Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3921 Compare Versions

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22 HOUSE DOCKET, NO. 3115 FILED ON: 1/20/2023
33 HOUSE . . . . . . . . . . . . . . . No. 3921
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Brandy Fluker Oakley
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to cure us of the liabilities that ultimately restricted equity.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Brandy Fluker Oakley12th Suffolk1/20/2023 1 of 3
1616 HOUSE DOCKET, NO. 3115 FILED ON: 1/20/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 3921
1818 By Representative Fluker Oakley of Boston, a petition (accompanied by bill, House, No. 3921)
1919 of Brandy Fluker Oakley relative to establishing a commission to study and develop proposals
2020 for lineage-based reparations programs in the Commonwealth. The Judiciary.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act to cure us of the liabilities that ultimately restricted equity.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. There shall be a commission to study and develop proposals for lineage-
3030 2based reparations programs in the commonwealth through a truth and reconciliation process to
3131 3redress the harm resulting from the institution of slavery in the commonwealth, de jure and de
3232 4facto institutional and systemic racism against enslaved people and their descendants, and the
3333 5lasting effects of slavery and institutional and systemic racism in the commonwealth. Members
3434 6shall be considered special state employees for purposes of chapter 268A. The commission shall
3535 7develop harm reports based on the effects on American Freedmen and their descendants in the
3636 8commonwealth of harms including enslavement, racial terror, political disenfranchisement,
3737 9housing segregation, separate and unequal education, racism in environment and infrastructure,
3838 10pathologizing of Black families, control over creative cultural and intellectual life, stolen labor
3939 11and hindered opportunity, an unjust legal system, mental and physical harm and neglect and the
4040 12racial wealth gap from 1619 to present. In developing its proposals, the commission shall consult 2 of 3
4141 13with the permanent commission on the status of African Americans, established in section 72 of
4242 14chapter 3 of the General Laws.
4343 15 SECTION 2. The commission shall consist of 15 members: 11 members appointed by the
4444 16governor, 1 of whom shall have expertise in transitional and reparatory justice, 1 of whom shall
4545 17have expertise in genealogy, 2 of whom shall have expertise in the history of American slavery
4646 18and anti-Black institutional discrimination and systemic racism, 2 of whom shall be members of
4747 19civil rights or reparatory justice organizations, 1 of whom shall have expertise in forensic
4848 20accounting, 1 of whom shall have expertise in public education, 2 of whom shall be young adults
4949 21between the ages of 18 and 25 who have demonstrated a commitment to reparations advocacy
5050 22and 1 of whom shall have expertise in constitutional law; 2 members appointed by the president
5151 23of the senate; and 2 members appointed by the speaker of the house of representatives. The
5252 24appointing authorities shall create a public application process that includes a written application,
5353 25an interview and thorough vetting. The appointing authorities shall, to the extent possible,
5454 26appoint members to the commission who have a verified familial connection to an American
5555 27Freedman. The commission shall elect a chair and vice chair from among its members.
5656 28 SECTION 3. (a) The commission shall develop: (i) proposals for a reparations program,
5757 29including proposals for the form and amount of reparations; and (ii) a summary of data from the
5858 30truth and reconciliation process. The commission shall consider a variety of methods, including,
5959 31but not limited to: lump sum payments, yearly payments, victims’ assistance funds,
6060 32homeowners’ assistance, tuition assistance, tuition refunds, mortgage refunds and tax credits.
6161 33 (b) The commission shall develop criteria for reparations program participants and a
6262 34method for application to the program. 3 of 3
6363 35 (c) The commission shall make recommendations for the implementation of a reparations
6464 36program, including recommendations regarding: (i) the timeline for the implementation of the
6565 37program, with attention to how the program would function for present and future generations;
6666 38(ii) draft legislation to implement a program; and (iii) resources and materials for educating the
6767 39public on reparations and the reparations program.
6868 40 SECTION 4. Within 2 years, the commission shall submit a report of its findings and
6969 41recommendations, together with drafts of legislation necessary to carry out such
7070 42recommendations, to the clerks of the house of representatives and the senate, the joint
7171 43committee on racial equity, civil rights, and inclusion and the house and senate committees on
7272 44ways and means. Within 2 years, the commission shall notify the public of its findings.