New York State Assembly

 
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A02619 Summary:

A02619 Actions:

A02619 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Zebrowski      
DATE:05/26/2021AYE/NAY:10/4  Action: Favorable refer to committee Ways and Means        
Zebrowski
Aye
Lawler
Nay
Galef
Aye
Goodell
Nay
Glick
Aye
Lalor
Nay
Kim
Aye
Byrne
Nay
Bichotte Hermel
Aye
Hyndman
Aye
Williams
Aye
Epstein
Aye
Wallace
Aye
Meeks
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/07/2021AYE/NAY:25/10  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Nay
Glick
Aye
Fitzpatrick
Nay
Nolan
Aye
Hawley
Nay
Pretlow
Aye
Montesano
Nay
Perry
Aye
Blankenbush
Nay
Colton
Aye
Norris
Nay
Cook
Aye
Brabenec
Nay
Cahill
Aye
Palmesano
Nay
Aubry
Aye
Byrne
Nay
Cusick
Aye
Ashby
Nay
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/08/2021AYE/NAY:22/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Aye
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A02619 Floor Votes:

A02619 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2619--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 19, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  BARRON,  PRETLOW,  DICKENS,  AUBRY,  WALKER,
          WILLIAMS, RICHARDSON, SOLAGES,  PICHARDO,  RODRIGUEZ,  PEOPLES-STOKES,
          COOK,   J. RIVERA,   DE LA ROSA,   PERRY,   VANEL,   HYNDMAN,  CAHILL,
          JEAN-PIERRE, BICHOTTE HERMELYN, TAYLOR, DILAN, DARLING, JOYNER,  BENE-
          DETTO,  EPSTEIN, REYES, FRONTUS, SIMON, RAMOS, FERNANDEZ, CRUZ, NOLAN,
          O'DONNELL, ZINERMAN, JACKSON, FORREST -- read once and referred to the
          Committee on Governmental Operations -- reported and referred  to  the
          Committee  on  Ways  and  Means -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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 New York state community commission on  repara-
          tions remedies, to examine the institution of slavery, subsequently de
          jure  and de facto racial and economic discrimination against African-
          Americans, and the impact of these forces on living  African-Americans
          and  to  make determinations regarding compensation; 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 "New York
     2  state community commission on reparations remedies".
     3    § 2. Legislative intent.  Contrary to what many people believe,  slav-
     4  ery  was  not  just  a southern institution. Prior to the American Revo-
     5  lution, there were more enslaved Africans in New York City than  in  any
     6  other city except Charleston, South Carolina. During this period, slaves
     7  accounted for 20% of the population of New York and approximately 40% of
     8  colonial  New York's households owned slaves. These slaves were an inte-
     9  gral part of the population which settled and developed what we now know
    10  as the state of New York.
    11    The first slaves arrived in New Amsterdam, a Dutch  settlement  estab-
    12  lished  at  the  southern  tip  of  Manhattan Island, around 1627. These
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00314-03-1
        A. 2619--A                          2
 
     1  enslaved Africans did not belong to  individuals,  but  worked  for  the
     2  Dutch  West  India Company. The Dutch East India Company had established
     3  Fort Amsterdam, a fortification located  on  the  southern  tip  of  the
     4  island  of  Manhattan,  for  the  purpose of defending the company's fur
     5  trade operations in the North River, now known as the Hudson  River.  In
     6  1624,  New Amsterdam became a provincial extension of the Dutch Republic
     7  and it was designated the capital of the province in 1625.
     8    These first enslaved Africans cleared forests, prepared land for agri-
     9  culture and built an infrastructure of roads,  buildings  and  walls  of
    10  timber  and  earthwork,  including  the  wall that gives Wall Street its
    11  name. During the following years, more and more enslaved  Africans  were
    12  brought to the New World for the purpose of expanding the settlement.
    13    New  Amsterdam  came under English control in 1664 and was renamed New
    14  York in honor of the then Duke of York, in whose name  the  English  had
    15  captured  it.  Three  years  later, the Dutch gave up their claim to the
    16  town and the rest of the colony, in  exchange  for  control  of  certain
    17  trade routes and areas.
    18    The  change  of  control  of the city did not deter slavery; it was an
    19  enormously profitable enterprise and it continued under the English. New
    20  York businesses  engaged  directly  in  slave  trade  and  also  in  the
    21  production  of  supplies  used  in the slave trade.  They supplied food,
    22  tools and grain to slave plantations in North America and  in  the  West
    23  Indies.    Slave labor built and maintained ships used for trade between
    24  North America, Europe, the Caribbean and Africa. Slaves  produced  goods
    25  for  sale  and  worked  in private homes. Even newspapers benefited from
    26  slavery:  advertisements of slaves for purchase were a major  source  of
    27  revenue for the papers during the eighteenth century.
    28    Life  was  repressive  for enslaved Africans in New York. The New York
    29  City Common Council passed a number  of  restrictive  laws  designed  at
    30  curtailing  the  rights and freedoms of slaves.  Slaves were barred from
    31  owning significant property and from bequeathing what they  did  own  to
    32  their children. The number of people of African descent who could gather
    33  in  one  place  was limited. Restrictions on movement included requiring
    34  slaves to carry lanterns after dark and to remain in certain  geographic
    35  areas.
    36    Penalties  for  breaking  these  and other laws were severe. Beatings,
    37  mutilations and executions were common.
    38    Enslaved Africans refused to submit to the slave existence. The condi-
    39  tions of their lives gave rise to rebellions and the development in  the
    40  city of a network of the Underground Railroad.
    41    Not  all  citizens  of New York agreed with slavery. A powerful aboli-
    42  tionist movement developed, but the end of slavery in New York  did  not
    43  come easily or quickly. Those who profited from the slave economy fought
    44  to maintain the system.
    45    In  1799 the New York state legislature passed "An Act for the Gradual
    46  Abolition of Slavery". This legislation was a first step in  the  direc-
    47  tion of emancipation, but did not have an immediate effect or affect all
    48  slaves.  Rather,  it provided for gradual manumission. All children born
    49  to slave women after July 4, 1799 would be freed, but only  after  their
    50  most  productive  years:  age  28  for  men and age 25 for women. Slaves
    51  already in servitude before July 4, 1799 were  reclassified  as  "inden-
    52  tured  servants",  but  in  reality, remained slaves for the duration of
    53  their lives.
    54    In 1817, the Legislature enacted a statute that gave  freedom  to  New
    55  York  slaves who had been born before July 4, 1799. This statute did not
    56  become effective until July 4, 1827, however.
        A. 2619--A                          3
 
     1    Despite these laws, there were exceptions under which certain  persons
     2  could  still  own slaves. Non-residents could enter New York with slaves
     3  for up to nine months, and allowing part-time residents to  bring  their
     4  slaves  into  the  state temporarily. The nine-months exception remained
     5  law  until  its repeal in 1841, when the North was re-defining itself as
     6  the "free" region in advance of the civil war.
     7    In 1991, a huge African burial ground was discovered in the  heart  of
     8  New  York's  financial district during construction of a skyscraper. The
     9  excavations that followed the termination of  the  construction  project
    10  yielded  the  skeletal  remains of 419 Africans, many of whom were women
    11  and children.
    12    The slavery that flourished in  the  New  York  state  constituted  an
    13  immoral  and  inhumane  deprivation  of Africans' life, liberty, African
    14  citizenship rights, and cultural heritage, and denied them the fruits of
    15  their own labor. Sufficient inquiry has not been made into  the  effects
    16  of the institution of slavery on living African-Americans and society in
    17  New York.
    18    §  3.  Establishment, purpose and duties of the commission.  a. Estab-
    19  lishment. There is hereby  established  the  New  York  state  community
    20  commission  on  reparations  remedies  (hereinafter  referred  to as the
    21  "commission").
    22    b. Duties. The commission shall perform the following duties:
    23    (1) Examine the institution of slavery which existed within the  state
    24  of  New  York  and in the city of New York. The commission's examination
    25  shall include, but not be limited to, an examination of:
    26    (A) the capture and procurement of Africans;
    27    (B) the transport of Africans to the United States  and  the  colonies
    28  that  became the United States for the purpose of enslavement, including
    29  their treatment during transport;
    30    (C) the sale and acquisition of Africans as chattel property in inter-
    31  state and intrastate commerce; and
    32    (D) the treatment of enslaved Africans in the city of New York and the
    33  state of New York, including the deprivation of their freedom, exploita-
    34  tion of their labor, and destruction of their culture,  language,  reli-
    35  gion, and families.
    36    (2)  Examine  the extent to which the federal and state governments of
    37  the United States supported the institution of slavery in constitutional
    38  and statutory provisions, including the extent to which such governments
    39  prevented, opposed, or restricted efforts of freed enslaved Africans  to
    40  repatriate to their homeland.
    41    (3)  Examine  federal  and state laws that discriminated against freed
    42  enslaved Africans and their descendants during the  period  between  the
    43  end of the Civil War and the present.
    44    (4)  Examine  other  forms of discrimination in the public and private
    45  sectors against freed enslaved Africans and their descendants during the
    46  period between the end of the Civil War and the present.
    47    (5) Examine the lingering negative effects of the institution of slav-
    48  ery and the matters described in paragraphs (1), (2), (3),  and  (4)  of
    49  this  subdivision  on  living  African-Americans  and  on society in the
    50  United States.
    51    (6) Recommend appropriate ways to educate the American public  of  the
    52  commission's findings.
    53    (7)  Recommend  appropriate  remedies  in consideration of the commis-
    54  sion's findings on the matters described in paragraphs  (1),  (2),  (3),
    55  and  (4) of this subdivision. The commission shall determine the form of
        A. 2619--A                          4

     1  compensation, the amount of compensation and who should be eligible  for
     2  such compensation.
     3    c.  Report  to  the legislature. The commission shall submit a written
     4  report of its findings and recommendations to the temporary president of
     5  the senate, the speaker of the assembly, the  minority  leaders  of  the
     6  senate  and  the assembly and the governor not later than the date which
     7  is one year after the date of the first meeting of the  commission  held
     8  pursuant to subdivision c of section four of this act.
     9    §  4.  Membership.  a. Appointment of members. The commission shall be
    10  composed of eleven members who shall be appointed within 90  days  after
    11  the effective date of this act, as follows:
    12    (1) one member shall be appointed by the governor;
    13    (2) one member shall be appointed by the speaker of the assembly;
    14    (3)  one  member  shall be appointed by the temporary president of the
    15  senate;
    16    (4) one member shall be appointed by the minority leader of the assem-
    17  bly;
    18    (5) one member shall be  appointed  by  the  minority  leader  of  the
    19  senate;
    20    (6) two members shall be appointed by the National Coalition of Blacks
    21  for Reparations in America (N.C.O.B.R.A.);
    22    (7) two members shall be appointed by the December 12th Movement; and
    23    (8)  two  members  shall  be  appointed  by the Institute of the Black
    24  World.
    25    b. Qualification of members. All members of the  commission  shall  be
    26  persons  who  are  especially  qualified  to  serve on the commission by
    27  virtue of their education, training, or experience, particularly in  the
    28  field of African-American studies.
    29    c.  First  meeting.  The  chair  shall  call  the first meeting of the
    30  commission within 120 days after the effective date of this act.
    31    d. Quorum. Six members of the commission shall  constitute  a  quorum,
    32  but a lesser number may hold hearings.
    33    e.  Chair  and vice chair. The commission shall elect a Chair and Vice
    34  Chair from among its members.
    35    f. Compensation. The  members  of  the  commission  shall  receive  no
    36  compensation  for their services as members, but shall be reimbursed for
    37  their actual and necessary expenses incurred in the performance of their
    38  duties.
    39    § 5. Powers of the commission.  a. Hearings and sessions. The  commis-
    40  sion  may,  for  the purpose of carrying out the provisions of this act,
    41  hold such hearings and sit and act at such times and at such  places  in
    42  the United States, as the commission considers appropriate.
    43    b.  Powers of subcommittees and members. Any subcommittee or member of
    44  the commission may, if authorized by the  commission,  take  any  action
    45  which the commission is authorized to take by this section.
    46    c.  Obtaining  official data. The commission may acquire directly from
    47  the head of any department, agency, or  instrumentality  of  the  state,
    48  available  information  which  the  commission  considers  useful in the
    49  discharge of its duties. All departments, agencies,  and  instrumentali-
    50  ties  of  the  state shall cooperate with the commission with respect to
    51  such information and shall furnish  all  information  requested  by  the
    52  commission to the extent permitted by law.
    53    §  6.  Termination.  The  commission shall terminate 90 days after the
    54  date on which the commission submits its report to the temporary  presi-
    55  dent of the senate, the speaker of the assembly, the minority leaders of
        A. 2619--A                          5
 
     1  the  senate and the assembly and the governor as provided in subdivision
     2  c of section three of this act.
     3    §  7.  This  act shall take effect immediately and shall expire and be
     4  deemed repealed 90 days after the New York state community commission to
     5  study reparations remedies submits its report to the temporary president
     6  of the senate, the speaker of the assembly, the minority leaders of  the
     7  senate and the assembly and the governor as provided in subdivision c of
     8  section  three  of  this  act;  provided that, the chair of the New York
     9  state community commission to study reparations  remedies  shall  notify
    10  the  legislative  bill  drafting  commission  upon the submission of its
    11  report as provided in subdivision c of section  three  of  this  act  in
    12  order  that the commission may maintain an accurate and timely effective
    13  data base of the official text of the laws of the state of New  York  in
    14  furtherance of effecting the provisions of section 44 of the legislative
    15  law and section 70-b of the public officers law.