Senate Bill S826

                                 
BILL NUMBER: S826

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring consul-
tation with tribal nations as part of the state budget process

 
TITLE OF BILL:

An act to amend the state finance law, in relation to requiring consul-
tation with tribal nations as part of the state budget process

 
PURPOSE:

To require the Division of Budget to consult with New York's tribal
nations as part of the annual budget process

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: adds a new section 22-d to the state finance law requiring
              

consultation between the Division of Budget and tribal nations as part
of the state budget process to identify needs in programs operated or
maintained by the state as part of a nation-to-nation partnership.

Section 2: Sets the effective date.

 
JUSTIFICATION:

The long and often troubling history of treaties between the United
States and tribal nations is well known. One of the key lessons these
treaties embody is the principle of nation-to-nation relations, which
these treaties establish - and which govern relations between the United
States and tribal nations today. Sovereignty is not merely a legal
concept; it is a fundamental aspect of identity and survival.  Tribal
nations have long fought to maintain their self-government and autonomy.
This is especially true in New York State, with its long history of such
relations stretching back to the first European settlements in the
region. As a state, and as a legislature, it is vital that we enact
legislation that takes steps to respect the sovereignty of our neighbors
and that continues to work to honor our obligation under treaties such
as the Treaty of Canandaigua.

This legislation takes a step toward formalizing consultation in the
shaping of the state budget. It mandates consultation between the State
of New York and recognized tribal nations for the operation of essential
programs such as health clinics, schools, and libraries.  This is a
crucial step towards recognizing that these treaties represent binding
agreements between sovereign nations, not merely historical artifacts.

Consultation is not just about fulfilling legal obligations; it is about
acknowledging the inherent rights of these nations to self-governance
and decision-making within their territories and among their peoples. By
consulting directly with tribal nations in the operation of programs
that directly impact their communities, New York State recognizes the
sovereignty' of these nations and respects their right to determine
their own futures. It can be hoped that this approach will continue to
build trust, respect, and collaboration between the state government and

our neighbors, laying the groundwork for more equitable and effective
governance.

Furthermore, consulting with tribal nations ensures that the unique
needs, cultures, and traditions of these communities are considered in
the development and implementation of these programs. Health clinics,
schools, and libraries are not one-size-fits-all solutions; they must be
tailored to the specific needs and contexts of the communities they
serve. Tribal consultation ensures that these programs are culturally
sensitive and responsive to the needs of these communities.

Ultimately, honoring the nation-to-nation relationship through meaning-
ful consultation is not only a matter of legal responsibility but also a
moral imperative. Enacting legislation to formalize this consultation
process is a concrete step towards upholding the principles of self-det-
ermination and sovereignty for tribal nations in New York State.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

2023-2024: S9589 (May) / A10361 (Hunter)

 
EFFECTIVE DATE:
Immediately.