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A House committee delayed a decision Wednesday on a
bill that would charge the state4s cigarette tax to packs sold on tribal
reservations. The vote to wait on the bill came after two hours of testimony,
most of it against the measure by members of the state4s five tribes.
We4re talking about rural economies here, Nez Perce Tribal Chairman
Samuel Penney said. Penney said he found it ironic that he spent time
marlboro cigarettes online recently at the kickoff
of the nationwide Lewis and Clark Bicentennial promoting Idaho to people
around the country, but he has to spend so much time in Boise defending
his tribe4s sovereignty. He was joined by Coeur d4Alene leader Ernie
Stensgar, Blaine Edmo of the Shoshone-Bannock tribe and former Attorney
General Larry EchoHawk in opposing the bill. Tribal store marlboro cigarettes
online managers and leaders from other tribes attended as well. Not
only could the tax be devastating to tribal economies, they said, but
it could end up cutting money for reservation marlboro cigarettes
online services (paid for with tribal cigarette taxes) in favor
of state services that may not even be offered on reservations.

Former state Rep. Don Pischner, who now represents a group of tobacco
retailers, proposed and pitched the bill, which would make tobacco wholesalers
pay the tax on all cigarette marlboro cigarettes online
packs they distribute. Now, tribal sales are exempt, and though the
U.S. Supreme Court has ruled the state can4t tax tobacco sales within
the tribes, it is legal to make reservation stores charge the tax to
non-tribal customers. Pischner4s bill would address this by creating
a complex formula for estimating how many cigarettes are actually sold
to tribal members, and the stores would receive a rebate on those. Pischner
said it4s not fair to the tobacco marlboro cigarettes
online retailers near reservations to have this competitive disadvantage,
and he said cartons of cigarettes often sit unsold on store racks in
northern Idaho. Why would you buy a carton when you could pool your
money and get a pickup load and bring them back home? he said.

But Pischner worked to make other points, too. He said smoking has killed
two of his friends and left another facing serious surgery. And he and
one of two others to support the measure insinuated that tribal stores
are more likely to sell tobacco products to minors. But tribal leaders
refuted that, and Challis GOP Rep. Lenore Barrett said experience shows
non-tribal tobacco sellers have been caught doing the same thing. Barrett
and Pocatello Rep. Elmer Martinez tried to kill the bill Wednesday in
the House Revenue and Taxation Committee, but they were outvoted by
those who want to pass it and others who had more questions than answers
by the end of marlboro cigarettes online the two-hour
meeting. Barrett said she thought the bill crossed tribal sovereignty
lines, was impractical as it was written and was a tax increase. I don4t
propose to raise taxes on anybody or anything, she said.And at first,
it looked as if her motion would pass. EchoHawk, who is now teaching
law at Brigham Young University but still a special counsel for the
Sho-Bans at the Fort Hall Reservation near Blackfoot, outlined the history
behind marlboro cigarettes online the issue and laid
out some of the reasons the tribes aren4t faced with the tax today.
In 1974, after the state Tax Commission tried to collect the tax on
the Coeur d4Alene Reservation, the Idaho Supreme Court ruled the state
had no jurisdiction. In the years that followed, the Sho-Bans and others
began economic development projects based on these tax immunities.
Now, many of them rely on their own cigarette tax each reservation has
a different level of taxation, and each applies it differently. By 1980,
when the U.S. Supreme Court said there was no obstacle to taxing cigarette
sales to non-Indians, the tobacco businesses had provided enough income
and jobs on reservations plagued by high unemployment and poverty that
the Legislature forbid the Tax Commission from collecting them. The
reasons, EchoHawk said, were the same as they marlboro cigarettes
online are today. Jobs unemployment was, and is, much higher on the
reservations than anywhere else in the state. Tribal governments provide
the primary services on reservations, including roads, schools, police
and more.

He and the tribes called for a legislative study committee to look at
how revenues and services play out on Indian lands. The American Indians
who spoke covered ground the committee hadn4t in its earlier discussion
of the bill, but the majority Pischner thought he had might have held
together if the tobacco wholesalers hadn4t spoken marlboro cigarettes
online against the bill. Idaho Wholesale Marketers Association
lobbyist Karleane Allen said the changes have her members confused,
even after talking to the state Tax Commission. We don4t know how to
do it, she said. Rexburg Republican Rep. Dell Raybould made the motion
to hold the bill for a week. It passed 11-7.