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1 | 1 | ||
2 | 2 | ||
3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | 4 | [Brackets] indicate matter deleted from existing law. | |
5 | - | Underlining indicates amendments to bill. | |
6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | - | amendment. | |
8 | 5 | *sb0587* | |
9 | 6 | ||
10 | 7 | SENATE BILL 587 | |
11 | 8 | P1 5lr3174 | |
12 | - | CF | |
13 | - | By: Senator Muse | |
9 | + | CF 5lr2817 | |
10 | + | By: Senator Muse | |
14 | 11 | Introduced and read first time: January 23, 2025 | |
15 | 12 | Assigned to: Education, Energy, and the Environment | |
16 | - | Committee Report: Favorable with amendments | |
17 | - | Senate action: Adopted | |
18 | - | Read second time: February 26, 2025 | |
19 | 13 | ||
20 | - | ||
14 | + | A BILL ENTITLED | |
21 | 15 | ||
22 | 16 | AN ACT concerning 1 | |
23 | 17 | ||
24 | 18 | State Government – Maryland Reparations Commission 2 | |
25 | 19 | ||
26 | 20 | FOR the purpose of establishing the Maryland Reparations Commission to study and make 3 | |
27 | 21 | recommendations relating to appropriate benefits to be offered to individuals whose 4 | |
28 | 22 | ancestors were enslaved in the State or were impacted by certain inequitable 5 | |
29 | 23 | government policies; and generally relating to the Maryland Reparations 6 | |
30 | 24 | Commission. 7 | |
31 | 25 | ||
32 | 26 | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 8 | |
33 | 27 | That: 9 | |
34 | 28 | ||
35 | 29 | (a) (1) In this section the following words have the meanings indicated. 10 | |
36 | 30 | ||
37 | 31 | (2) “Commission” means the Maryland Reparations Commission. 11 | |
38 | 32 | ||
39 | 33 | (3) “Individuals impacted by historical inequality” means: 12 | |
40 | 34 | ||
41 | 35 | (i) individuals having origins in any of the Black racial groups of 13 | |
42 | 36 | Africa; and 14 | |
43 | 37 | ||
44 | 38 | (ii) individuals whose ancestors were: 15 | |
45 | 39 | ||
46 | 40 | 1. enslaved in the State; or 16 | |
47 | 41 | ||
48 | - | 2. impacted by inequitable government policies. 17 2 SENATE BILL 587 | |
42 | + | 2. impacted by inequitable government policies. 17 | |
43 | + | ||
44 | + | (4) “Inequitable government policies” means federal, State, or local 18 | |
45 | + | government policies during the periods commonly known as the post–Reconstruction era 19 | |
46 | + | and the Jim Crow era, 1877 through 1965, that have led to economic disparities based on 20 | |
47 | + | race, including housing segregation and discrimination, redlining, restrictive covenants, 21 | |
48 | + | and tax policies. 22 2 SENATE BILL 587 | |
49 | 49 | ||
50 | 50 | ||
51 | 51 | ||
52 | - | (4) “Inequitable government policies” means federal, State, or local 1 | |
53 | - | government policies during the periods commonly known as the post–Reconstruction era 2 | |
54 | - | and the Jim Crow era, 1877 through 1965, that have led to economic disparities based on 3 | |
55 | - | race, including housing segregation and discrimination, redlining, restrictive covenants, 4 | |
56 | - | and tax policies. 5 | |
52 | + | (b) There is a Maryland Reparations Commission. 1 | |
57 | 53 | ||
58 | - | ( | |
54 | + | (c) The Commission consists of: 2 | |
59 | 55 | ||
60 | - | (c) The Commission consists of: 7 | |
56 | + | (1) two members of the Senate of Maryland, one of whom is a member of 3 | |
57 | + | the Legislative Black Caucus, appointed by the President of the Senate; 4 | |
61 | 58 | ||
62 | - | ( | |
63 | - | the Legislative Black Caucus, appointed by the | |
59 | + | (2) two members of the House of Delegates, one of whom is a member of 5 | |
60 | + | the Legislative Black Caucus, appointed by the Speaker of the House; 6 | |
64 | 61 | ||
65 | - | (2) two members of the House of Delegates, one of whom is a member of 10 | |
66 | - | the Legislative Black Caucus, appointed by the Speaker of the House; 11 | |
62 | + | (3) the Comptroller, or the Comptroller’s designee; 7 | |
67 | 63 | ||
68 | - | ( | |
64 | + | (4) the State Treasurer, or the Treasurer’s designee; 8 | |
69 | 65 | ||
70 | - | ( | |
66 | + | (5) the State Archivist, or the State Archivist’s designee; 9 | |
71 | 67 | ||
72 | - | (5) the State Archivist, or the State Archivist’s designee; 14 | |
68 | + | (6) one member of the Maryland Center for History and Culture, 10 | |
69 | + | designated by the President of the Maryland Center for History and Culture; 11 | |
73 | 70 | ||
74 | - | (6) one member of the Maryland Center for History and Culture, 15 | |
75 | - | designated by the President of the Maryland Center for History and Culture; 16 | |
71 | + | (7) one member of the National Association for the Advancement of Colored 12 | |
72 | + | People, designated by the National Association for the Advancement of Colored People 13 | |
73 | + | Maryland State Conference President; 14 | |
76 | 74 | ||
77 | - | (7) one member of the National Association for the Advancement of Colored 17 | |
78 | - | People, designated by the National Association for the Advancement of Colored People 18 | |
79 | - | Maryland State Conference President; 19 | |
75 | + | (8) two employees of historically Black colleges and universities in the 15 | |
76 | + | State who have expertise in the history of slavery, one of whom represents a private college 16 | |
77 | + | or university and one of whom represents a public college or university, designated by the 17 | |
78 | + | Maryland Legislative Black Caucus; 18 | |
80 | 79 | ||
81 | - | (8) two employees of historically Black colleges and universities in the 20 | |
82 | - | State who have expertise in the history of slavery, one of whom represents a private college 21 | |
83 | - | or university and one of whom represents a public college or university, designated by the 22 | |
84 | - | Maryland Legislative Black Caucus; 23 | |
80 | + | (9) a representative of the Maryland Black Chamber of Commerce, 19 | |
81 | + | designated by the President of the Maryland Black Chamber of Commerce; 20 | |
85 | 82 | ||
86 | - | ( | |
87 | - | designated by the President | |
83 | + | (10) a representative of the Baltimore Chapter of the National Association 21 | |
84 | + | of Real Estate Brokers, designated by the Local Board President; 22 | |
88 | 85 | ||
89 | - | (10) a representative of the Baltimore Chapter of the National Association 26 | |
90 | - | of Real Estate Brokers, designated by the Local Board President; 27 | |
86 | + | (11) a representative for the Association for the Study of African American 23 | |
87 | + | Life and History, designated by the President of the Association for the Study of African 24 | |
88 | + | American Life and History; 25 | |
91 | 89 | ||
92 | - | (11) a representative for the Association for the Study of African American 28 | |
93 | - | Life and History, designated by the President of the Association for the Study of African 29 | |
94 | - | American Life and History; 30 | |
90 | + | (12) a representative of the Maryland Lynching Truth and Reconciliation 26 | |
91 | + | Commission, designated by the Chair of the Commission; and 27 | |
95 | 92 | ||
96 | - | (12) a representative of the Maryland Lynching Truth and Reconciliation 31 | |
97 | - | Commission, designated by the Chair of the Commission; and 32 SENATE BILL 587 3 | |
93 | + | (13) the following members appointed by the Governor: 28 | |
94 | + | ||
95 | + | (i) a mental health expert; 29 | |
96 | + | SENATE BILL 587 3 | |
98 | 97 | ||
99 | 98 | ||
99 | + | (ii) two historians, with expertise in researching the impacts of 1 | |
100 | + | enslavement and housing segregation; 2 | |
100 | 101 | ||
101 | - | (13) the following members appointed by the Governor: 1 | |
102 | + | (iii) a representative of a religious institution that serves a 3 | |
103 | + | community with a high minority population; 4 | |
102 | 104 | ||
103 | - | (i) a mental health expert; 2 | |
105 | + | (iv) an attorney with expertise in civil rights law or constitutional 5 | |
106 | + | law; 6 | |
104 | 107 | ||
105 | - | ( | |
106 | - | ||
108 | + | (v) a representative of an African American financial institution; 7 | |
109 | + | and 8 | |
107 | 110 | ||
108 | - | (iii) a representative of a religious institution that serves a 5 | |
109 | - | community with a high minority population; 6 | |
111 | + | (vi) two members of the general public. 9 | |
110 | 112 | ||
111 | - | (iv) an attorney with expertise in civil rights law or constitutional 7 | |
112 | - | law; 8 | |
113 | + | (d) The Commission shall select from among its members a chair and a vice chair. 10 | |
113 | 114 | ||
114 | - | (v) a representative of an African American financial institution; 9 | |
115 | - | and 10 | |
115 | + | (e) A member of the Commission: 11 | |
116 | 116 | ||
117 | - | ( | |
117 | + | (1) may not receive compensation as a member of the Commission; but 12 | |
118 | 118 | ||
119 | - | (d) The Commission shall select from among its members a chair and a vice chair. 12 | |
119 | + | (2) is entitled to reimbursement for expenses under the Standard State 13 | |
120 | + | Travel Regulations, as provided in the State budget. 14 | |
120 | 121 | ||
121 | - | (e) A member of the Commission: 13 | |
122 | + | (f) The State Archives and the public college or university represented under 15 | |
123 | + | subsection (c)(8) of this section shall jointly provide staff for the Commission. 16 | |
122 | 124 | ||
123 | - | (1) | |
125 | + | (g) (1) The Commission shall: 17 | |
124 | 126 | ||
125 | - | ( | |
126 | - | ||
127 | + | (i) study and make recommendations relating to appropriate 18 | |
128 | + | benefits to be offered to individuals impacted by historical inequality; 19 | |
127 | 129 | ||
128 | - | (f) The State Archives and the public college or university represented under 17 | |
129 | - | subsection (c)(8) of this section shall jointly provide staff for the Commission. 18 | |
130 | + | (ii) on or before January 1, 2027, submit a preliminary report of its 20 | |
131 | + | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 21 | |
132 | + | State Government Article, the General Assembly; and 22 | |
130 | 133 | ||
131 | - | (g) (1) The Commission shall: 19 | |
134 | + | (iii) on or before November 1, 2027, submit a final report of its 23 | |
135 | + | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 24 | |
136 | + | State Government Article, the General Assembly. 25 | |
132 | 137 | ||
133 | - | ( | |
134 | - | ||
138 | + | (2) In conducting the study required under paragraph (1) of this 26 | |
139 | + | subsection, the Commission shall examine: 27 | |
135 | 140 | ||
136 | - | (ii) on or before January 1, 2027, submit a preliminary report of its 22 | |
137 | - | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 23 | |
138 | - | State Government Article, the General Assembly; and 24 | |
139 | - | ||
140 | - | (iii) on or before November 1, 2027, submit a final report of its 25 | |
141 | - | findings and recommendations to the Governor and, in accordance with § 2–1257 of the 26 | |
142 | - | State Government Article, the General Assembly. 27 | |
143 | - | ||
144 | - | (2) In conducting the study required under paragraph (1) of this 28 | |
145 | - | subsection, the Commission shall examine: 29 | |
141 | + | (i) reparations payments made and benefits offered in the United 28 | |
142 | + | States by the federal government, states, cities, religious institutions, and colleges and 29 | |
143 | + | universities; 30 | |
146 | 144 | 4 SENATE BILL 587 | |
147 | 145 | ||
148 | 146 | ||
149 | - | (i) reparations payments made and benefits offered in the United 1 | |
150 | - | States by the federal government, states, cities, religious institutions, and colleges and 2 | |
151 | - | universities; 3 | |
147 | + | (ii) types of benefits appropriate for reparations, including official 1 | |
148 | + | statements of apology, monetary compensation, property tax rebates, social service 2 | |
149 | + | assistance, licensing and permit fee waivers and reimbursement, down payment assistance 3 | |
150 | + | for the purchase of residential real property, business incentives, child care, debt 4 | |
151 | + | forgiveness, and higher education tuition payment waivers and reimbursement; 5 | |
152 | 152 | ||
153 | - | (ii) types of benefits appropriate for reparations, including official 4 | |
154 | - | statements of apology, monetary compensation, property tax rebates, social service 5 | |
155 | - | assistance, licensing and permit fee waivers and reimbursement, down payment assistance 6 | |
156 | - | for the purchase of residential real property, business incentives, child care, debt 7 | |
157 | - | forgiveness, and higher education tuition payment waivers and reimbursement; 8 | |
153 | + | (iii) the history of slavery in Maryland and the number of individuals 6 | |
154 | + | whose ancestors were enslaved in the State; 7 | |
158 | 155 | ||
159 | - | ( | |
160 | - | ||
156 | + | (iv) inequitable government policies, the size of the impacted 8 | |
157 | + | populations, and how public and private institutions benefited from these policies; and 9 | |
161 | 158 | ||
162 | - | (iv) inequitable government policies, the size of the impacted 11 | |
163 | - | populations, and how public and private institutions benefited from these policies; and 12 | |
159 | + | (v) any other topic deemed appropriate by the Commission. 10 | |
164 | 160 | ||
165 | - | (v) any other topic deemed appropriate by the Commission. 13 | |
161 | + | (3) Recommendations made by the Commission under paragraph (1) of this 11 | |
162 | + | subsection shall include: 12 | |
166 | 163 | ||
167 | - | ( | |
168 | - | ||
164 | + | (i) common procedures for evaluating evidence of the lineage of 13 | |
165 | + | potential recipients; 14 | |
169 | 166 | ||
170 | - | ( | |
171 | - | ||
167 | + | (ii) information necessary to be included in any application to verify 15 | |
168 | + | lineage and receive reparations; 16 | |
172 | 169 | ||
173 | - | ( | |
174 | - | ||
170 | + | (iii) eligibility requirements for applicants, if any, including 17 | |
171 | + | appropriate methods of demonstrating eligibility; 18 | |
175 | 172 | ||
176 | - | (iii) eligibility requirements for applicants, if any, including 20 | |
177 | - | appropriate methods of demonstrating eligibility; 21 | |
173 | + | (iv) a process for approving applications for benefits; 19 | |
178 | 174 | ||
179 | - | (iv) a process for approving applications for benefits; 22 | |
175 | + | (v) an estimate of the costs associated with awarding any type of 20 | |
176 | + | reparations recommended by the Commission; and 21 | |
180 | 177 | ||
181 | - | ( | |
182 | - | ||
178 | + | (vi) if monetary compensation is a type of reparation recommended 22 | |
179 | + | by the Commission: 23 | |
183 | 180 | ||
184 | - | | |
185 | - | ||
181 | + | 1. the amount of monetary compensation recommended and 24 | |
182 | + | method of calculating the amount, including, as appropriate: 25 | |
186 | 183 | ||
187 | - | | |
188 | - | ||
184 | + | A. the length and conditions of the enslavement of the 26 | |
185 | + | individual or individuals from whom the applicant is descended; or 27 | |
189 | 186 | ||
190 | - | A. the length and conditions of the enslavement of the 29 | |
191 | - | individual or individuals from whom the applicant is descended; or 30 | |
187 | + | B. the level and impact of the economic disparity suffered; 28 | |
192 | 188 | ||
193 | - | B. the level and impact of the economic disparity suffered; 31 | |
189 | + | 2. potential sources of funding, including fees paid by private 29 | |
190 | + | businesses and organizations in the State that have benefited from the institution of 30 | |
191 | + | slavery or inequitable government policies; 31 | |
194 | 192 | SENATE BILL 587 5 | |
195 | 193 | ||
196 | 194 | ||
197 | - | 2. potential sources of funding, including fees paid by private 1 | |
198 | - | businesses and organizations in the State that have benefited from the institution of 2 | |
199 | - | slavery or inequitable government policies; 3 | |
195 | + | 3. the feasibility of creating and administering a reparations 1 | |
196 | + | fund; and 2 | |
200 | 197 | ||
201 | - | 3. the feasibility of creating and administering a reparations 4 | |
202 | - | fund; and 5 | |
198 | + | 4. appropriate methods for distributing the recommended 3 | |
199 | + | compensation, including the use of fiscal agents, business incubators, community 4 | |
200 | + | development corporations, credit unions, or other community institutions. 5 | |
203 | 201 | ||
204 | - | 4. appropriate methods for distributing the recommended 6 | |
205 | - | compensation, including the use of fiscal agents, business incubators, community 7 | |
206 | - | development corporations, credit unions, or other community institutions. 8 | |
202 | + | (h) (1) The Commission may seek the assistance of State agencies in 6 | |
203 | + | conducting the study or making recommendations under this section. 7 | |
207 | 204 | ||
208 | - | ( | |
209 | - | ||
205 | + | (2) To the extent authorized by law, State agencies shall assist the 8 | |
206 | + | Commission in a request made under this subsection. 9 | |
210 | 207 | ||
211 | - | (2) To the extent authorized by law, State agencies shall assist the 11 | |
212 | - | Commission in a request made under this subsection. 12 | |
208 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 10 | |
209 | + | 1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 11 | |
210 | + | this Act, with no further action required by the General Assembly, shall be abrogated and 12 | |
211 | + | of no further force and effect. 13 | |
213 | 212 | ||
214 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 13 | |
215 | - | 1, 2025. It shall remain effective for a period of 3 years and, at the end of June 30, 2028, 14 | |
216 | - | this Act, with no further action required by the General Assembly, shall be abrogated and 15 | |
217 | - | of no further force and effect. 16 | |
218 | - | ||
219 | - | ||
220 | - | ||
221 | - | ||
222 | - | Approved: | |
223 | - | ________________________________________________________________________________ | |
224 | - | Governor. | |
225 | - | ________________________________________________________________________________ | |
226 | - | President of the Senate. | |
227 | - | ________________________________________________________________________________ | |
228 | - | Speaker of the House of Delegates. |