Senate Bill S8351A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8351--A
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. The executive law is amended by adding a new  article  15-D
 to read as follows:
                               ARTICLE 15-D
                    NATIVE NATIONS CONSULTATION POLICY
 SECTION 328-D. NATIVE NATIONS CONSULTATION POLICY.
   §  328-D.  NATIVE  NATIONS  CONSULTATION  POLICY.  1.  AS USED IN THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "NATIVE NATION" SHALL MEAN ONE OF THE  FOLLOWING  NEW  YORK  STATE
 SOVEREIGN INDIAN NATIONS OR TRIBES: CAYUGA NATION, ONEIDA INDIAN NATION,
 ONONDAGA  NATION,  POOSPATUCK  OR  UNKECHAUGE NATION, SAINT REGIS MOHAWK
 TRIBE, SENECA NATION OF INDIANS,  SHINNECOCK  INDIAN  NATION,  TONAWANDA
 BAND OF SENECA AND TUSCARORA NATION.
   (B)  "STATE  AGENCY"  SHALL MEAN (I) ANY STATE DEPARTMENT, OR (II) ANY
 DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR  (III)
 THE  STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
 INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND  THE
 INDEPENDENT  INSTITUTIONS  OPERATING  STATUTORY  OR CONTRACT COLLEGES ON
 BEHALF OF THE STATE, (IV) A BOARD,  A  MAJORITY  OF  WHOSE  MEMBERS  ARE
 APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING STATE OFFICERS
 OR  EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH
 (I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE  PUBLIC  OFFICERS
 LAW,  OR (V) A STATE AUTHORITY, AS DEFINED IN SUBDIVISION ONE OF SECTION
 TWO OF THE PUBLIC AUTHORITIES LAW.
   2. THE SECRETARY OF STATE SHALL PROMULGATE A NATIVE  NATION  CONSULTA-
 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
 
 BY SUCH AGENCY THAT WOULD AFFECT INDIGENOUS COMMUNITIES IS UNDER CONSID-
 ERATION.
   3. SUCH NATIVE NATION CONSULTATION POLICY SHALL AT A MINIMUM INCLUDE:
   (A)  MEANINGFUL  CONSULTATION  SESSIONS  WHICH  ALLOW  FOR  DISCUSSION
 BETWEEN THE GOVERNING BODY OF THE DIRECTLY AFFECTED  NATIVE  NATION  AND
 STATE AGENCY PERSONNEL;
   (B)  NOTICE  TO  THE AFFECTED NATIVE NATION GOVERNING BODY PROVIDED AT
 LEAST THIRTY  DAYS  IN  ADVANCE  OF  THE  FIRST  SCHEDULED  CONSULTATION
 SESSION, CONTAINING SUFFICIENT DETAIL OF THE TOPIC TO ALLOW NATION LEAD-
 ERS AN OPPORTUNITY TO FULLY ENGAGE IN THE CONSULTATION;
   (C)  A  REQUIREMENT  THAT THE KEY STATE AGENCY PERSONNEL APPLICABLE TO
 SUCH PROPOSAL PARTICIPATE IN THE CONSULTATION SESSIONS;
   (D) RECORDING OF THE PROCEEDINGS OF CONSULTATION SESSIONS,  WHICH  MAY
 INCLUDE, BUT ARE NOT LIMITED TO, TRANSCRIPTS OR MEETING NOTES; AND
   (E)  A  FINAL  RESPONSE  FROM THE STATE AGENCY REGARDING HOW INPUT WAS
 INCORPORATED INTO THE FINAL DECISION OF THE AGENCY FOLLOWING THE CONCLU-
 SION OF THE CONSULTATION SESSIONS.
   4. THE NATIVE NATION CONSULTATION POLICY PROMULGATED PURSUANT TO  THIS
 SECTION  SHALL  BE  UTILIZED  WHEN  ANY  STATE  AGENCY ACTION WOULD HAVE
 SUBSTANTIAL DIRECT EFFECTS ON:
   (A) ONE OR MORE NATIVE NATION;
   (B) THE RELATIONSHIP BETWEEN STATE GOVERNMENT AND NATIVE NATIONS; OR
   (C) THE DISTRIBUTION  OF  POWER  AND  RESPONSIBILITIES  BETWEEN  STATE
 GOVERNMENT AND NATIVE NATIONS.
   § 2. This act shall take effect immediately.