Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1753 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 1753 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1753
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Russell E. Holmes and Liz Miranda
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a commission to study reparations in Massachusetts.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Russell E. Holmes6th Suffolk1/15/2025Jason M. LewisFifth Middlesex1/28/2025Mindy Domb3rd Hampshire2/21/2025 1 of 7
16	16	HOUSE DOCKET, NO. 1753 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1753
18	18	By Representative Holmes of Boston and Senator Miranda, a joint petition (accompanied by bill,
19	19	House, No. 1753) of Russell E. Holmes, Jason M. Lewis and Mindy Domb for legislation to
20	20	establish a special commission to study reparations in Massachusetts. The Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act establishing a commission to study reparations in Massachusetts.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 3 of the General Laws is hereby amended by adding the following
30	30	2section:-
31	31	3 Section 76. (a) There shall be a permanent commission on reparations. The commission
32	32	4shall consist of: not less than 9 nor more than 15 members appointed by the governor, from a list
33	33	5provided by the senate president , 1 of whom shall be a person from an academic field that has
34	34	6expertise in reparatory justice and sovereignty, 1 of whom shall be an expert from the field of
35	35	7social science with expertise in economics, policy, law and the impact that society has had on
36	36	8individuals’ health outcomes, life expectancy, safety, enfranchisement, well-being, freedom of
37	37	9movement and ability to thrive, 2 of whom shall be representatives of major civil society and
38	38	10reparations organizations that have historically championed the cause of reparatory justice and 5
39	39	11of whom shall be persons with respected track records in grassroots organizing; 2 members
40	40	12appointed by the senate president; 2 members appointed by the speaker of the house of 2 of 7
41	41	13representatives; 1 member appointed by the attorney general, who shall work within the civil
42	42	14rights division of the office of the attorney general; and 2 members appointed by the house and
43	43	15senate chairs of the joint committee on racial equity, civil rights and inclusion; 4 members
44	44	16chosen from economists with expertise in quantitative analysis to estimate cost, estimate
45	45	17economic implications and research and develop methods to disperse reparations, historians and
46	46	18licensed clinical social workers with expertise on the psychological and emotional harm or
47	47	19impact of race-based injustice and collective and individual trauma.
48	48	20 Not more than 4 members of the commission shall be members of the legislature.
49	49	21Members shall be drawn from diverse backgrounds to represent the interests of residents of
50	50	22African descent and shall have experience working to implement restorative justice reform and,
51	51	23to the extent possible, represent geographically diverse areas of the commonwealth.
52	52	24 The commission shall elect from among its members a chair, vice chair and other
53	53	25officers it considers necessary.
54	54	26 (b) Vacancies in the membership of the commission shall not affect the powers of the
55	55	27commission and shall be filled by the original appointing authority for the balance of the
56	56	28unexpired term.
57	57	29 (c) Eight members of the commission shall constitute a quorum.
58	58	30 (d) The commission may establish a reasonable per diem compensation, subject to
59	59	31appropriation, for its members for attendance at not more than 10 meetings; provided, however,
60	60	32that non-legislative members shall also be entitled to compensation, subject to appropriation, for
61	61	33research and labor. The members of the commission shall be reimbursed for any usual and
62	62	34customary expenses incurred in the performance of their duties. 3 of 7
63	63	35 (e) The commission shall be a resource to the commonwealth on the subject of
64	64	36reparations. It shall be a primary function of the commission to study and recommend reparative
65	65	37actions for slavery, its consequences and continued vestiges on residents of African descent,
66	66	38including, but not limited to: (i) the institution of slavery, including both the transatlantic and
67	67	39domestic trade that existed from 1565 in colonial Florida and from 1619 to 1865, inclusive,
68	68	40within the other colonies that became the United States; (ii) the de jure and de facto
69	69	41discrimination against residents of African descent and their descendants from the end of the
70	70	42Civil War to the present, including economic, political, educational and social discrimination;
71	71	43(iii) the lingering negative effects of the institution of slavery and discrimination against people
72	72	44of African descent; (iv) the manner in which instructional resources and technologies are being
73	73	45used to deny the inhumanity of slavery and the crime against humanity committed against people
74	74	46of African descent; (v) any individuals or individual businesses, corporations or any other
75	75	47commercial or ecumenical entity in the commonwealth which facilitated or participated in the
76	76	48chattel slavery process by financing, owning, propagating, investing in or in any other manner
77	77	49facilitating or benefiting from slavery; and (vi) the direct benefits to societal institutions, public
78	78	50and private, including higher education, corporate, religious and associational, whether for profit
79	79	51or non-profit organizations, that have benefitted in sustaining exploitative relationships with
80	80	52residents of African descent. In performing this function, the commission shall be explicit and
81	81	53intentional in resourcing oral histories and community-based knowledge to inform the scope and
82	82	54direction of the commission work.
83	83	55 (f) Furthermore, the commission shall (i) recommend and implement appropriate ways to
84	84	56educate the public of the commission’s findings; (ii) recommend appropriate remedies in
85	85	57consideration of the commission’s findings and a dedicated deliberation process to distinguish 4 of 7
86	86	58between and identify individual and group benefits and any policy remedies proposed; (iii)
87	87	59recommend reparation proposals for residents of African descent, with special consideration for
88	88	60African Americans who are descendants of persons enslaved in the United States; and (iv) seek
89	89	61the assistance of agencies of the commonwealth to develop and evaluate processes and
90	90	62applications for reparations, requiring the Governor to include in the annual budget bill such
91	91	63sums as necessary to carry out the Act .
92	92	64 In making recommendations under this subsection, the commission shall address, among
93	93	65other issues: (A) how the recommendations comport with international standards of remedy for
94	94	66wrongs and injuries caused by the state, including full reparations and special measures, as
95	95	67understood by various relevant international protocols, laws and findings; (B) how the
96	96	68commonwealth will offer a formal apology on behalf of the people of the commonwealth for the
97	97	69perpetration of gross human rights violations and crimes against humanity on African
98	98	70Americans, freedmen and freedwomen and their descendants; (C) how laws and policies of the
99	99	71commonwealth that continue to disproportionately and negatively affect African Americans,
100	100	72freedmen and freedwomen and their descendants as a group and perpetuate the lingering material
101	101	73and psychosocial effects of slavery can be eliminated; (D) how the injuries resulting from
102	102	74matters described in this section can be reversed and how to provide appropriate policies,
103	103	75programs, projects and recommendations for the purpose of reversing those injuries; (E) how, in
104	104	76consideration of the commission’s findings, any form of compensation to African Americans,
105	105	77with a special consideration for African Americans who are descendants of persons enslaved in
106	106	78the United States, can be calculated; (F) what form of compensation should be awarded, through
107	107	79what instrumentalities and who should be eligible for such compensation; and (G) how, in
108	108	80consideration of the commission’s findings, any other forms of rehabilitation or restitution to 5 of 7
109	109	81African Americans, freedmen and freewomen and their descendants are warranted and what
110	110	82form and scope those measures should take. The commission shall submit a written report of its
111	111	83findings and recommendations to the clerks of the senate and the house of representatives not
112	112	84later than 2 years after the date of the first meeting of the commission.
113	113	85 (g) The commission shall identify, compile and synthesize the relevant evidentiary
114	114	86documentation on the institution of slavery, which shall include, but not be limited to, the facts
115	115	87related to the: (i) capture and procurement of human beings in Africa; (ii) transportation of
116	116	88human beings to the United States and the colonies that became the United States for the purpose
117	117	89of enslavement, free labor, skills extraction and intellectual, sexual and cultural exploitation,
118	118	90including their treatment during transportation; (iii) sale and acquisition of residents of African
119	119	91descent as chattel property in interstate and intrastate commerce; (iv) treatment of residents of
120	120	92African descent enslaved in the colonies and the United States, including the deprivation of their
121	121	93freedom, exploitation of their labor and destruction of their culture, language, religion and
122	122	94families; (v) extensive denial of humanity, sexual abuse and chattelization of persons; (vi)
123	123	95federal and state laws that produced loss of sovereignty and discriminated against formerly
124	124	96enslaved residents of African descent and their descendants who were deemed United States
125	125	97citizens from 1868 to the present; (vii) other forms of discrimination in the public and private
126	126	98sectors against residents of African descent and their descendants who were deemed United
127	127	99States citizens from 1868 to the present, including, but not limited to, redlining, educational
128	128	100funding discrepancies and predatory financial practices; and (viii) lingering negative effects of
129	129	101the institution of slavery and the matters described in this section on living African Americans
130	130	102who are descendants of persons enslaved in the United and society as a whole in the United
131	131	103States. 6 of 7
132	132	104 (h) The commission shall have the power to:
133	133	105 (i) hold hearings at any time and location in the commonwealth and request the
134	134	106attendance and testimony of witnesses at said hearings; (ii) request the production of books,
135	135	107records, correspondence, memoranda, papers and documents; (iv) research methods and
136	136	108materials for facilitating education, community dialogue, symbolic acknowledgment and other
137	137	109formal actions leading toward repair and a sense of justice among the people of the
138	138	110commonwealth; (v) recommend appropriate ways to educate the public about the findings and
139	139	111recommendations in the commission’s report; (vi) consider such other matters relating to the
140	140	112institution and legacies of slavery in the commonwealth as the members of the commission deem
141	141	113appropriate; (vii) provide lineage-based research and tools to residents of the commonwealth
142	142	114who are descendants of chattel slavery within the United States; and (viii) seek an order from a
143	143	115superior court compelling testimony or compliance with a subpoena.
144	144	116 (i) The commission may delegate to any subcommittee or member of the commission any
145	145	117action, which the commission is authorized to do or make.
146	146	118 (j) The commission may request from all state agencies such information and assistance
147	147	119as the commission may require. Each state agency shall cooperate with requests from the
148	148	120commission and shall provide such information and assistance requested, as permitted by law.
149	149	121The commission shall keep confidential any information received from a state agency that is
150	150	122confidential or not considered a public record under clause Twenty-sixth of section 7 of chapter
151	151	1234 of the General Laws and chapter 66 of the General Laws.
152	152	124 (k) In furtherance of the responsibilities established under this section, the commission
153	153	125may: (i) appoint and fix the compensation of such personnel as the commission considers 7 of 7
154	154	126appropriate; (ii) procure supplies, services and property by contract in accordance with
155	155	127applicable laws and rules; and (iii) enter into contracts for the purposes of conducting research or
156	156	128surveys, preparing reports and performing other activities necessary for the discharge of the
157	157	129duties of the commission with federal or state departments, agencies and other instrumentalities
158	158	130and private entities.
159	159	131 (l) Any reparation actions undertaken pursuant to this section shall be in addition to any
160	160	132reparation actions taken at the federal or local level.
161	161	133 SECTION 2. The first meeting of the commission shall occur not later than 90 days after
162	162	134the effective date of this act.