NY State Senate Bill 2023-S8351

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2024	print number 8351a
Jan 29, 2024	amend and recommit to investigations and government operations
Jan 19, 2024	referred to investigations and government operations

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S8351 - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add Art 15-D §328-d, Exec L

2023-S8351 - Summary

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.

2023-S8351 - Sponsor Memo

                                 
BILL NUMBER: S8351

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a Native
nation consultation policy

 
PURPOSE:

This legislation would require all state agencies to follow a Native
Nations Consultation Policy to discuss any state proposals that would
affect indigenous communities in New York State before the state agency
makes decisions on said proposals.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would amend the executive law by adding a new article
15-D.

Section one provides definitions for Native Nation and State Agency.

Section two, three, and four outline the specification, function,
requirements of the consultation policy.

 
JUSTIFICATION:

This bill would create an Native Nation Consultation Policy to be used
by all state agencies in instances where a state proposal that would
affect indigenous communities is under consideration. The state agency
would need to follow the Native Nation Consultation Policy before any
decision on related state proposals is made.

In practice, the state agency would provide sufficient advance notice to
appropriate leaders of Native Nations of upcoming consultation sessions
and would accurately explain how the final agency decision incorporates
Native Nation input.

Defining features of consultation would be as follows:

- Notice to Native Nations provided at least 30 days in advance of the
first scheduled consultation session, containing sufficient detail of
the topic to allow Nations an opportunity to fully engage in the consul-
tation

- Key state agency personnel participation

- Discussion between Nations and state agency personnel

- Record of proceedings (transcript or meeting notes)

- Response from State agency regarding how input was incorporated into
the final state decision

Native Nation Consultation Policy would be triggered when any state
agency action would have substantial direct effects on:

- One or more Native Nation

- Indigenous communities living outside of a Nation's territory

- The relationship between state government and Native Nations

- The distribution of power and responsibilities between state govern-
ment and Native Nations

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law

2023-S8351 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8351
 
                             I N  S E N A T E
 
                             January 19, 2024
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 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 NATION OF NEW
 YORK, ONONDAGA NATION, POOSPATUCK  OR  UNKECHAUGE  NATION,  SAINT  REGIS
 MOHAWK  TRIBE, SENECA NATION OF INDIANS, SHINNECOCK INDIAN NATION, TONA-
 WANDA 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
 BY SUCH AGENCY THAT WOULD AFFECT INDIGENOUS COMMUNITIES IS UNDER CONSID-
 ERATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13651-03-4
 S. 8351                             2
 
   3. SUCH NATIVE NATION CONSULTATION POLICY SHALL AT A MINIMUM INCLUDE:
   (A)  MEANINGFUL  CONSULTATION  SESSIONS  WHICH  ALLOW  FOR  DISCUSSION
 BETWEEN MEMBERS OF THE DIRECTLY AFFECTED NATIVE NATION AND STATE  AGENCY
 PERSONNEL;
   (B) NOTICE TO THE AFFECTED NATIVE NATION PROVIDED AT LEAST THIRTY DAYS
 IN  ADVANCE  OF  THE  FIRST  SCHEDULED  CONSULTATION SESSION, CONTAINING
 SUFFICIENT DETAIL OF THE TOPIC TO ALLOW NATION LEADERS 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) INDIGENOUS COMMUNITIES LIVING OUTSIDE OF A NATION'S TERRITORY;
   (C) THE RELATIONSHIP BETWEEN STATE GOVERNMENT AND NATIVE NATIONS; OR
   (D)  THE  DISTRIBUTION  OF  POWER  AND  RESPONSIBILITIES BETWEEN STATE
 GOVERNMENT AND NATIVE NATIONS.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S8351A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
Law Section:: Executive Law
Laws Affected:: Add Art 15-D §328-d, Exec L

2023-S8351A (ACTIVE) - Summary

2023-S8351A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8351A

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a Native
nation consultation policy

 
PURPOSE:

This legislation would require all state agencies to follow a Native
Nations Consultation Policy to discuss any state proposals that would
affect indigenous communities in New York State before the state agency
makes decisions on said proposals.

 
SUMMARY OF SPECIFIC PROVISIONS:

The legislation would amend the executive law by adding a new article
15-D.

Section one provides definitions for Native Nation and State Agency.

Section two, three, and four outline the specification, function,
requirements of the consultation policy.

 
JUSTIFICATION:

This bill would create an Native Nation Consultation Policy to be used
by all state agencies in instances where a state proposal that would
affect indigenous communities is under consideration. The state agency
would need to follow the Native Nation Consultation Policy before any
decision on related state proposals is made.

In practice, the state agency would provide sufficient advance notice to
appropriate leaders of Native Nations of upcoming consultation sessions
and would accurately explain how the final agency decision incorporates
Native Nation input.

Defining features of consultation would be as follows:

-Notice to Native Nations provided at least 30 days in advance of the
first scheduled consultation session, containing sufficient detail of
the topic to allow Nations an opportunity to fully engage in the consul-
tation

-Key state agency personnel participation

-Discussion between Nations and state agency personnel

-Record of proceedings (transcript or meeting notes)

-Response from State agency regarding how input was incorporated into
the final state decision

Native Nation Consultation Policy would be triggered when any state
agency action would have substantial direct effects on:

- One or more Native Nation

- Indigenous communities living outside of a Nation's territory

- The relationship between state government and Native Nations

- The distribution of power and responsibilities between state govern-
ment and Native Nations

 
LEGISLATIVE HISTORY:

New legislation

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law

2023-S8351A (ACTIVE) - Bill Text download pdf

                             
                     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.

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Senate Bill S8351

Sponsored By

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

2023-S8351 - Details

2023-S8351 - Summary

2023-S8351 - Sponsor Memo

2023-S8351 - Bill Text download pdf

co-Sponsors

2023-S8351A (ACTIVE) - Details

2023-S8351A (ACTIVE) - Summary

2023-S8351A (ACTIVE) - Sponsor Memo

2023-S8351A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8351

Share this bill

Sponsored By

Timothy M. Kennedy

Current Bill Status - In Senate Committee Investigations And Government Operations Committee

Bill Amendments

co-Sponsors

Rachel May

2023-S8351 - Details

2023-S8351 - Summary

2023-S8351 - Sponsor Memo

2023-S8351 - Bill Text download pdf

co-Sponsors

Rachel May

2023-S8351A (ACTIVE) - Details

2023-S8351A (ACTIVE) - Summary

2023-S8351A (ACTIVE) - Sponsor Memo

2023-S8351A (ACTIVE) - Bill Text download pdf

Comments