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:
Lakota Country Times: Missing Oglala Sioux woman found dead (2/11)
Doug George-Kanentiio: Town repays Oneida Nation with racism (2/11)
Brandon Ecoffey: Treaties guaranteed health care for our people (2/11)
Vincent Armenta: Chumash Tribe battles opponents at every turn (2/11)
Michael Marchand: Arrow Lakes people still fighting for our rights (2/11)
Steven Newcomb: Federal Indian law based on invented realities (2/11)
Native basketball tournament bars player who lacks Indian blood (2/11)
Armed occupation of wildlife refuge in Oregon ends with arrests (2/11)
Native activists ask Obama to help with liquor sales in Whiteclay (2/11)
South Dakota lawmakers kill bill to support return of land to tribes (2/11)
Miami Nation agrees to forfeit $48M from online lending business (2/11)
Fort McDowell Yavapai Nation creates $1.2M endowment at ASU (2/11)
Colville Tribes issue citation for death of rare owl on reservation (2/11)
Fort Independence Indian Community cheated by former partner (2/11)
Paskenta Band donates $125K to buy new vehicle for firefighters (2/11)
Man pleads guilty for dealing meth on Mescalero Apache Nation (2/11)
Public high school gives up racist mascot in response to new law (2/11)
Morongo Band and San Manuel Band question fantasy sports bill (2/11)
Former Sac and Fox Nation casino employee charged with theft (2/11)
Jena Band of Choctaw Indians celebrates 3rd birthday of casino (2/11)
Schaghticoke Tribal Nation again told it can't accept casino bids (2/11)
Editorial: Measure stops Lytton Band from pursuing new casinos (2/11)
Obama seeks another increase for Indian Health Service budget (2/10)
Six of 12 Indian Health Service area directors in 'acting' capacity (2/10)
Lakota Country Times: Indian lawmakers oppose drug testing bill (2/10)
Vince Two Eagles: The rez of the story about treaty-making in US (2/10)
Kristi Noem: Indian Health Service remains in state of emergency (2/10)
Chase Iron Eyes: Real sovereigns don't disenroll their own people (2/10)
Gyasi Ross: African and Native Americans fought for their survival (2/10)
Albert Bender: Tribes should reclaim land from unratified treaties (2/10)
John Lavelle: Supreme Court weighs key tribal sovereignty issue (2/10)
Women take top three leadership positions at Menominee Nation (2/10)
Northern Arapaho Tribe seeking to repatriate remains of students (2/10)
White Mountain Apache Tribe considers change to blood quantum (2/10)
Blackfeet Nation citizens still talking about constitutional reforms (2/10)
Sweat lodge at Army post helps with PTSD treatment for veterans (2/10)
Confederated Salish and Kootenai Tribes welcome return of land (2/10)
Donald Trump and Bernie Sanders win big in New Hampshire vote (2/10)
Prairie Island Indian Community unveils $19M gaming expansion (2/10)
Keweenaw Bay Indian Community approves upgrades at casinos (2/10)
Seminole Tribe's gaming compact takes a step forward in Florida (2/10)
Schaghticoke Tribal Nation insists on pursuing Connecticut casino (2/10)
National campaign launched to stop tribal disenrollment epidemic (2/9)
President Obama seeks $2.9B budget for Bureau of Indian Affairs (2/9)
Office of Special Trustee budget request remains steady at $140M (2/9)
Bureau of Reclamation emphasizes tribal water rights settlements (2/9)
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.