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2 | 2 | | SENATE DOCKET, NO. 2019 FILED ON: 1/20/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1050 |
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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 | | Liz Miranda, (BY REQUEST) |
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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 creating reparations for the descendants of American slavery and piloting universal basic |
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13 | 13 | | income. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :Colomba Sofia Klenner Valencia 1 of 3 |
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17 | 17 | | SENATE DOCKET, NO. 2019 FILED ON: 1/20/2023 |
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18 | 18 | | SENATE . . . . . . . . . . . . . . No. 1050 |
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19 | 19 | | By Ms. Miranda (by request), a petition (accompanied by bill, Senate, No. 1050) of Colomba |
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20 | 20 | | Sofia Klenner Valencia for legislation to create reparations for the descendants of American |
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21 | 21 | | slavery and piloting universal basic income. The Judiciary. |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act creating reparations for the descendants of American slavery and piloting universal basic |
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28 | 28 | | income. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. The Commonwealth of Massachusetts acknowledges and apologizes for its |
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32 | 32 | | 2willful participation in the institution of slavery. Slavery was an official policy of the |
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33 | 33 | | 3Massachusetts Bay Colony and the United States Government from 1619 through 1865 that |
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34 | 34 | | 4constituted an immoral and inhumane deprivation of life, liberty, cultural heritage, and the fruits |
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35 | 35 | | 5of their labor for nearly 4,000,000 Africans and tens of thousands of Indigenous people with on- |
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36 | 36 | | 6going effects for their descendants and a legacy of persistent systemic structures of |
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37 | 37 | | 7discrimination in the Commonwealth. Following abolition, governments at the Federal, State, |
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38 | 38 | | 8and local level continued to perpetuate, condone and often profit from practices that continued to |
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39 | 39 | | 9brutalize and disadvantage African Americans and Indigenous people, including share cropping, |
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40 | 40 | | 10convict leasing, Jim Crow, redlining, unequal education, and disproportionate treatment at the |
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41 | 41 | | 11hands of the criminal justice system. As a result of the historic and continued discrimination, |
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42 | 42 | | 12African Americans and Indigenous people continue to suffer debilitating economic, educational, 2 of 3 |
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43 | 43 | | 13and health hardships including but not limited to having nearly 1,000,000 Black people |
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44 | 44 | | 14incarcerated; an unemployment rate more than twice the current White unemployment rate; and |
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45 | 45 | | 15an average of less than 1⁄16 of the wealth of White families, a disparity which has worsened, not |
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46 | 46 | | 16improved over time. Direct financial reparations represent one critically necessary step of many |
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47 | 47 | | 17that must be taken to correct the legacy of this institution. |
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48 | 48 | | 18 SECTION 2. An excise tax is hereby imposed on each specified applicable educational |
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49 | 49 | | 19institution for the taxable year a tax equal to 3 percent of the aggregate fair market value of the |
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50 | 50 | | 20assets of the institution at the end of the preceding taxable year. The term “specified applicable |
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51 | 51 | | 21educational institution” means any applicable educational institution, other than an institution |
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52 | 52 | | 22which is religious in nature, the aggregate fair market value of the assets of which at the end of |
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53 | 53 | | 23the preceding taxable year (other than those assets which are used directly in carrying out the |
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54 | 54 | | 24institution’s exempt purpose) is at least $1,500,000,000. For assets, the rules of section 4968(d) |
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55 | 55 | | 25of the Internal Revenue Code shall apply. |
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56 | 56 | | 26 SECTION 3. There shall be established and set up on the books of the commonwealth a |
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57 | 57 | | 27separate fund, to be known as the Reparations for Descendants of American Slavery Fund. The |
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58 | 58 | | 28Reparations for Descendants of American Slavery Fund, subject to appropriation, shall consist of |
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59 | 59 | | 29all monies received on account of the commonwealth as a result of revenue generated by the |
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60 | 60 | | 30excise tax imposed by section 1. |
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61 | 61 | | 31 SECTION 4. There shall be a Reparations for Descendants of American Slavery Fund |
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62 | 62 | | 32board consisting of individuals from and with experience advocating on behalf of descendants of |
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63 | 63 | | 33American slavery. The board shall be comprised entirely of descendants of American slavery and |
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64 | 64 | | 34shall consist of: 1 person appointed by the governor with a background in budgeting and 3 of 3 |
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65 | 65 | | 35administrative operations, who shall serve as chair; 2 persons appointed by the treasurer and |
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66 | 66 | | 36receiver-general with a background in public finance; 2 person appointed by the attorney general |
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67 | 67 | | 37with relevant experience; 1 person appointed by the senate president with relevant experience; |
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68 | 68 | | 38and 1 person appointed by the speaker of the house of representatives with relevant experience. |
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69 | 69 | | 39Board members shall serve 2-year terms; provided, however, that at the end of a term a board |
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70 | 70 | | 40member may be reappointed once by their appointing authority; provided further, that any |
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71 | 71 | | 41absence in a seat on the board shall be filled by the appropriate appointing authority within 60 |
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72 | 72 | | 42days. The appointing authority may remove a board member who was appointed by that |
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73 | 73 | | 43appointing authority for cause. Before removal, the board member shall be provided with a |
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74 | 74 | | 44written statement of the reason for removal and an opportunity to be heard. The board shall |
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75 | 75 | | 45promulgate regulations for the Reparations for Descendants of American Slavery Fund to |
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76 | 76 | | 46distribute monthly and direct monetary reparations to the descendants of African and Indigenous |
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77 | 77 | | 47slaves and other individuals at the discretion of the Descendants of American Slavery board, |
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78 | 78 | | 48coordinate with state agencies to create practical processes to achieve this end with limited |
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79 | 79 | | 49administrative overhead costs, and collecting data on these processes to inform efforts to create a |
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80 | 80 | | 50universal basic income. Board members may, at the discretion of the secretary of housing and |
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81 | 81 | | 51economic development, receive stipends in compensation for their time and service under section |
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82 | 82 | | 524 of chapter 7. Board members may be employed by another business that does not conflict with |
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83 | 83 | | 53the duties of their office. |
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