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Senate Bill S3993

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

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2011-S3993 (ACTIVE) - Details

See Assembly Version of this Bill:
A6481
Current Committee:
Senate Investigations And Government Operations
Law Section:
Tax Law
Laws Affected:
Amd §471, Tax L
Versions Introduced in 2009-2010 Legislative Session:
S8316, A11535

2011-S3993 (ACTIVE) - Summary

Eliminates 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.

2011-S3993 (ACTIVE) - Sponsor Memo

2011-S3993 (ACTIVE) - Bill Text download pdf 

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

                                  3993

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 11, 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 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] SHALL APPROVE 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] regard-
ing  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  agree-
ment,  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 immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09523-02-1

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