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Assembly Bill A5151B

2011-2012 Legislative Session

Relates to the definition of qualified reservation

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A5151 - Details

See Senate Version of this Bill:
S3866
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4679
2015-2016: S3286
2017-2018: S2576
2019-2020: S2081
2021-2022: S2591

2011-A5151 - Summary

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

2011-A5151 - Bill Text download pdf 

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

                                  5151

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M.  of  A. KOLB -- Multi-Sponsored by -- M. of A. FINCH,
  OAKS -- read once and referred to the Committee on Ways and Means

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.
                                                           LBD05621-01-1

co-Sponsors

multi-Sponsors

2011-A5151A - Details

See Senate Version of this Bill:
S3866
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4679
2015-2016: S3286
2017-2018: S2576
2019-2020: S2081
2021-2022: S2591

2011-A5151A - Summary

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

2011-A5151A - Bill Text download pdf 

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

                                 5151--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M.  of A. KOLB, TENNEY -- Multi-Sponsored by -- M. of A.
  FINCH, OAKS -- read once and referred to the  Committee  on  Ways  and
  Means  --  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.
                                                           LBD05621-05-1

co-Sponsors

multi-Sponsors

2011-A5151B (ACTIVE) - Details

See Senate Version of this Bill:
S3866
Current Committee:
Assembly Ways And Means
Law Section:
Tax Law
Laws Affected:
Amd §470, Tax L; amd §6, Indian L; amd §454, RPT L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4679
2015-2016: S3286
2017-2018: S2576
2019-2020: S2081
2021-2022: S2591

2011-A5151B (ACTIVE) - Summary

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

2011-A5151B (ACTIVE) - Bill Text download pdf 

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

                                 5151--B

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 14, 2011
                               ___________

Introduced  by  M.  of A. KOLB, TENNEY -- Multi-Sponsored by -- M. of A.
  FINCH, OAKS -- read once and referred to the  Committee  on  Ways  and
  Means  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted  to  said  committee  --  recommitted  to  the
  Committee on Ways and Means in accordance with Assembly Rule 3, sec. 2
  --  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
with an Indian nation's or tribe's land claims settlement agreement with

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05621-08-2

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