1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1422* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1422 |
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8 | 8 | | P1 5lr2817 |
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9 | 9 | | CF SB 587 |
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10 | 10 | | By: Delegates McCaskill, Acevero, Addison, Boyce, Charkoudian, Crutchfield, |
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11 | 11 | | Davis, Ebersole, Embry, Fair, Feldmark, Hill, A. Johnson, Kaiser, Kaufman, |
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12 | 12 | | Martinez, Mireku–North, Pasteur, Patterson, Phillips, Roberson, Ruff, |
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13 | 13 | | Ruth, Simmons, Smith, Taylor, Toles, Wells, White Holland, Wilkins, Woods, |
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14 | 14 | | and Young |
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15 | 15 | | Introduced and read first time: February 7, 2025 |
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16 | 16 | | Assigned to: Health and Government Operations |
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17 | 17 | | |
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18 | 18 | | A BILL ENTITLED |
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19 | 19 | | |
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20 | 20 | | AN ACT concerning 1 |
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21 | 21 | | |
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22 | 22 | | State Government – Maryland Reparations Commission 2 |
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23 | 23 | | |
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24 | 24 | | FOR the purpose of establishing the Maryland Reparations Commission to study and make 3 |
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25 | 25 | | recommendations relating to appropriate benefits to be offered to individuals whose 4 |
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26 | 26 | | ancestors were enslaved in the State or were impacted by certain inequitable 5 |
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27 | 27 | | government policies; and generally relating to the Maryland Reparations 6 |
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28 | 28 | | Commission. 7 |
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29 | 29 | | |
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30 | 30 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 |
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31 | 31 | | That: 9 |
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32 | 32 | | |
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33 | 33 | | (a) (1) In this section the following words have the meanings indicated. 10 |
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34 | 34 | | |
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35 | 35 | | (2) “Commission” means the Maryland Reparations Commission. 11 |
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36 | 36 | | |
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37 | 37 | | (3) “Individuals impacted by historical inequality” means: 12 |
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38 | 38 | | |
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39 | 39 | | (i) individuals having origins in any of the Black racial groups of 13 |
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40 | 40 | | Africa; and 14 |
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41 | 41 | | |
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42 | 42 | | (ii) individuals whose ancestors were: 15 |
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43 | 43 | | |
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44 | 44 | | 1. enslaved in the State; or 16 |
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45 | 45 | | |
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46 | 46 | | 2. impacted by inequitable government policies. 17 |
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47 | 47 | | 2 HOUSE BILL 1422 |
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48 | 48 | | |
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49 | 49 | | |
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50 | 50 | | (4) “Inequitable government policies” means federal, State, or local 1 |
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51 | 51 | | government policies during the periods commonly known as the post–Reconstruction era 2 |
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52 | 52 | | and the Jim Crow era, 1877 through 1965, that have led to economic disparities based on 3 |
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53 | 53 | | race, including housing segregation and discrimination, redlining, restrictive covenants, 4 |
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54 | 54 | | and tax policies. 5 |
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55 | 55 | | |
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56 | 56 | | (b) There is a Maryland Reparations Commission. 6 |
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57 | 57 | | |
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58 | 58 | | (c) The Commission consists of: 7 |
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59 | 59 | | |
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60 | 60 | | (1) two members of the Senate of Maryland, one of whom is a member of 8 |
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61 | 61 | | the Legislative Black Caucus, appointed by the President of the Senate; 9 |
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62 | 62 | | |
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63 | 63 | | (2) two members of the House of Delegates, one of whom is a member of 10 |
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64 | 64 | | the Legislative Black Caucus, appointed by the Speaker of the House; 11 |
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65 | 65 | | |
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66 | 66 | | (3) the Comptroller, or the Comptroller’s designee; 12 |
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67 | 67 | | |
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68 | 68 | | (4) the State Treasurer, or the Treasurer’s designee; 13 |
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69 | 69 | | |
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70 | 70 | | (5) the State Archivist, or the State Archivist’s designee; 14 |
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71 | 71 | | |
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72 | 72 | | (6) one member of the Maryland Center for History and Culture, 15 |
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73 | 73 | | designated by the President of the Maryland Center for History and Culture; 16 |
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74 | 74 | | |
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75 | 75 | | (7) one member of the National Association for the Advancement of Colored 17 |
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76 | 76 | | People, designated by the National Association for the Advancement of Colored People 18 |
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77 | 77 | | Maryland State Conference President; 19 |
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78 | 78 | | |
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79 | 79 | | (8) two employees of historically Black colleges and universities in the 20 |
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80 | 80 | | State who have expertise in the history of slavery, one of whom represents a private college 21 |
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81 | 81 | | or university and one of whom represents a public college or university, designated by the 22 |
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82 | 82 | | Maryland Legislative Black Caucus; 23 |
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83 | 83 | | |
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84 | 84 | | (9) a representative of the Maryland Black Chamber of Commerce, 24 |
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85 | 85 | | designated by the President of the Maryland Black Chamber of Commerce; 25 |
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86 | 86 | | |
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87 | 87 | | (10) a representative of the Baltimore Chapter of the National Association 26 |
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88 | 88 | | of Real Estate Brokers, designated by the Local Board President; 27 |
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89 | 89 | | |
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90 | 90 | | (11) a representative for the Association for the Study of African American 28 |
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91 | 91 | | Life and History, designated by the President of the Association for the Study of African 29 |
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92 | 92 | | American Life and History; 30 |
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93 | 93 | | |
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94 | 94 | | (12) a representative of the Maryland Lynching Truth and Reconciliation 31 |
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95 | 95 | | Commission, designated by the Chair of the Commission; and 32 |
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96 | 96 | | HOUSE BILL 1422 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | (13) the following members appointed by the Governor: 1 |
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100 | 100 | | |
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101 | 101 | | (i) a mental health expert; 2 |
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102 | 102 | | |
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103 | 103 | | (ii) two historians, with expertise in researching the impacts of 3 |
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104 | 104 | | enslavement and housing segregation; 4 |
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105 | 105 | | |
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106 | 106 | | (iii) a representative of a religious institution that serves a 5 |
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107 | 107 | | community with a high minority population; 6 |
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108 | 108 | | |
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109 | 109 | | (iv) an attorney with expertise in civil rights law or constitutional 7 |
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110 | 110 | | law; 8 |
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111 | 111 | | |
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112 | 112 | | (v) a representative of an African American financial institution; 9 |
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113 | 113 | | and 10 |
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114 | 114 | | |
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115 | 115 | | (vi) two members of the general public. 11 |
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116 | 116 | | |
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117 | 117 | | (d) The Commission shall select from among its members a chair and a vice chair. 12 |
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118 | 118 | | |
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119 | 119 | | (e) A member of the Commission: 13 |
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120 | 120 | | |
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121 | 121 | | (1) may not receive compensation as a member of the Commission; but 14 |
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122 | 122 | | |
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123 | 123 | | (2) is entitled to reimbursement for expenses under the Standard State 15 |
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124 | 124 | | Travel Regulations, as provided in the State budget. 16 |
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125 | 125 | | |
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126 | 126 | | (f) The State Archives and the public college or university represented under 17 |
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127 | 127 | | subsection (c)(8) of this section shall jointly provide staff for the Commission. 18 |
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128 | 128 | | |
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129 | 129 | | (g) (1) The Commission shall: 19 |
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130 | 130 | | |
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131 | 131 | | (i) study and make recommendations relating to appropriate 20 |
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132 | 132 | | benefits to be offered to individuals impacted by historical inequality; 21 |
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133 | 133 | | |
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134 | 134 | | (ii) on or before January 1, 2027, submit a preliminary report of its 22 |
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135 | 135 | | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 23 |
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136 | 136 | | State Government Article, the General Assembly; and 24 |
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137 | 137 | | |
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138 | 138 | | (iii) on or before November 1, 2027, submit a final report of its 25 |
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139 | 139 | | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 26 |
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140 | 140 | | State Government Article, the General Assembly. 27 |
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141 | 141 | | |
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142 | 142 | | (2) In conducting the study required under paragraph (1) of this 28 |
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143 | 143 | | subsection, the Commission shall examine: 29 |
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144 | 144 | | 4 HOUSE BILL 1422 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | (i) reparations payments made and benefits offered in the United 1 |
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148 | 148 | | States by the federal government, states, cities, religious institutions, and colleges and 2 |
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149 | 149 | | universities; 3 |
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150 | 150 | | |
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151 | 151 | | (ii) types of benefits appropriate for reparations, including official 4 |
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152 | 152 | | statements of apology, monetary compensation, property tax rebates, social service 5 |
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153 | 153 | | assistance, licensing and permit fee waivers and reimbursement, down payment assistance 6 |
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154 | 154 | | for the purchase of residential real property, business incentives, child care, debt 7 |
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155 | 155 | | forgiveness, and higher education tuition payment waivers and reimbursement; 8 |
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156 | 156 | | |
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157 | 157 | | (iii) the history of slavery in Maryland and the number of individuals 9 |
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158 | 158 | | whose ancestors were enslaved in the State; 10 |
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159 | 159 | | |
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160 | 160 | | (iv) inequitable government policies, the size of the impacted 11 |
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161 | 161 | | populations, and how public and private institutions benefited from these policies; and 12 |
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162 | 162 | | |
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163 | 163 | | (v) any other topic deemed appropriate by the Commission. 13 |
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164 | 164 | | |
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165 | 165 | | (3) Recommendations made by the Commission under paragraph (1) of this 14 |
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166 | 166 | | subsection shall include: 15 |
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167 | 167 | | |
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168 | 168 | | (i) common procedures for evaluating evidence of the lineage of 16 |
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169 | 169 | | potential recipients; 17 |
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170 | 170 | | |
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171 | 171 | | (ii) information necessary to be included in any application to verify 18 |
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172 | 172 | | lineage and receive reparations; 19 |
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173 | 173 | | |
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174 | 174 | | (iii) eligibility requirements for applicants, if any, including 20 |
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175 | 175 | | appropriate methods of demonstrating eligibility; 21 |
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176 | 176 | | |
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177 | 177 | | (iv) a process for approving applications for benefits; 22 |
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178 | 178 | | |
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179 | 179 | | (v) an estimate of the costs associated with awarding any type of 23 |
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180 | 180 | | reparations recommended by the Commission; and 24 |
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181 | 181 | | |
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182 | 182 | | (vi) if monetary compensation is a type of reparation recommended 25 |
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183 | 183 | | by the Commission: 26 |
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184 | 184 | | |
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185 | 185 | | 1. the amount of monetary compensation recommended and 27 |
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186 | 186 | | method of calculating the amount, including, as appropriate: 28 |
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187 | 187 | | |
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188 | 188 | | A. the length and conditions of the enslavement of the 29 |
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189 | 189 | | individual or individuals from whom the applicant is descended; or 30 |
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190 | 190 | | |
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191 | 191 | | B. the level and impact of the economic disparity suffered; 31 |
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192 | 192 | | HOUSE BILL 1422 5 |
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193 | 193 | | |
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194 | 194 | | |
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195 | 195 | | 2. potential sources of funding, including fees paid by private 1 |
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196 | 196 | | businesses and organizations in the State that have benefited from the institution of 2 |
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197 | 197 | | slavery or inequitable government policies; 3 |
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198 | 198 | | |
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199 | 199 | | 3. the feasibility of creating and administering a reparations 4 |
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200 | 200 | | fund; and 5 |
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201 | 201 | | |
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202 | 202 | | 4. appropriate methods for distributing the recommended 6 |
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203 | 203 | | compensation, including the use of fiscal agents, business incubators, community 7 |
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204 | 204 | | development corporations, credit unions, or other community institutions. 8 |
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205 | 205 | | |
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206 | 206 | | (h) (1) The Commission may seek the assistance of State agencies in 9 |
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207 | 207 | | conducting the study or making recommendations under this section. 10 |
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208 | 208 | | |
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209 | 209 | | (2) To the extent authorized by law, State agencies shall assist the 11 |
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210 | 210 | | Commission in a request made under this subsection. 12 |
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211 | 211 | | |
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212 | 212 | | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13 |
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213 | 213 | | 1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 14 |
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214 | 214 | | this Act, with no further action required by the General Assembly, shall be abrogated and 15 |
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215 | 215 | | of no further force and effect. 16 |
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