And now:Ish <[EMAIL PROTECTED]> writes:

Date: Tue, 01 Jun 1999 20:30:26 -0000
From: [EMAIL PROTECTED]

Congressional Record article 2 of 3 Full Display - 3,102 bytes.[Help] THE
TAX FAIRNESS FOR THE STATES ACT OF 1999 -- HON. PETER J. VISCLOSKY
(Extension of Remarks - May 14, 1999) [Page: E967] Link to GPO's PDF
version for this page. --- HON. PETER J. VISCLOSKY in the House of
Representatives THURSDAY, MAY 13, 1999 Mr. VISCLOSKY. Mr. Speaker, I rise
today in support of bipartisan legislation that I am introducing with
Representatives Istook, Sandlin, LaHood, and 17 of my colleagues. The Tax
Fairness for the States Act of 1999 will restore millions of dollars of
lost revenue for the states, and establish an incentive program for those
Native Americans who play by the rules. The Supreme Court has continuously
upheld the states' power to levy taxes on non-tribal members within Native
American Tribal Trust Lands. The problem that remains, however, is the
mechanism to collect these taxes. Our bipartisan measure would solve this
problem. The Tax Fairness for the States Act would authorize the Secretary
of the Interior to promulgate rules to remove those Native Americans lands
from the Tribal Trust on which a retail establishment exists that is not
collecting the proper state excise taxes. This is not a discriminatory
piece of tax legislation aimed at harming Native Americans. Rather, it
focuses on the collection of excise taxes that, according to the Supreme
Court, should have been collected in the first place. This legislation does
not affect transactions between tribal members; it would only impact those
retail establishments that are not collecting and passing on these legal
taxes on non-tribal members. The Tax Fairness Act would protect the rights
of Native Americans by requiring the Secretary of the Interior to promptly
notify any tribe that is under investigation for not forwarding applicable
state taxes and gives them a chance to respond. This notification would set
out the time and manner in which a tribe has to answer the allegations,
including a 90-day comment period in which interested parties could submit
statements and request a formal hearing before the Department of the
Interior. These important provisions will ensure due process for all tribal
members. Furthermore, our legislation contains incentives for tribes who
operate establishments in accordance with the law. The Tax Fairness bill
awards Native Americans who play by the rules by giving priority among
Native American tribes competing for federal grants to those tribes that
can certify their compliance with state law. This measure ensures equity in
the process of state taxation. This is not about Native American
sovereignty, nor is it about discrimination. This measure will give back
the hundreds of millions of dollars that states lose annually because these
taxes are not collected. Support this measure, support tax equity for the
states. 


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