senate Bill S3866C

2011-2012 Legislative Session

Relates to the definition of qualified reservation

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 11, 2012 print number 3866c
amend (t) and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Mar 16, 2011 print number 3866b
amend and recommit to investigations and government operations
Mar 10, 2011 print number 3866a
amend and recommit to investigations and government operations
Mar 08, 2011 referred to investigations and government operations

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S3866 - Details

See Assembly Version of this Bill:
A5151B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L

S3866 - Summary

Relates to the definition of Indian reservation; ties such term to certain treaties.

S3866 - Sponsor Memo

S3866 - Bill Text download pdf

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

                                  3866

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to the definition of "qualified
  reservation"

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

  Section  1.  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,  is  amended  to
read as follows:
  16.  "Qualified  reservation."  (a) [Lands held by an Indian nation or
tribe that is located within the reservation of that nation or tribe  in
the state;
  (b)] Lands within the state over which an Indian nation or tribe exer-
cises  SOVEREIGN  governmental power and that are either (i) held by the
Indian nation or tribe subject to  restrictions  by  the  United  States
against  alienation PURSUANT TO THE SENECA NATION (NEW YORK) LAND CLAIMS
SETTLEMENT ACT (25 U.S.C. 1774 ET SEQ.), or (ii) held in  trust  by  the
United States for the benefit of such Indian nation or tribe PURSUANT TO
THE INDIAN REORGANIZATION ACT (25 U.S.C. 461 ET SEQ.);
  [(c)]  (B) Lands held by the Shinnecock Tribe or the Poospatuck (Unke-
chauge) Nation within their respective reservations; or
  [(d)] (C) Any land that falls within paragraph (a) [or  (b)]  of  this
subdivision,  and  which  may  be  sold  and replaced with other land in
accordance with an Indian nation's or  tribe's  land  claims  settlement
agreement with the state of New York, shall nevertheless be deemed to be
subject to restriction by the United States against alienation.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-03-1

S3866A - Details

See Assembly Version of this Bill:
A5151B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L

S3866A - Summary

Relates to the definition of Indian reservation; ties such term to certain treaties.

S3866A - Sponsor Memo

S3866A - Bill Text download pdf

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

                                 3866--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the tax law, in relation to the definition of "qualified
  reservation"

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

  Section 1. 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, is amended to
read as follows:
  16. "Qualified reservation." (a) [Lands held by an  Indian  nation  or
tribe  that is located within the reservation of that nation or tribe in
the state;
  (b)] Lands within the state over which an Indian nation or tribe exer-
cises governmental power and that are either  (i)  held  by  the  Indian
nation  or  tribe  subject  to restrictions by the United States against
alienation, or (ii) held in trust by the United States for  the  benefit
of such Indian nation or tribe;
  [(c)]  (B) Lands held by the Shinnecock Tribe or the Poospatuck (Unke-
chauge) Nation within their respective reservations; or
  [(d)] (C) Any land that falls within paragraph (a) [or  (b)]  of  this
subdivision,  and  which  may  be  sold  and replaced with other land in
accordance with an Indian nation's or  tribe's  land  claims  settlement
agreement with the state of New York, shall nevertheless be deemed to be
subject to restriction by the United States against alienation.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-04-1

S3866B - Details

See Assembly Version of this Bill:
A5151B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L

S3866B - Summary

Relates to the definition of Indian reservation; ties such term to certain treaties.

S3866B - Sponsor Memo

S3866B - Bill Text download pdf

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

                                 3866--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  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 to amend the tax law, in relation to the definition of "qualified
  reservation"

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

  Section  1.  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,  is  amended  to
read as follows:
  16.  "Qualified  reservation."  (a)  Lands held by an Indian nation or
tribe that is located within the reservation of that nation or tribe  in
the  state,  EXCEPT  FOR  LANDS  HELD BY THE CAYUGA INDIAN NATION OF NEW
YORK;
  (b) Lands within the state over which an Indian nation or tribe  exer-
cises  governmental  power  and  that  are either (i) held by the Indian
nation or tribe subject to restrictions by  the  United  States  against
alienation,  or  (ii) held in trust by the United States for the benefit
of such Indian nation or tribe;
  (c) Lands held by the Shinnecock Tribe or the Poospatuck  (Unkechauge)
Nation within their respective reservations; or
  (d)  Any  land that falls within paragraph (a) or (b) of this subdivi-
sion, and which may be sold and replaced with other land  in  accordance
with an Indian nation's or tribe's land claims settlement agreement with
the  state  of  New  York, shall nevertheless be deemed to be subject to
restriction by the United States against alienation.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-07-1

S3866C (ACTIVE) - Details

See Assembly Version of this Bill:
A5151B
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L

S3866C (ACTIVE) - Summary

Relates to the definition of Indian reservation; ties such term to certain treaties.

S3866C (ACTIVE) - Sponsor Memo

S3866C (ACTIVE) - Bill Text download pdf

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

                                 3866--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  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 -- recommitted to the  Committee  on  Investigations
  and  Government Operations in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to  amend the tax law, the Indian law and the real property tax
  law, in relation to the definition of "qualified reservation"

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

  Section  1.  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,  is  amended  to
read as follows:
  16.  "Qualified  reservation."  (a) Lands [held by an Indian nation or
tribe that is located within the reservation of that nation or tribe  in
the  state]  WITHIN  THE  STATE  OVER  WHICH  AN  INDIAN NATION OR TRIBE
LAWFULLY EXERCISES TRIBAL SOVEREIGNTY;
  (b) Lands within the state over which an Indian nation or tribe  exer-
cises  governmental  power  and  that  are either (i) held by the Indian
nation or tribe subject to restrictions by  the  United  States  against
alienation  PURSUANT  TO THE SENECA NATION (NEW YORK) LAND CLAIM SETTLE-
MENT ACT (25 USC 1774 ET SEQ.), or (ii) held  in  trust  by  the  United
States  for  the  benefit of such Indian nation or tribe PURSUANT TO THE
INDIAN REORGANIZATION ACT (25 USC 461 ET SEQ.);
  (c) Lands held by the Shinnecock Tribe or the Poospatuck  (Unkechauge)
Nation within their respective reservations; or
  (d)  Any  land that falls within paragraph (a) or (b) of this subdivi-
sion, and which may be sold and replaced with other land  in  accordance

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-09-2

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