indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Indian Law Online Master Degree - University of Tulsa College of Law
Advertise on Indianz.Com
Home > News > Headlines

printer friendly version
House leader vows fight against tobacco tax bill
Wednesday, February 4, 2004

The Congressional Native American Caucus will work to kill tobacco tax legislation that opens up tribes to state jurisdiction, a key House lawmaker said on Tuesday.

Rep. Dale Kildee (D-Mich.), the Democratic co-chair of the caucus, said there were efforts underway to defeat H.R.2824, the Internet Tobacco Sales Enforcement Act. At the impact week meeting of the the United South and Eastern Tribes (USET), he called the bill an intrusion on tribal sovereignty.

"It's contrary not only to the Constitution, it's contrary to specific federal law," Kildee told tribal leaders who gathered in the Washington, D.C., area.

Agreeing was Mark Van Norman, the executive director of the National Indian Gaming Association (NIGA), the largest inter-tribal gaming organization. He said the bill has "far-reaching effects" because it authorizes states to enforce their laws in Indian Country.

But the harshest provision, he said, would allow states to bring lawsuits, in federal court, against "persons" who try to avoid state tobacco taxes. The bill defines "persons" to include tribal governments and Indian retailers, and it toughens civil fines and criminal penalties for alleged violators.

"So that means the state attorney general, they don't go to the federal government and say let's sit down on a government-to-government basis," he said, "they take you into federal court."

The House Judiciary Committee passed H.R.2824 by a voice vote last week. In response to tribal complaints, lawmakers included a "savings clause" that attempts to protect tribes that have tobacco tax agreements with states. But Van Norman said the language doesn't go far enough to protect tribal sovereignty.

Kildee said Indian Country advocates are working to kill the offensive language. He also said Rep. Richard Pombo (R-Calif.) -- whom he called "a great defender of sovereignty" -- has asked for a referral to the House Resources Committee.

Pombo chairs the Resources Committee, which has jurisdiction over Indian issues. So far, all of the work on the bill has been done by the Judiciary Committee.

"The House Judiciary Committee should know the Constitution, should know what federal laws are on the books -- those acts date back to 1790 -- they should know that," Kildee said.

From the tribal end, Van Norman said lobbyists want to bring the House Commerce Committee into negotiations because the bill redefines inter-state commerce to include Indian lands.

The Senate version of the bill, known as the Prevent All Cigarette Trafficking Act, was passed in December. Sens. Ben Nighthorse Campbell (R-Colo.) and Daniel Inouye (D-Hawaii), the chairman and vice-chairman of the Senate Indian Affairs Committee, were able to remove the language that would have abrogated tribal sovereign immunity.

But provisions related to state enforcement remain. Tribal advocates are worried these could be interpreted to apply not only to Indian-owned Internet businesses but to brick-and-mortar shops as well.

Supporters of the bill include anti-smoking groups, tobacco manufacturers, law enforcement and convenience store owners. The Campaign for Tobacco Free Kids believes it will prevent youth from smoking. American Indian and Alaska Native teens have the highest rate of tobacco use among all ethnic and racial groups.

This coalition makes it harder for tribes to press their views, Van Norman said. "It's a tougher situation now," he said. "No one wants to see kids smoking. We don't want to see people doing wrongful things against the American government."

"But we do want to preserve tribal sovereignty. We do need to preserve tribal sovereign immunity," he said.

Get the Bills:
Internet Tobacco Sales Enforcement Act (H.R.2824) | PACT Act (S.1177)

Relevant Links:
National Congress of American Indians - http://www.ncai.org
Campaign for Tobacco Free Kids - http://www.tobaccofreekids.org

Related Stories:
Tobacco tax bill has broad group of supporters (2/2)
Tobacco tax bill still poses challenges for Indian Country (12/16)
Tribes left out of Internet and cigarette tax bills (11/19)

Copyright 2000-2003 Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Northern Cheyenne student receives top honor (5/22)
Lakota Country Times: Newspaper takes home a slew of awards (5/22)
James Davies: The new tactic is to pretend racism doesn't exist (5/22)
Thomas O'Rourke: Yurok Tribe is a leader in forest restoration (5/22)
Terese Marie Mailhot: Message to all young Native Americans (5/22)
Matt Remle: Tribal nations take a stand to protect Turtle Island (5/22)
DOJ proposes bill to improve access to voting in Indian Country (5/22)
Sisseton Wahpeton Oyate ready to exercise VAWA jurisdiction (5/22)
Grande Ronde Tribes await decision on flying flag at high school (5/22)
Cherokee Nation sues pharmaceutical firms over drug products (5/22)
Snoqualmie Tribe reports result of election for five council seats (5/22)
Law Article: Navajo Nation wages battle over 'Navajo' products (5/22)
Review: A son leads his father into the wild with 'Medicine Walk' (5/22)
Saginaw Chippewa Tribe to distribute $2.7M in gaming revenues (5/22)
Prairie Island Indian Community eyes $19M expansion at casino (5/22)
Creek Nation seeks Native workers for $329M casino expansion (5/22)
Eastern Shawnee Tribe to debut rodeo event at reopened casino (5/22)
Opinion: Poarch Creeks need state to protect gaming enterprise (5/22)
Native Sun News: North Dakota tribe hit with another brine spill (5/21)
Lakota Country Times: NAIHC presents honor for lifetime service (5/21)
Ivan Star: I'm finding it hard to stand for 'Star Spangled Banner' (5/21)
Senate Indian Affairs Committee holds field hearing in Oklahoma (5/21)
Haskell University announces cuts to troubled athletics program (5/21)
Crystal Echo Hawk: Indian Country still invisible to philanthropy (5/21)
Judge won't require school to allow eagle feather at graduation (5/21)
School apologizes for teaching song about brutal Indian mission (5/21)
Coquille Tribe hosts National Indian Timber Symposium in June (5/21)
Pokagon Band to file land-into-trust application at housing site (5/21)
St. Regis Mohawk Tribe to hold election for chief and sub-chief (5/21)
Keweenaw Bay Indian Community to honor Civil War veterans (5/21)
Yakama Nation woman sentenced to 10 years for child abuse (5/21)
Heroin blamed for crash near Saginaw Chippewa Tribe school (5/21)
Navajo Nation business opens tech data center in New Mexico (5/21)
Opinion: Indian Country left out of nation's economic recovery (5/21)
Review: 'Hoop Jumper' offers look at allotment era in Oklahoma (5/21)
Opinion: Putting a woman on $20 bill might not be an easy task (5/21)
Opinion: Today's Indian wars are being fought over new casinos (5/21)
Oneida Nation close to opening of new gaming facility on June 2 (5/21)
Tribes hail movement on bill for one more casino in Connecticut (5/21)
Mashpee Wampanoag Tribe hoping for casino decision this year (5/21)
Forest County Potawatomi Tribe buys properties next to casino (5/21)
Native Sun News: Cheyenne River elder cast in forthcoming film (5/20)
Lakota Country Times: Oglala Sioux fighter set for new matches (5/20)
Audio from Senate Indian Affairs Committee hearing on water (5/20)
NCAIED set to return to DC with Reservation Economic Summit (5/20)
Mary Pember: New allies in battle against Indian youth suicide (5/20)
Harlan McKosato: It's time to change school policy on feathers (5/20)
Bryan Newland: Important context on land-into-trust process (5/20)
Jay Daniels: Indian Country forced to choose among two evils (5/20)
Anthony Trujillo: A cultural ambassador with the Peace Corps (5/20)
Mark Rogers: Some truths of the ethnic experience in America (5/20)
Indian schools go without fixes while military schools see $5B (5/20)
Indian student in federal court over right to wear eagle feather (5/20)
Pascua Yaqui Tribe hosts Violence Against Women Act training (5/20)
Tribal traditions put to use for battle against substance abuse (5/20)
Apology sought for treatment of tribes at grizzly bear meeting (5/20)
SCOTUSBlog: DOJ urges denial of petition in tribal court dispute (5/20)
County board calls on NFL team to eliminate its racist mascot (5/20)
Native Sun News: Northern Cheyenne Tribe names casino hire (5/20)
Judge again refuses to stop Jamul Band from building casino (5/20)
Connecticut lawmakers weigh bill for one more tribal casino (5/20)
Judge dismisses gaming case filed by Cayuga Nation faction (5/20)
Native casino in Saskatchewan on track with expansion plan (5/20)
Native Sun News: Program helps offenders rebuild their lives (5/19)
Lakota Country Times: Oglala Sioux Tribe seeks water funding (5/19)
Native Sun News: Comments sought on North Dakota pipeline (5/19)
Mark Trahant: Indian Country finds success in diabetes battle (5/19)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.