Assembly Bill A5393A

2013-2014 Legislative Session

Relates to the definition of qualified reservation

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Archive: Last Bill Status - In Assembly Committee

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

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5393 - Details

See Senate Version of this Bill:
S4679
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:
2011-2012: S3866
2015-2016: A5439, S3286
2017-2018: A5337, S2576
2019-2020: A4144, S2081
2021-2022: A4988, S2591
2023-2024: A3355

2013-A5393 - Summary

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

2013-A5393 - Bill Text download pdf 

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

                                  5393

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

Introduced  by  M. of A. KOLB, TENNEY, MAGEE -- 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, 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
the  state  of  New  York, shall nevertheless be deemed to be subject to
restriction by the United States against alienation.
  S 2. Section 6 of the Indian law is amended to read as follows:
  S 6. Exemption of reservation lands from taxation.  1. No taxes  shall
be  assessed,  for  any purpose whatever, upon any Indian reservation in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01567-01-3

co-Sponsors

multi-Sponsors

2013-A5393A (ACTIVE) - Details

See Senate Version of this Bill:
S4679
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:
2011-2012: S3866
2015-2016: A5439, S3286
2017-2018: A5337, S2576
2019-2020: A4144, S2081
2021-2022: A4988, S2591
2023-2024: A3355

2013-A5393A (ACTIVE) - Summary

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

2013-A5393A (ACTIVE) - Bill Text download pdf 

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

                                 5393--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 25, 2013
                               ___________

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

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;
  (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[.]; OR
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A),  (B),  (C),  AND
(D)  OF  THIS SUBDIVISION, LANDS HELD BY THE CAYUGA INDIAN NATION OF NEW

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01567-03-4

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