Georgia 2025-2026 Regular Session

Georgia House Bill HB367 Compare Versions

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11 25 LC 59 0070
22 House Bill 367
33 By: Representatives Holly of the 116
44 th
55 , Gilliard of the 162
66 nd
77 , Bazemore of the 69
88 th
99 , Clark of
1010 the 108
1111 th
1212 , and Jackson of the 68
1313 th
1414
1515 A BILL TO BE ENTITLED
1616 AN ACT
1717 To amend Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to
1818 1
1919 commissions and other agencies, so as to create the Georgia Equity and Fairness2
2020 Commission; to provide for members and officers; to provide for meetings, quorum, and3
2121 compensation; to provide for the commission's duties and powers; to provide for reporting;4
2222 to provide a definition; to provide a short title; to provide legislative findings; to provide for5
2323 automatic repeal; to provide for related matters; to repeal conflicting laws; and for other6
2424 purposes.7
2525 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8
2626 SECTION 1.9
2727 This Act shall be known and may be cited as the "Georgia Equity and Fairness Commission10
2828 Act."11
2929 SECTION 2.12
3030 The General Assembly finds and declares the following:13
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3333 (1) Millions of Africans and their descendants were enslaved in the 13 American
3434 14
3535 colonies and the United States, including the Georgia colony and the State of Georgia,15
3636 from 1619 through 1865;16
3737 (2) The institution of chattel slavery was constitutionally and statutorily sanctioned by17
3838 the United States government from 1789 through 1865;18
3939 (3) The chattel slavery that flourished in Georgia and the United States constituted an19
4040 immoral and inhumane deprivation of each African's life, liberty, African citizenship20
4141 rights, and cultural heritage, and denied them the fruits of their own labor;21
4242 (4) A preponderance of scholarly, legal, community evidentiary documentation, and22
4343 popular culture markers constitute the basis for inquiry into the ongoing effects of the23
4444 institution of chattel slavery and its legacy of persistent systemic structures of24
4545 discrimination on the living descendants of chattel slavery and society in Georgia and the25
4646 United States;26
4747 (5) Following the abolition of chattel slavery, governments at the federal, state, and local27
4848 levels continued to perpetuate, condone, and often profit from practices that continued28
4949 to brutalize and disadvantage the descendants of chattel slavery, including sharecropping,29
5050 convict leasing, Jim Crow laws, redlining, unequal education, and disproportionate30
5151 treatment at the hands of the criminal justice system; and31
5252 (6) As a result of historical and continued discrimination, the descendants of chattel32
5353 slavery continue to suffer debilitating economic, educational, and health hardships,33
5454 including having a high level of incarceration, a disproportionate unemployment rate, and34
5555 an average of less than one-sixteenth of the wealth, a disparity which has worsened, not35
5656 improved, over time.36
5757 SECTION 3.37
5858 Chapter 12 of Title 50 of the Official Code of Georgia Annotated, relating to commissions38
5959 and other agencies, is amended by adding a new article to read as follows:39
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6262 "ARTICLE 940
6363 50-12-150.41
6464 (a) There is created the Georgia Equity and Fairness Commission for examining the42
6565 impact of chattel slavery on the descendants of chattel slavery and recommending43
6666 appropriate remedies therefor.44
6767 (b) As used in this article, the term 'commission' means the Georgia Equity and Fairness45
6868 Commission.46
6969 (c) The commission is assigned to the Department of Administrative Services for47
7070 administrative purposes only as prescribed in Code Section 50-4-3.48
7171 50-12-151.49
7272 (a) The commission shall be composed of 11 members who are citizens of this state and50
7373 shall be appointed as follows:51
7474 (1) Three members appointed by the Governor, one of whom the Governor shall select52
7575 as chairperson;53
7676 (2) Two members appointed by the President of the Senate;54
7777 (3) Two members appointed by the minority leader of the Senate;55
7878 (4) Two members appointed by the Speaker of the House of Representatives; and56
7979 (5) Two members appointed by the minority leader of the House of Representatives.57
8080 (b) Members of the commission shall be appointed from persons recommended by58
8181 organizations concerned with the issues of civil rights; human rights; racial, social, and59
8282 economic justice and equality; reparations; and other issues concerning the60
8383 African-American community.61
8484 (c) Members of the commission shall serve for the duration of the commission. Any62
8585 vacancy shall be filled in the same manner in which the original appointment was made.63
8686 (d) The commission may elect officers, other than the chairperson, as it deems necessary.64
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8989 50-12-152.65
9090 (a) The commission may conduct meetings at such places and times as it deems necessary66
9191 or convenient to enable it to fully and effectively exercise its powers, perform its duties,67
9292 and accomplish the objectives and purposes of this article. The commission shall hold68
9393 meetings at the call of the chairperson.69
9494 (b) A quorum for transacting business shall be a majority of the members of the70
9595 commission.71
9696 (c) Legislative members of the commission shall receive the allowances provided for in72
9797 Code Section 28-1-8. Nonlegislative members shall receive a daily expense allowance in73
9898 the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or74
9999 transportation allowance authorized for state employees. Members of the commission who75
100100 are state officials, other than legislative members, or state employees shall receive no76
101101 compensation for their services on the commission, but shall be reimbursed for expenses77
102102 incurred by them in the performance of their duties as members of the commission in the78
103103 same manner as they are reimbursed for expenses in their capacities as state officials or79
104104 state employees. The funds necessary for the reimbursement of the expenses of state80
105105 officials, other than legislative members, and state employees shall come from funds81
106106 appropriated to or otherwise available to their respective departments. All other funds82
107107 necessary to carry out the provisions of this article shall come from funds appropriated to83
108108 the commission.84
109109 50-12-153.85
110110 (a) The commission shall:86
111111 (1) Examine the extent to which the State of Georgia supported the institution of chattel87
112112 slavery in constitutional and statutory provisions;88
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115115 (2) Examine the state's laws that discriminated against chattel slaves and their89
116116 descendants from the end of the Civil War, through the era of Jim Crow laws, to the90
117117 present;91
118118 (3) Examine the lingering negative effects of the institution of chattel slavery on the92
119119 descendants of chattel slavery in Georgia;93
120120 (4) Recommend appropriate ways to educate the public on the commission's findings;94
121121 and95
122122 (5) Recommend appropriate remedies in consideration of the commission's findings. In96
123123 making such recommendation, the commission shall address the form, amount, and97
124124 eligibility for any restitution.98
125125 (b) The commission shall submit a written report of its findings and recommendations to99
126126 the Governor, the President of the Senate, the Speaker of the House of Representatives, and100
127127 the minority leaders of the Senate and House of Representatives no later than three months101
128128 after the date of the last meeting of the commission. The commission shall also make such102
129129 report available to the public.103
130130 50-12-154.104
131131 (a) The commission shall have the following powers:105
132132 (1) To accept public or private grants, devises, and bequests;106
133133 (2) To authorize entering into contracts or agreements through the commission's107
134134 chairperson necessary or incidental to the performance of its duties;108
135135 (3) To establish rules and procedures for conducting the business of the commission;109
136136 (4) To hold public hearings; and110
137137 (5) To request the attendance and testimony of such witnesses and the production of such111
138138 documents as the commission deems necessary to fulfill its duties.112
139139 (b) The commission may request and receive information from appropriate state agencies113
140140 which the commission deems useful in fulfilling its duties. Such agencies shall cooperate114
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143143 with the commission with respect to such information and shall furnish all information115
144144 requested by the commission to the extent permitted by law.116
145145 50-12-155.117
146146 The commission shall be abolished and this article shall stand repealed on June 30, 2027."118
147147 SECTION 4.119
148148 All laws and parts of laws in conflict with this Act are repealed.120
149149 H. B. 367
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