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2 | 2 | | HOUSE DOCKET, NO. 3115 FILED ON: 1/20/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3921 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Brandy Fluker Oakley |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to cure us of the liabilities that ultimately restricted equity. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk1/20/2023 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 3115 FILED ON: 1/20/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 3921 |
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18 | 18 | | By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 3921) |
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19 | 19 | | of Brandy Fluker Oakley relative to establishing a commission to study and develop proposals |
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20 | 20 | | for lineage-based reparations programs in the Commonwealth. The Judiciary. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to cure us of the liabilities that ultimately restricted equity. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. There shall be a commission to study and develop proposals for lineage- |
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30 | 30 | | 2based reparations programs in the commonwealth through a truth and reconciliation process to |
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31 | 31 | | 3redress the harm resulting from the institution of slavery in the commonwealth, de jure and de |
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32 | 32 | | 4facto institutional and systemic racism against enslaved people and their descendants, and the |
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33 | 33 | | 5lasting effects of slavery and institutional and systemic racism in the commonwealth. Members |
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34 | 34 | | 6shall be considered special state employees for purposes of chapter 268A. The commission shall |
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35 | 35 | | 7develop harm reports based on the effects on American Freedmen and their descendants in the |
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36 | 36 | | 8commonwealth of harms including enslavement, racial terror, political disenfranchisement, |
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37 | 37 | | 9housing segregation, separate and unequal education, racism in environment and infrastructure, |
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38 | 38 | | 10pathologizing of Black families, control over creative cultural and intellectual life, stolen labor |
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39 | 39 | | 11and hindered opportunity, an unjust legal system, mental and physical harm and neglect and the |
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40 | 40 | | 12racial wealth gap from 1619 to present. In developing its proposals, the commission shall consult 2 of 3 |
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41 | 41 | | 13with the permanent commission on the status of African Americans, established in section 72 of |
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42 | 42 | | 14chapter 3 of the General Laws. |
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43 | 43 | | 15 SECTION 2. The commission shall consist of 15 members: 11 members appointed by the |
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44 | 44 | | 16governor, 1 of whom shall have expertise in transitional and reparatory justice, 1 of whom shall |
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45 | 45 | | 17have expertise in genealogy, 2 of whom shall have expertise in the history of American slavery |
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46 | 46 | | 18and anti-Black institutional discrimination and systemic racism, 2 of whom shall be members of |
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47 | 47 | | 19civil rights or reparatory justice organizations, 1 of whom shall have expertise in forensic |
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48 | 48 | | 20accounting, 1 of whom shall have expertise in public education, 2 of whom shall be young adults |
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49 | 49 | | 21between the ages of 18 and 25 who have demonstrated a commitment to reparations advocacy |
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50 | 50 | | 22and 1 of whom shall have expertise in constitutional law; 2 members appointed by the president |
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51 | 51 | | 23of the senate; and 2 members appointed by the speaker of the house of representatives. The |
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52 | 52 | | 24appointing authorities shall create a public application process that includes a written application, |
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53 | 53 | | 25an interview and thorough vetting. The appointing authorities shall, to the extent possible, |
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54 | 54 | | 26appoint members to the commission who have a verified familial connection to an American |
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55 | 55 | | 27Freedman. The commission shall elect a chair and vice chair from among its members. |
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56 | 56 | | 28 SECTION 3. (a) The commission shall develop: (i) proposals for a reparations program, |
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57 | 57 | | 29including proposals for the form and amount of reparations; and (ii) a summary of data from the |
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58 | 58 | | 30truth and reconciliation process. The commission shall consider a variety of methods, including, |
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59 | 59 | | 31but not limited to: lump sum payments, yearly payments, victims’ assistance funds, |
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60 | 60 | | 32homeowners’ assistance, tuition assistance, tuition refunds, mortgage refunds and tax credits. |
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61 | 61 | | 33 (b) The commission shall develop criteria for reparations program participants and a |
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62 | 62 | | 34method for application to the program. 3 of 3 |
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63 | 63 | | 35 (c) The commission shall make recommendations for the implementation of a reparations |
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64 | 64 | | 36program, including recommendations regarding: (i) the timeline for the implementation of the |
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65 | 65 | | 37program, with attention to how the program would function for present and future generations; |
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66 | 66 | | 38(ii) draft legislation to implement a program; and (iii) resources and materials for educating the |
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67 | 67 | | 39public on reparations and the reparations program. |
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68 | 68 | | 40 SECTION 4. Within 2 years, the commission shall submit a report of its findings and |
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69 | 69 | | 41recommendations, together with drafts of legislation necessary to carry out such |
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70 | 70 | | 42recommendations, to the clerks of the house of representatives and the senate, the joint |
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71 | 71 | | 43committee on racial equity, civil rights, and inclusion and the house and senate committees on |
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72 | 72 | | 44ways and means. Within 2 years, the commission shall notify the public of its findings. |
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