Bill Text: NY S08351 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs the secretary of state to establish a Native nation consultation policy used by state agencies in instances where a proposal by such agency that would affect indigenous communities is under consideration.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-29 - PRINT NUMBER 8351A [S08351 Detail]

Download: New_York-2023-S08351-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8351--A

                    IN SENATE

                                    January 19, 2024
                                       ___________

        Introduced  by Sens. KENNEDY, MAY -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government  Operations  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the executive law, in relation to establishing a  Native
          nation consultation policy

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new  article  15-D
     2  to read as follows:
     3                                ARTICLE 15-D
     4                     NATIVE NATIONS CONSULTATION POLICY
     5  Section 328-d. Native nations consultation policy.
     6    §  328-d.  Native  nations  consultation  policy.  1.  As used in this
     7  section, the following terms shall have the following meanings:
     8    (a) "Native nation" shall mean one of the  following  New  York  state
     9  sovereign Indian nations or tribes: Cayuga Nation, Oneida Indian Nation,
    10  Onondaga  Nation,  Poospatuck  or  Unkechauge Nation, Saint Regis Mohawk
    11  Tribe, Seneca Nation of Indians,  Shinnecock  Indian  Nation,  Tonawanda
    12  Band of Seneca and Tuscarora Nation.
    13    (b)  "State  agency"  shall mean (i) any state department, or (ii) any
    14  division, board, commission or bureau of any state department, or  (iii)
    15  the  state  university  of New York and the city university of New York,
    16  including all their constituent units except community colleges and  the
    17  independent  institutions  operating  statutory  or contract colleges on
    18  behalf of the state, (iv) a board,  a  majority  of  whose  members  are
    19  appointed by the governor or who serve by virtue of being state officers
    20  or  employees as defined in subparagraph (i), (ii) or (iii) of paragraph
    21  (i) of subdivision one of section seventy-three of the  public  officers
    22  law,  or (v) a state authority, as defined in subdivision one of section
    23  two of the public authorities law.
    24    2. The secretary of state shall promulgate a Native  nation  consulta-
    25  tion  policy  to be used by state agencies in instances where a proposal

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13651-04-4
        S. 8351--A                          2

     1  by such agency that would affect indigenous communities is under consid-
     2  eration.
     3    3. Such Native nation consultation policy shall at a minimum include:
     4    (a)  Meaningful  consultation  sessions  which  allow  for  discussion
     5  between the governing body of the directly affected  Native  nation  and
     6  state agency personnel;
     7    (b)  Notice  to  the affected Native nation governing body provided at
     8  least thirty  days  in  advance  of  the  first  scheduled  consultation
     9  session, containing sufficient detail of the topic to allow Nation lead-
    10  ers an opportunity to fully engage in the consultation;
    11    (c)  A  requirement  that the key state agency personnel applicable to
    12  such proposal participate in the consultation sessions;
    13    (d) Recording of the proceedings of consultation sessions,  which  may
    14  include, but are not limited to, transcripts or meeting notes; and
    15    (e)  A  final  response  from the state agency regarding how input was
    16  incorporated into the final decision of the agency following the conclu-
    17  sion of the consultation sessions.
    18    4. The Native nation consultation policy promulgated pursuant to  this
    19  section  shall  be  utilized  when  any  state  agency action would have
    20  substantial direct effects on:
    21    (a) One or more Native nation;
    22    (b) The relationship between state government and Native nations; or
    23    (c) The distribution  of  power  and  responsibilities  between  state
    24  government and Native nations.
    25    § 2. This act shall take effect immediately.