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2 | 2 | | HOUSE DOCKET, NO. 3865 FILED ON: 1/17/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 1696 |
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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-Reid |
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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-Reid12th Suffolk1/17/2025Samantha Montaño15th Suffolk2/6/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 3865 FILED ON: 1/17/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 1696 |
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18 | 18 | | By Representative Fluker-Reid of Boston, a petition (accompanied by bill, House, No. 1696) of |
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19 | 19 | | Brandy Fluker-Reid and Samantha Montaño relative to establishing a commission to study and |
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20 | 20 | | develop proposals for lineage-based reparations programs in the Commonwealth. The Judiciary. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 3921 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to cure us of the liabilities that ultimately restricted equity. |
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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. There shall be a commission to study and develop proposals for reparative |
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32 | 32 | | 2justice in the commonwealth through a truth and reconciliation process, to redress harms |
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33 | 33 | | 3resulting from the institution of slavery and its legacy endured by formerly enslaved citizens of |
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34 | 34 | | 4Massachusetts and their descendants. For the purposes of this act, descendants of formerly |
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35 | 35 | | 5enslaved people in the United States shall be understood to be members of the Freedmen class, |
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36 | 36 | | 6hereinafter referred to as American Freedmen. American Freedmen are that class of persons |
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37 | 37 | | 7emancipated in the United States via the 13th Amendment in 1865 or earlier, and their |
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38 | 38 | | 8descendants. Members of the commission shall be considered special state employees for |
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39 | 39 | | 9purposes of chapter 268A of the General Laws. 2 of 4 |
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40 | 40 | | 10 The commission shall develop reports documenting the effects of slavery and its legacy |
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41 | 41 | | 11on the American Freedmen class in the commonwealth. These reports shall include, but not be |
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42 | 42 | | 12limited to, the effects of slavery, domestic terrorism, political disenfranchisement, housing |
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43 | 43 | | 13segregation, separate and unequal education, pathologizing of the Freedmen families, |
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44 | 44 | | 14environmental and infrastructure partiality that disproportionately affects the Freedmen class, |
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45 | 45 | | 15control over creative cultural and intellectual life, stolen labor and hindered opportunity, an |
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46 | 46 | | 16unjust legal system, neglect, mental and physical harm, as well as the persistent and growing |
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47 | 47 | | 17wealth gap of American Freedmen. |
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48 | 48 | | 18 SECTION 2. The commission shall consist of 15 members, the majority of whom shall |
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49 | 49 | | 19be members of the American Freedmen class: 11 members appointed by the governor, 1 of |
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50 | 50 | | 20whom shall have expertise in remedial justice, 1 of whom shall have expertise in genealogy, 2 of |
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51 | 51 | | 21whom shall have expertise in the history of American slavery and institutional discrimination |
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52 | 52 | | 22and systemic racism, 2 of whom shall be members of organizations concerned with remedial |
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53 | 53 | | 23justice, 1 of whom shall have expertise in forensic accounting, 1 of whom shall have expertise in |
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54 | 54 | | 24public policy, 2 of whom shall be Massachusetts residents of the American Freedmen class who |
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55 | 55 | | 25have demonstrated a commitment to advocating for remedial justice, and 1 of whom shall have |
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56 | 56 | | 26expertise in constitutional law; 2 members appointed by the president of the senate; and 2 |
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57 | 57 | | 27members appointed by the speaker of the house of representatives. |
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58 | 58 | | 28 The appointing authorities shall create a public application process, including a written |
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59 | 59 | | 29application, an interview, and thorough vetting. To the extent possible, the appointing authorities |
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60 | 60 | | 30shall appoint members to the commission who have a verified familial connection to the |
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61 | 61 | | 31American Freedmen class. The commission shall elect a chair and vice chair from among its |
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62 | 62 | | 32members. 3 of 4 |
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63 | 63 | | 33 SECTION 3. (a) The commission shall develop: |
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64 | 64 | | 34 (i) proposals for remedial resolutions, including proposals for the form and amount of |
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65 | 65 | | 35reparative remedies; and |
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66 | 66 | | 36 (ii) a summary of data from the truth and reconciliation process. The commission shall |
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67 | 67 | | 37consider a variety of methods, including, but not limited to, lump sum payments, yearly |
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68 | 68 | | 38payments, victims’ assistance funds, homeowners’ assistance, tuition assistance, tuition refunds, |
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69 | 69 | | 39mortgage refunds, and tax credits. |
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70 | 70 | | 40 (b) The commission shall develop criteria to determine the eligibility of beneficiaries of |
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71 | 71 | | 41state reparative measures and programs and a method for application to such programs. |
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72 | 72 | | 42 (c) The commission shall make recommendations for the implementation of reparative |
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73 | 73 | | 43measures, including recommendations regarding: |
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74 | 74 | | 44 (i) the timeline for the implementation of such programs, with attention to how they |
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75 | 75 | | 45would function for present and future generations; |
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76 | 76 | | 46 (ii) draft legislation for the implementation of such programs; and |
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77 | 77 | | 47 (iii) resources and materials for educating the public on remedial justice and reparative |
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78 | 78 | | 48programs. |
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79 | 79 | | 49 SECTION 4. Within 2 years, the commission shall submit a report of its findings and |
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80 | 80 | | 50recommendations, together with drafts of legislation necessary to carry out such |
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81 | 81 | | 51recommendations, to the clerks of the house of representatives and the senate, the joint |
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82 | 82 | | 52committee on racial equity, civil rights, and inclusion, and the house and senate committees on |
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83 | 83 | | 53ways and means. Within 2 years, the commission shall notify the public of its findings. 4 of 4 |
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84 | 84 | | 54 SECTION 5. |
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85 | 85 | | 55 (a) Quorum. A quorum for conducting business shall consist of 5 members. |
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86 | 86 | | 56 (b) Compensation. Non-legislative members of the commission shall receive reasonable |
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87 | 87 | | 57per diem compensation for attendance at up to 10 meetings, subject to appropriation. Members |
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88 | 88 | | 58shall also be reimbursed for customary expenses incurred during the execution of their duties. |
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89 | 89 | | 59 (c) Vacancies. Vacancies shall not impede the commission’s work and shall be filled by |
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90 | 90 | | 60the original appointing authority for the remainder of the term. |
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91 | 91 | | 61 SECTION 6. The commission shall serve as a continuing resource for the commonwealth |
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92 | 92 | | 62by providing consultation to the permanent commission on the status of African Americans, |
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93 | 93 | | 63established in section 72 of chapter 3 of the General Laws, and reviewing and advising on |
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94 | 94 | | 64policies impacting the American Freedmen class to ensure equity and justice. |
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95 | 95 | | 65 SECTION 7. This act shall take effect upon its passage. |
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