A resolution intended to push Gov. David Paterson to do his part in collecting sales taxes from Cayuga Indian Nation of New York businesses was pulled last week during the Ways and Means Committee meeting.

The resolution sought to push the state to order, print and issue tax exemption coupons for members of Indian tribes.

Legislators decided it was better to wait and see how the court rules on some of the issues before pursuing this measure, said Raymond Lockwood, R-Aurelius, who made a motion to pull the resolution during the meeting.

“There were some issues being discussed at this point. We want to see them played out before we introduce it,” he said.

Lockwood said he discussed the resolution with a few legislators and Cayuga County Attorney Frederick Westphal and they concluded this measure should be taken off the table for now. It may be re-introduced at a later time.

The tax coupons should not be one of the topics discussed in court because they are not relevant to the situation and the county does not want to send the wrong message, said Union Springs resident and legislator George Fearon.

The state will still need to deal with it in the future but at this point, the tax coupons are not related to the counties' argument that the Cayuga Indian Nation should pay taxes in both counties, Fearon said.

“I do think in the long-run that it should be done but in the short-run we've got a court situation going on right now and I think we need to not send mixed signals,” he said.

Cayuga County District Attorney Jon Budelmann said he believes the Cayuga Indian Nation does not need coupons.

A simpler solution would be to have members of the Cayuga Nation show their Cayuga identification during the purchase of tobacco products.

Budelmann also said he would rather the county come up with a resolution urging Paterson to enforce the tax laws instead.

“I don't think they need to issue coupons. What they need to do is enforce the law that they have,” he said.

Cayuga Indian Nation lawyer Daniel French, who previously said the proposed measure conflicted with statements made by the Cayuga and Seneca counties' lawyers, was not surprised to hear the resolution is not currently moving forward.

“Respectfully, it appears that (the counties) now understand how their actions were and are undermining their lawyers' arguments,” he said.

Staff writer Gitana Mirochnik can be reached at

253-5311 ext. 237 or gitana.mirochnik@lee.net