Senate Bill S8316

Vetoed By Governor
2009-2010 Legislative Session

Relates to eliminating the validity of agreements between the state and Indian tribes as part of a stipulation in federal court

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Sponsored By

Archive: Last Bill Status - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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2009-S8316 (ACTIVE) - Details

See Assembly Version of this Bill:
A11535
Law Section:
Tax Law
Laws Affected:
Amd §471, Tax L
Versions Introduced in 2011-2012 Legislative Session:
S3993, A6481

2009-S8316 (ACTIVE) - Summary

Chapter amends S. 8285 and A. 11515, to eliminate the validity of agreements between the state and Indian tribes or nations as part of a stipulation and order approved by a federal court, with regard to preempting state tax law pertaining to the taxation of cigarettes sold to Indian nations or tribes.

2009-S8316 (ACTIVE) - Sponsor Memo

2009-S8316 (ACTIVE) - Bill Text download pdf 

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

                                  8316

                            I N  S E N A T E

                              June 22, 2010
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the tax law, in relation to tax agreements  with  Indian
  nations or tribes

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

  Section 1. Subdivision 6 of section 471 of the tax law,  as  added  by
section  4  of  part D of chapter 134 of the laws of 2010, is amended to
read as follows:
  6. Tax agreements with Indian nations or tribes.  If an Indian  nation
or  tribe  enters  into  an agreement with the state and the legislature
approves such agreement [or if an Indian nation or tribe enters into  an
agreement  with  the  state  that  is  part  of  a stipulation and order
approved by a federal court of  competent  jurisdiction]  regarding  the
sale and distribution of cigarettes on the nation's or tribe's qualified
reservation,  the terms of such agreement shall take precedence over the
provisions of this article and exempt sales to non-members of the  tribe
or  nation  and non-Indians by such nation from such taxes to the extent
that such taxes are specifically referred to in the agreement,  and  the
sale or distribution, including transportation, of any cigarettes to the
nation's  or  tribe's  qualified reservation shall be in accordance with
the provisions of such agreement.
  S 2. This act shall take effect on the  same  date  and  in  the  same
manner as part D of chapter 134 of the laws of 2010, takes effect.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD17859-02-0

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