Albany, NY -- Gov. David Paterson’s latest plan to force the state’s Indian nations to pay cigarette taxes rekindled opposition from two of three Central New York tribes. And a Western New York lawmaker predicted enforcing the collection of the tax could lead to violence as it did 20 years ago. “The Seneca Nation will feel it was once again...
Albany, NY -- Gov. David Paterson’s latest plan to force the state’s Indian nations to pay cigarette taxes rekindled opposition from two of three Central New York tribes. And a Western New York lawmaker predicted enforcing the collection of the tax could lead to violence as it did 20 years ago.
“The Seneca Nation will feel it was once again lied to by representatives of the state of New York,” said Republican Sen. George Maziarz, whose district includes the Tuscarora Indian Nation territory. “I suspect, I hope that I’m wrong, that there will be violence and will be people hurt.”
Joeseph Heath, a Syracuse lawyer representing the Onondaga Indian Nation, said Monday it is disappointing that every time the state runs out of money people blame the Indians.
Paterson’s proposal to collect taxes at the wholesale level would raise about $150 million a year. The governor also proposed increasing the state’s cigarette tax by $1.60 to $4.35 a pack, which would make it the highest cigarette tax in the nation.
The cigarette tax and a proposed greater tax on other tobacco products are part of Paterson’s emergency spending bill and would raise an extra $290 million to plug the state’s $9.2 million budget deficit.
On Monday evening, the bill to tax cigarette sales passed the state Senate 32-29. All four of Central New York’s Republican senators — John DeFrancisco, Michael Nozzolio, James Seward and Joseph Griffo — voted against the bill. DeFrancisco said on the Senate floor that he thought taxing Native American cigarette sales was a good idea, but he was voting against the bill because he did not want to raise the cigarette excise taxes collected by non-native businesses.
The region’s two Democratic senators — David Valesky and Darrel Aubertine — voted for the bill.
Heath said Paterson’s proposal, which would go into effect on Sept. 1, stands on shaky legal ground and the Onondagas would challenge it in court. “The way to resolve this is to sit down on a government-to-government basis and try to work this out. This is not the right approach to this,” Heath added.
Like Heath, Oneida Indian Nation spokesman Mark Emery said the Oneidas are only interested in a resolution worked out between the state and Oneidas. Syracuse lawyer Daniel French, who represents the Cayuga Indians, declined comment other than to say the Cayugas are still trying to work out a settlement with Paterson.
Violence erupted the last time the state tried to collect taxes from sovereign Indian nations 20 years ago. Burning tires closed sections of the Thruway that passed through Indian reservations and there were reported shootings on Indian land.
Staff writer Mike McAndrew contributed to this report. Contact Scott Rapp at srapp@syracuse.com or 289-4839.