Legislators rail against tax parity

By Liz Hacken / The Citizen

Tuesday, January 4, 2005 9:38 AM EST

With land claim settlement talks with the Cayuga Nation apparently off again, Cayuga County Legislator George Fearon sees this as an ideal time for the county to tell Gov. George Pataki what should be deleted from any future settlements: Tax parity.
Fearon, R-Springport, brought a resolution before the Legislature's Planning and Economic Development Committee Monday night that urges the governor to carefully consider the economic implications of any land claim settlements.

The resolution is neutral on whether a settlement is the best resolution to the long-standing land claim issue.

"We need to send a strong message to the governor to come up with settlements that do not involve parity," said Fearon, who chairs that committee.

The state's negotiated settlement with the Cayuga Nation in November called for a tax parity to be established "for all sales by Nation vendors of alcohol, cigarettes, gasoline and other retail products and services to non-Indians on Cayuga Treaty Land."

That system means businessmen in the Cayuga Nation would not be required to charge or remit sales tax on virtually anything sold in their establishments within the land claim area, Fearon said.

"Separate taxation is not equal," he said.

An agreement between the state and the Seneca-Cayuga Tribe of Oklahoma reached at the same time as the one with the Nation does not ask for tax parity.

The county could stand to lose millions in tax revenue if the parity is established.

"We have to look very far-sighted," Fearon said. "We can't be detrimental to businesses and government that need funding to keep going."

But Legislator Steve Netti questioned whether the county should be worried more about taxes or taking land off the property tax rolls. A provision in the settlement called for at least 2,500 acres of land within the land claim area - Cayuga and Seneca counties -to go back to the Nation.

If Pataki listens to this resolution, he could lose one of the state's most powerful negotiation tools in the settlement process, Netti said.

"You're going to stop negotiations with this," he said.

Netti and Sam DeRosa, R-Auburn, wanted to wait to sign the resolution until after Jan. 11, when the Sherill land claim case is to be argued before the U.S. Supreme Court. The other committee members present - Fearon, Paul Dudley, Steve Cuddeback and Ray Lockwood - supported the resolution.

Staff writer Liz Hacken can be reached at 253-5311 ext. 267 or elizabeth.hacken@lee.net

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