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Minutes for SB202 - Committee on Federal and State Affairs
Short Title
Approving a compact between the Kickapoo Tribe in Kansas and the State of Kansas relating to cigarette and tobacco sales, taxation and escrow collection.
Minutes Content for Tue, Mar 7, 2017
Chairperson LaTurner opened the hearing on SB 202.
Jeff Chanay stated that the Office of the Attorney General supports SB 202. This bill is the legislature's ratification of the State's tobacco sales and taxation compact with the Kickapoo Tribe in Kansas.
The Office of the Attorney General believes that this compact will be an effective tool to aid the State in its diligent enforcement efforts, and thereby protect the revenue stream that was bargained for when the MSA was finalized in 1998 (Attachment 2).
Jordan Brewer stated that Kansas must account for all cigarette sales on qualified tribal lands regardless of whether state-excise tax is paid. The purpose of these compacts is to help provide Kansas with the information to "diligently enforce" the Master Settlement Agreement (MSA) statutes (Attachment 3).
Mark Dodd stated that the Attorney General's Office (AG) discussed with the Office of the Governor the situation regarding how tribal sales of cigarettes can have a detrimental effect on current and future MSA payments to the State. Because of jurisdictional issues and the unsettled nature of case law on these issues, the AG explained that the majority of states have approached Native American tribes in their respective states and negotiated compacts to ensure the MSA payments are not affected by tribal sales (Attachment 4).
Whitney Damron was appearing before the committee on behalf of the Kickapoo Tribe in Kansas in support of SB 202 (Attachment 5).
Chairperson LaTurner closed the hearing on SB 202.
