Bill Text: NY A05151 | 2011-2012 | General Assembly | Amended

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

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2012-06-19 - held for consideration in ways and means [A05151 Detail]

Download: New_York-2011-A05151-Amended.html

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                           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:
    1    Section  1.  Subdivision 16 of section 470 of the tax law, as added by
    2  section 1 of part K of chapter 61 of the laws of  2005,  is  amended  to
    3  read as follows:
    4    16.  "Qualified  reservation."  (a)  Lands held by an Indian nation or
    5  tribe that is located within the reservation of that nation or tribe  in
    6  the  state,  EXCEPT  FOR  LANDS  HELD BY THE CAYUGA INDIAN NATION OF NEW
    7  YORK;
    8    (b) Lands within the state over which an Indian nation or tribe  exer-
    9  cises  governmental  power  and  that  are either (i) held by the Indian
   10  nation or tribe subject to restrictions by  the  United  States  against
   11  alienation,  or  (ii) held in trust by the United States for the benefit
   12  of such Indian nation or tribe;
   13    (c) Lands held by the Shinnecock Tribe or the Poospatuck  (Unkechauge)
   14  Nation within their respective reservations; or
   15    (d)  Any  land that falls within paragraph (a) or (b) of this subdivi-
   16  sion, and which may be sold and replaced with other land  in  accordance
   17  with an Indian nation's or tribe's land claims settlement agreement with
   18  the  state  of  New  York, shall nevertheless be deemed to be subject to
   19  restriction by the United States against alienation.
   20    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