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Bill affects definition of 'qualified reservation' in New York state





A bill in the New York Legislature changes the definition of "qualified reservation" in state law.

Currently, a "qualified reservation" includes lands owned by a tribe. The bill changes the definition by requiring the lands to be in trust, or to be lands over which a tribe exercises jurisdiction.

In 2010, the New York Court of Appeals ruled that the Cayuga Nation could sell tax-free tobacco at two smoke shops. The court said the facilities are located on a "qualified reservation" even though the properties weren't actually in trust.

Sponsors of the bill said it will address tobacco tax, property tax and other tax disputes.

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Proposed law would change definition of 'qualified reservation' (The Oneida Dispatch 6/14)