Senecas Fear Act Will Harm Economy
Senate Says Law Would ‘Snuff Out’ SmugglingBy Sharon Turano, sturano@post-journal.com
Fact Box
"Cigarettes are a lawful product, and this PACT Act is nothing but a money grab."
Barry Snyder
Seneca Nation president
A federal act that Seneca Indians say could harm their economy but a senate sponsor says will "snuff out" black market cigarette smuggling has passed the next hurdle on its way to becoming law.
The Prevent All Cigarette Trafficking Act, also known as the PACT Act, passed the Senate Judiciary Committee on Thursday. It was previously passed by the House of Representatives and will next go to the full Senate, although a vote has not yet been scheduled.
According to its sponsor, Sen. Herbert Kohl, D-Wis., the PACT Act will strengthen the reporting requirements for interstate cigarette sellers, increase criminal penalties for violators, create civil penalties for violations including reporting requirements and state tobacco tax laws, grant federal and state law enforcement officials more powers to investigate and prosecute violators, prohibit the U.S. Postal Service from delivering tobacco products.
Although Kohl said the act is necessary to curb illegal Internet sales that lead to funding criminal and terrorist activity, Seneca Indians report the act could jeopardize Seneca and non-Seneca businesses, their employees and the Seneca Nation government. Privately owned Seneca businesses take cigarette orders via phone and Internet and mail them, which the act would prohibit. The Seneca Nation licenses the businesses, which pay a fee for the licenses. Government revenues would therefore diminish if the entrepreneurs go out of business due to the law's effect. The government revenues, Senecas report, go toward health and education initiatives.
Seneca Nation President Barry E. Snyder said Monday the law's passage could result in up to a 65 percent loss in import/export revenue to the Nation, which funds health and education programs, along with a projected job loss of 1,000 Seneca and non-Seneca positions that stem from mailed cigarette order businesses.
Snyder said the Nation has a state-of-the-art stamping and enforcement mechanism that ensures compliance with a rigorous set of internal regulations, including retailer authorization, minimum pricing and a ban on sales to minors. The Nation works in close partnership with the Federal Bureau of Alcohol, Tobacco and Firearms Enforcement. He alleged the act would benefit big tobacco by steering customers to them and eliminating competitors, like those on Seneca territory.
After learning of the Senate Judiciary Committee's passage, Snyder said there will be "significant economic harm to the Seneca Nation, its members, member enterprises and the Western New York Economy" if the law is passed. He said at a time of record unemployment locally, 1,000 jobs will be taken from the area as a result of the act. Snyder also questioned how President Barrack Obama's recent pledge to help Indian could be made while the act was in the works.
According to Snyder, the PACT Act is a direct contradiction of President Obama's statement to "reverse the U.S. government's history of marginalizing and ignoring the plight of Indian nations."
"We agree with the fundamental goals reflected by the PACT Act, that no one should be engaged in illegal cigarette smuggling. But cigarettes are a lawful product, and this PACT Act is nothing but a money grab ...to destroy legitimate, treaty-sanctioned American Indian commerce," said Snyder. "Senators supporting the PACT Act, especially the New York Senators, should ask themselves why are they letting (tobacco companies) take jobs and money from the Seneca Nation and the Western New York economy?"
Kohl reports the act's intent is to crack down on illegal sales and send consumers to places of purchase where they pay taxes. Kohl said that cigarette trafficking, including the illegal sale of tobacco products over the Internet, costs states billions of dollars in lost tax revenue each year.
"As lost tobacco tax revenue lines the pockets of criminals and terrorist groups, states are being forced to increase college tuition and restrict access to other programs because of these lost revenues," he said.
The Internet represents a new obstacle to enforcement, said Kohl. Illegal tobacco vendors around the world evade detection by conducting transactions over the Internet, and then shipping their illegal products around the country to consumers. Just a few years ago, there were less than 100 vendors selling cigarettes online. Today, approximately 500 vendors sell tobacco products over the Internet, he said.
How that number effects Seneca businesses and whether the law will be passed by the Senate remains to be seen.
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yankee
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11-24-09 2:48 PM
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DianneC, FACT: a woman weighing 125lbs. in high heels does more damage to a road than a 18 wheeler, why? because of weight distribution, a buggie that is loaded with 2-4 people and a horse trolloping along on horseshoes down the road 1000 times will do far more damage than the 18 wheeler going down the same road 1000 times However, the Amish and their tax situation, YOU ARE RIGHT, I verified your previous statements by doing some research and found you are right, I was wrong, I fell victim to a urban myth (my bad), and I will accept an I told you so, you earned it. Thank you for clearing up the misconception on my end. Lesson learned.
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DiAnneC
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11-24-09 1:02 PM
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The bank and credit union in my town have hitching posts to accommodate the Amish patrons. Failing to claim cash income on a tax return is a crime common to all demographic groups. Bottom line, contrary to Yankee's original comment, the Amish are not an "untapped resource." Given the amount of farmland they own, I am convinced that they are paying their fair share and their buggies cause far less wear and tear on roads than our heavy motorized vehicles.
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LindaD
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11-24-09 12:29 PM
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Yankee wrote, " So they do not pay as much as the rest of us, and whos to say they claim what they make on the income tax form, they don't use banks, ever seen an Amish with a debit card?" If Amish don't use banks, how the heck do they write and cash checks??? DOH!
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LindaD
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11-24-09 12:26 PM
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DiAnne C wrote "The AMISH PAY TAXES." Picky, picky, picky! Don't let facts get in the way of an ignorant rant!!! Don't you know that EVERYBODY gets tax breaks except for the hard-working ignoramouses that regularly demonstrate their vast knowledge of the world in this space? /* SARCASM OFF */
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yankee
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11-24-09 12:20 PM
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Tucked away in the 1965 Medicare Bill was a clause exempting the "Old Order Amish" and other religious groups that conscientiously objected to paying insurance premiums from Social Security tax. To be exempt, the group or sect must have been established prior to 1950. So they do not pay as much as the rest of us, and whos to say they claim what they make on the income tax form, they don't use banks, ever seen an Amish with a debit card? And as care2much put it, Why should "religion" be exempt from taxation. The government doesn't believe in God anymore anyway!!!!
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DiAnneC
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11-24-09 11:46 AM
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The AMISH PAY TAXES. I just checked with a town clerk in an area with an Amish community. The Amish pay property taxes, including school taxes, and the Amish buy hunting and fishing licenses as required by NYS law. This clerk states that a large portion of the licenses she sells (possibly a majority) are to the Amish. Amish are also required to file US and NYS Income Tax returns. Let's please stop spreading the same kind of misinformation I sometimes read you accusing others of.
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cindyloucowpatty
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11-24-09 11:02 AM
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I will fight no more forever!
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cares2much
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11-24-09 10:25 AM
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yankee has a point! The Natives were here first and they didn't ask to have their country wrenched away from them and be treated like animals but that is what they got. Why should "religion" be exempt from taxation. The government doesn't believe in God anymore anyway!!!!
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cares2much
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11-24-09 10:23 AM
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They just are not going to give up on the NATIVE AMERICANS of this country are they. I am so sick of the greed and corruption in our state capital. All they want to do is tax the working families until we end up on the streets. Wonder who they'll tax then??? I should change my name from Care2Much to SicknfreakinTired!!!
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shoestore
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11-24-09 8:54 AM
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So freaking sad! That an article on cig taxes creates a rumble about the Amish community! Just because they live differently......they are "evil" non tax paying citizens. BS! If all those who wrote these comments were such good tax paying citizens...they wouldn't be going to the reservation to avoid paying the tobacco tax! The true matter here is our government inability to stay within their limits! Leave the natives, amish and especially the rest of us alone and learn how to balance a budget! As far as this articles comments on education....how can the lottery make so much money and not cover that expense? Where did all the "big" tobacco settlement money go? Ask the right questions people...and leave your neighbor alone!
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sunshinelass
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11-24-09 8:28 AM
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egads. Just love those non- smokers on high horses. Gee I cant think of a single Black reservation. I agree about the amish. dont forget they dont even have to pay for fishing and hunting permits. And they spend lots of time fishing our lake.
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sunshinelass
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11-24-09 8:28 AM
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egads. Just love those non- smokers on high horses. Gee I cant think of a single Black reservation. I agree about the amish. dont forget they dont even have to pay for fishing and hunting permits. And they spend lots of time fishing our lake.
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DiAnneC
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11-24-09 8:20 AM
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To the best of my knowledge, Amish pay property taxes, including school taxes for schools that their children do not attend and county and town taxes which maintain most of the roads they drive on. The Conewango Amish community is definitely not wealthy and their homes are meager. A quick google search found that Amish may apply for an exemption to pay Social Security tax since they refuse these benefits, but they are required to pay income and all other taxes.
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Rosebud
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11-24-09 7:18 AM
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The Amish do not have a Son in an Ohio Prison for selling Black-Market Cigarettes !!!!! No one has to serve in the Military. It is voluntary I don't think a little Manure will hurt us either. & yes they should pay taxes also. But Manure does not cause Cancer & maybe if they have to pay more for the Cigarettes, in the form of NYS taxes, it just may cause more people to quit smoking.. I know I don't like 2nd hand smoke !!!! This is a bit like paying the Blacks because they came from slaves. Time has passed !!! Get over it !!! My Great-Grandmother was a full blooded Cherokee & I pay my taxes !!!!! No problem !!!
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plumber
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11-24-09 7:03 AM
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Paterson go after the amish,yankee is right,they don't have to serve in the military,pay any taxes,yet they ride down our roads and if you hit one with your car its your fault,tell me they don't have utilities,hell they live in better houses than most.OUTLAWS!!
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yankee
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11-24-09 6:37 AM
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Why don't they leave the Natives alone and tax the Amish? they are an untapped resource too. They destroy our roads with their buggies and horse manure, live right next to the rest of us, shop at the same stores, sell goods to us, run family buisnesses, hunt year round, and have not paid any taxes. If anybody needs taxed its them!
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deborahcowan
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11-24-09 6:31 AM
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leave the indians alone.
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