOUGHT SOME CONTEXT WAS IMPORTANT, AND I WOULD ACTUALLY URGE THE MEMBERS OF THE BODY TO GRANT THAT RECOGNITION, BECAUSE I DO THINK IT ACTUALLY IS WORTHWHILE AND MEANS SOMETHING VERY IMPORTANT TO THAT CHEROKEE NATION. THANK YOU. THANK YOU. THE SENIOR SENATOR FROM HENRICO, SENATOR MCEACHIN.

Sen. Don McEachin (D-Richmond): JUST BRIEFLY, MR. PRESIDENT, WITH RESPECT TO THE SENIOR SENATOR FROM LOUDOUN'S REMARKS, IF THIS WAS ABOUT CASINO GAMBLING, IF THE INDIAN TRIBES WANTED CASINO GAMBLING, WE HAVE SOME ALREADY RECOGNIZED IN THE COMMONWEALTH AND DON'T HAVE ANY CASINO GAMBLING. IF YOU HEAR OF A TRIBE CALLED LUCAS COMING, THEN PERHAPS THAT WILL HAVE CASINO GAMBLING WITH IT, BUT THAT'S A DIFFERENT STORY, A DIFFERENT MATTER FOR A DIFFERENT DAY. MR. PRESIDENT, I HAVE SAT DOWN WITH THE MEMBERS OF THE TRIBE AND I TELL YOU WHAT REALLY TIPPED ME OVER IN TERMS OF PRESENTING THE RESOLUTION, AND THIS HAPPENED LAST YEAR. A FELLA CAME IN, HE WAS SITTING AROUND MY CONFERENCE ROOM TABLE, HE SERVED IN THE MILITARY AND LOOKED ME IN THE EYE AND SAID YOU KNOW, I'VE GOT A SON WHO'S ABOUT SIX, SEVEN YEARS OLD, AND HE READS THESE BOOKS AND HE DOESN'T READ ANYTHING ABOUT US IN OUR SCHOOL TEXTBOOKS, AND HE SAYS SENATOR, WHAT AM I SUPPOSED TO TELL MY SON? AND WHAT I WOULD SAY SO YOU MEMBERS OF THE SENATE, WHAT ARE WE SUPPOSED TO SAY TO HIS SON? I WOULD SUGGEST TO YOU THAT WE TELL HIS SON THAT WE BELIEVE IN YOU, WE BELIEVE IN YOUR TRIBE, AND PASS THE RESOLUTION. THE QUESTION IS, SHALL SJR40

[Unknown]: I THANK THE SENATOR. PASS?

Comments

Chief Audrey Dillard writes:

I believe we have walked through this path before and it was identified that prejudice was involved in a lot of the decision made for specific Tribes. If you were one of the "ACCEPTED TRIBE" that the decision makers like, you got it. If you were not one of the "BOYS" you did not get it. I believe that the members of the board will be some of the same ones that were making decisions for who they liked.

Why do Native Americans Indian have to go before a board when we were here before any other race or groups came here.

Lea Dowd writes:

This resolution sets a very dangerous precedent. It opens the doors to create more of a holocaust than Dr. Walter Plecker did in Virginia. How do you give State Recognition to a Tribe without Resolving the following?

"addressing the question of whether the Wolf Creek Cherokee Tribe of Virginia has been continuously in existence since the 1600s."

"does not verify the ancestry and history of their membership."

"does not confirm, confer, grant, or recognize any rights or privileges, including any vested or nonvested rights to property real or personal, to the Wolf Creek Cherokee Tribe of Virginia under any law, treaty, or other agreements."

"does not confirm, confer or address in any manner any issues of sovereignty."