Bill Text: NY S02904 | 2019-2020 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to acknowledging the fundamental injustice, cruelty, brutality, and inhumanity of slavery in the city of New York and the state of New York; establishes the New York state community commission on reparations remedies to examine the institution of slavery, subsequently de jure and de facto racial and economic discrimination against African-Americans, the impact of these forces on living African-Americans and to make recommendations on appropriate remedies; makes an appropriation therefor; and provides for the repeal of such provisions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-07-10 - PRINT NUMBER 2904C [S02904 Detail]

Download: New_York-2019-S02904-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2904
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 30, 2019
                                       ___________
        Introduced by Sens. SANDERS, PARKER, SEPULVEDA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Finance
        AN  ACT to acknowledge the fundamental injustice, cruelty, brutality and
          inhumanity of slavery in the city of New York and  the  state  of  New
          York; to establish the Commission to Study Reparations for African-Am-
          ericans and to Recommend Remedies, to examine the institution of slav-
          ery,  subsequently  de jure and de facto racial and economic discrimi-
          nation against African-Americans, and the impact of  these  forces  on
          living  African-Americans  and  to make recommendations on appropriate
          remedies; making an appropriation  therefor;  and  providing  for  the
          repeal of such provisions upon expiration thereof
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. This act shall be known and may be cited  as  the  "Repara-
     2  tions  commission  on  slavery  in  New York state; a study and call for
     3  remedies act".
     4    § 2. Legislative intent.  Contrary to what many people believe,  slav-
     5  ery  was  not  just  a southern institution. Prior to the American Revo-
     6  lution, there were more enslaved Africans in New York City than  in  any
     7  other city except Charleston, South Carolina. During this period, slaves
     8  accounted for 20% of the population of New York and approximately 40% of
     9  colonial  New York's households owned slaves. These slaves were an inte-
    10  gral part of the population which settled and developed what we now know
    11  as the state of New York.
    12    The first slaves arrived in New Amsterdam, a Dutch  settlement  estab-
    13  lished  at  the  southern  tip  of  Manhattan Island, around 1627. These
    14  enslaved Africans did not belong to  individuals,  but  worked  for  the
    15  Dutch  West  India Company. The Dutch East India Company had established
    16  Fort Amsterdam, a fortification located  on  the  southern  tip  of  the
    17  island  of  Manhattan,  for  the  purpose of defending the company's fur
    18  trade operations in the North River, now known as the Hudson  River.  In
    19  1624,  New Amsterdam became a provincial extension of the Dutch Republic
    20  and it was designated the capital of the province in 1625.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00029-01-9
        S. 2904                             2
     1    These first enslaved Africans cleared forests, prepared land for agri-
     2  culture and built an infrastructure of roads,  buildings  and  walls  of
     3  timber  and  earthwork,  including  the  wall that gives Wall Street its
     4  name. During the following years, more and more enslaved  Africans  were
     5  brought to the New World for the purpose of expanding the settlement.
     6    New  Amsterdam  came under English control in 1664 and was renamed New
     7  York in honor of the then Duke of York, in whose name  the  English  had
     8  captured  it.  Three  years  later, the Dutch gave up their claim to the
     9  town and the rest of the colony, in  exchange  for  control  of  certain
    10  trade routes and areas.
    11    The  change  of  control  of the city did not deter slavery; it was an
    12  enormously profitable enterprise and it continued under the English. New
    13  York businesses  engaged  directly  in  slave  trade  and  also  in  the
    14  production  of  supplies  used  in the slave trade.  They supplied food,
    15  tools and grain to slave plantations in North America and  in  the  West
    16  Indies.    Slave labor built and maintained ships used for trade between
    17  North America, Europe, the Caribbean and Africa. Slaves  produced  goods
    18  for  sale  and  worked  in private homes. Even newspapers benefited from
    19  slavery:  advertisements of slaves for purchase were a major  source  of
    20  revenue for the papers during the eighteenth century.
    21    Life  was  repressive for slaves in New York. The New York City Common
    22  Council passed a number of restrictive laws designed at  curtailing  the
    23  rights  and  freedoms of slaves.  Slaves were barred from owning signif-
    24  icant property and from bequeathing what they did own to their children.
    25  The number of people of African descent who could gather  in  one  place
    26  was limited. Restrictions on movement included requiring slaves to carry
    27  lanterns after dark and to remain in certain geographic areas.
    28    Penalties  for  breaking  these  and other laws were severe. Beatings,
    29  mutilations and executions were common.
    30    Enslaved Africans refused to submit to the slave existence. The condi-
    31  tions of their lives gave rise to rebellions and the development in  the
    32  city of a network of the Underground Railroad.
    33    Not  all  citizens  of New York agreed with slavery. A powerful aboli-
    34  tionist movement developed, but the end of slavery in New York  did  not
    35  come easily or quickly. Those who profited from the slave economy fought
    36  to maintain the system.
    37    In  1799 the New York state legislature passed "An Act for the Gradual
    38  Abolition of Slavery". This legislation was a first step in  the  direc-
    39  tion of emancipation, but did not have an immediate effect or affect all
    40  slaves.  Rather,  it provided for gradual manumission. All children born
    41  to slave women after July 4, 1799 would be freed, but only  after  their
    42  most  productive  years:  age  28  for  men and age 25 for women. Slaves
    43  already in servitude before July 4, 1799 were  reclassified  as  "inden-
    44  tured  servants",  but  in  reality, remained slaves for the duration of
    45  their lives.
    46    In 1817, the Legislature enacted a statute that gave  freedom  to  New
    47  York  slaves who had been born before July 4, 1799. This statute did not
    48  become effective until July 4, 1827, however.
    49    Despite these laws, there were exceptions under which certain  persons
    50  could  still  own slaves. Non-residents could enter New York with slaves
    51  for up to nine months, and allowing part-time residents to  bring  their
    52  slaves  into  the  state temporarily. The nine-months exception remained
    53  law until its repeal in 1841, when the North was re-defining  itself  as
    54  the "free" region in advance of the civil war.
    55    In  1991,  a huge African burial ground was discovered in the heart of
    56  New York's financial district during construction of a  skyscraper.  The
        S. 2904                             3
     1  excavations  that  followed  the termination of the construction project
     2  yielded the skeletal remains of 419 Africans, many of  whom  were  women
     3  and children.
     4    The  slavery  that  flourished  in  the  New York state constituted an
     5  immoral and inhumane deprivation of  Africans'  life,  liberty,  African
     6  citizenship rights, and cultural heritage, and denied them the fruits of
     7  their  own  labor. Sufficient inquiry has not been made into the effects
     8  of the institution of slavery on living African-Americans and society in
     9  New York.
    10    § 3. Establishment, purpose and duties of the commission.   a.  Estab-
    11  lishment.  There  is  hereby established the Commission to Study Repara-
    12  tions for  African-Americans  and  to  Recommend  Remedies  (hereinafter
    13  referred to as the "commission").
    14    b. Duties. The commission shall perform the following duties:
    15    (1)  Examine the institution of slavery which existed within the state
    16  of New York and in the city of New York.  The  commission's  examination
    17  shall include an examination of:
    18    (A) the capture and procurement of Africans;
    19    (B)  the  transport  of Africans to the United States and the colonies
    20  that became the United States for the purpose of enslavement,  including
    21  their treatment during transport;
    22    (C) the sale and acquisition of Africans as chattel property in inter-
    23  state and intrastate commerce; and
    24    (D)  the  treatment  of African slaves in the city of New York and the
    25  state of New York, including the deprivation of their freedom, exploita-
    26  tion of their labor, and destruction of their culture,  language,  reli-
    27  gion, and families.
    28    (2)  Examine  the extent to which the federal and state governments of
    29  the United States supported the institution of slavery in constitutional
    30  and statutory provisions, including the extent to which such governments
    31  prevented, opposed, or restricted efforts of  freed  African  slaves  to
    32  repatriate to their homeland.
    33    (3)  Examine  federal  and state laws that discriminated against freed
    34  African slaves and their descendants during the period between  the  end
    35  of the Civil War and the present.
    36    (4)  Examine  other  forms of discrimination in the public and private
    37  sectors against freed African slaves and their  descendants  during  the
    38  period between the end of the Civil War and the present.
    39    (5) Examine the lingering negative effects of the institution of slav-
    40  ery  and  the  matters described in paragraphs (1), (2), (3), and (4) of
    41  this subdivision on living  African-Americans  and  on  society  in  the
    42  United States.
    43    (6)  Recommend  appropriate ways to educate the American public of the
    44  commission's findings.
    45    (7) Recommend appropriate remedies in  consideration  of  the  commis-
    46  sion's  findings  on  the matters described in paragraphs (1), (2), (3),
    47  and (4) of this subdivision. In making such recommendations, the commis-
    48  sion shall address among other issues, the following questions:
    49    (A) whether the New York state legislature should offer a formal apol-
    50  ogy on behalf of the people of the United States for the perpetration of
    51  gross human rights violations on African slaves and their descendants;
    52    (B) whether African-Americans still suffer from the lingering  effects
    53  of  the  matters  described in paragraphs (1), (2), (3), and (4) of this
    54  subdivision;
    55    (C) whether, in consideration of the commission's findings,  any  form
    56  of compensation to the descendants of African slaves is warranted; and
        S. 2904                             4
     1    (D)  if the commission finds that such compensation is warranted, what
     2  should be the amount of compensation, what form of  compensation  should
     3  be awarded, and who should be eligible for such compensation.
     4    c.  Report  to  the legislature. The commission shall submit a written
     5  report of its findings and recommendations to the temporary president of
     6  the senate, the speaker of the assembly, the  minority  leaders  of  the
     7  senate  and  the assembly and the governor not later than the date which
     8  is one year after the date of the first meeting of the  commission  held
     9  pursuant to subdivision c of section four of this act.
    10    § 4. Membership. a. The commission shall be composed of eleven members
    11  who  shall  be appointed within 90 days after the effective date of this
    12  act, as follows:
    13    (1) one member shall be appointed by the governor;
    14    (2) one member shall be appointed by the speaker of the assembly;
    15    (3) one member shall be appointed by the temporary  president  of  the
    16  senate;
    17    (4) one member shall be appointed by the minority leader of the assem-
    18  bly;
    19    (5)  one  member  shall  be  appointed  by  the minority leader of the
    20  senate;
    21    (6) two members shall be appointed by the National Coalition of Blacks
    22  for Reparations in America (N.C.O.B.R.A.);
    23    (7) two members shall be appointed by the December 12th Movement; and
    24    (8) two members shall be appointed by Dr. Ron Daniels of the Institute
    25  of the Black World.
    26    b. All members of the commission shall be persons who  are  especially
    27  qualified  to  serve  on  the  commission  by virtue of their education,
    28  training, or experience, particularly in the field  of  African-American
    29  studies.
    30    c.  First  meeting.  The  chair  shall  call  the first meeting of the
    31  commission within 120 days after the effective date of this act or with-
    32  in 30 days after the date on which legislation is enacted making  appro-
    33  priations to carry out this act, whichever date is later.
    34    d.  Quorum. Eight members of the commission shall constitute a quorum,
    35  but a lesser number may hold hearings.
    36    e. Chair and vice chair. The commission shall elect a Chair  and  Vice
    37  Chair  from  among its members. The term of office for each shall be for
    38  one year.
    39    f. Compensation. The  members  of  the  commission  shall  receive  no
    40  compensation  for their services as members, but shall be reimbursed for
    41  their actual and necessary expenses incurred in the performance of their
    42  duties.
    43    § 5. Powers of the commission.  a. Hearings and sessions. The  commis-
    44  sion  may,  for  the purpose of carrying out the provisions of this act,
    45  hold such hearings and sit and act at such times and at such  places  in
    46  the  United  States,  and  request  the attendance and testimony of such
    47  witnesses and the production of  such  books,  records,  correspondence,
    48  memoranda,  papers, and documents, as the commission considers appropri-
    49  ate.
    50    b. Powers of subcommittees and members. Any subcommittee or member  of
    51  the  commission  may,  if  authorized by the commission, take any action
    52  which the commission is authorized to take by this section.
    53    c. Obtaining official data. The commission may acquire  directly  from
    54  the  head of any department, agency, or instrumentality of the executive
    55  branch of the government, available  information  which  the  commission
    56  considers  useful in the discharge of its duties. All departments, agen-
        S. 2904                             5
     1  cies, and instrumentalities of the executive branch  of  the  government
     2  shall cooperate with the commission with respect to such information and
     3  shall  furnish all information requested by the commission to the extent
     4  permitted by law.
     5    §  6.  Administrative  provisions.    a.  Experts and consultants. The
     6  commission may procure through a competitive  process  the  services  of
     7  experts and consultants.
     8    b.  Administrative  support  services.  The  commission may enter into
     9  agreements with the commissioner of general services for procurement  of
    10  financial and administrative services necessary for the discharge of the
    11  duties  of  the  commission.  Payment for such services shall be made by
    12  reimbursement from funds of the commission in such  amounts  as  may  be
    13  agreed  upon  by  the  chair  of  the commission and the commissioner of
    14  general services.
    15    c. Contracts. The commission may:
    16    (1) procure supplies, services, and property by contract in accordance
    17  with applicable laws and regulations  and  to  the  extent  or  in  such
    18  amounts as are provided in appropriations acts; and
    19    (2) enter into contracts with departments, agencies, and instrumental-
    20  ities  of  the  federal  government,  state agencies, and private firms,
    21  institutions, and agencies, for the conduct of research or surveys,  the
    22  preparation of reports, and other activities necessary for the discharge
    23  of the duties of the commission, to the extent or in such amounts as are
    24  provided in appropriations acts.
    25    §  7.  Termination.  The  commission shall terminate 90 days after the
    26  date on which the commission submits its report to the temporary  presi-
    27  dent of the senate, the speaker of the assembly, the minority leaders of
    28  the  senate and the assembly and the governor as provided in subdivision
    29  c of section three of this act.
    30    § 8. The performance of the commission's duties, purposes  and  objec-
    31  tives  shall  be executed within amounts made available by appropriation
    32  therefor.
    33    § 9. The sum of two hundred fifty thousand dollars ($250,000),  or  so
    34  much  thereof as may be necessary, is hereby appropriated to the Commis-
    35  sion to Study Reparations for African-Americans and to  Recommend  Reme-
    36  dies  from  any  moneys  in  the state treasury in the general fund, not
    37  otherwise appropriated, for the purposes of carrying out the  provisions
    38  of  this  act. Such sum shall be payable on the audit and warrant of the
    39  state chair of the Commission to Study Reparations for African-Americans
    40  and to Recommend Remedies, or his or her duly designated  representative
    41  in the manner provided by law.
    42    §  10.  This act shall take effect immediately and shall expire and be
    43  deemed repealed 30 days after the Commission to  Study  Reparations  for
    44  African-Americans  and  to  Recommend Remedies submits its report to the
    45  temporary president of the senate, the  speaker  of  the  assembly,  the
    46  minority  leaders  of  the  senate  and the assembly and the governor as
    47  provided in subdivision c of section three of this act;  provided  that,
    48  the  chair  of the Commission to Study Reparations for African-Americans
    49  and to Recommend Remedies shall notify  the  legislative  bill  drafting
    50  commission  upon the submission of its report as provided in subdivision
    51  c of section three of this act in order that the commission may maintain
    52  an accurate and timely effective data base of the official text  of  the
    53  laws of the state of New York in furtherance of effecting the provisions
    54  of  section  44  of  the  legislative law and section 70-b of the public
    55  officers law.