S02904 Summary:

BILL NOS02904C
 
SAME ASNo Same As
 
SPONSORSANDERS
 
COSPNSRBENJAMIN, COMRIE, HOYLMAN, JACKSON, PARKER, RIVERA, SEPULVEDA
 
MLTSPNSR
 
 
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.
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S02904 Actions:

BILL NOS02904C
 
01/30/2019REFERRED TO FINANCE
04/17/2019AMEND (T) AND RECOMMIT TO FINANCE
04/17/2019PRINT NUMBER 2904A
01/08/2020REFERRED TO FINANCE
06/26/2020AMEND AND RECOMMIT TO FINANCE
06/26/2020PRINT NUMBER 2904B
07/10/2020AMEND AND RECOMMIT TO FINANCE
07/10/2020PRINT NUMBER 2904C
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S02904 Committee Votes:

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S02904 Floor Votes:

There are no votes for this bill in this legislative session.
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S02904 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2904--C
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    January 30, 2019
                                       ___________
 
        Introduced  by  Sens.  SANDERS, HOYLMAN, PARKER, SEPULVEDA -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Finance  in  accordance  with  Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to  said committee -- 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; making an appropri-
          ation  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 "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.
                                                                   LBD00029-08-0

        S. 2904--C                          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.

        S. 2904--C                          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 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

        S. 2904--C                          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.  The  commission  shall  be composed of fifteen
    10  members who shall be appointed within 90 days after the  effective  date
    11  of this act, as follows:
    12    (1) three members shall be appointed by the governor;
    13    (2) three members shall be appointed by the speaker of the assembly;
    14    (3) three members shall be appointed by the temporary president of the
    15  senate; and
    16    (4)  six  members  shall  be selected from the major civil society and
    17  reparations organizations that have historically championed the cause of
    18  reparatory justice.  The commission shall determine  these  major  civil
    19  society and reparations organizations and such civil society and repara-
    20  tions organizations shall select a member for the commission.
    21    b.  All  members of the commission shall be persons who are especially
    22  qualified to serve on the  commission  by  virtue  of  their  education,
    23  training,  or  experience, particularly in the field of African-American
    24  studies.
    25    c. First meeting. The chair  shall  call  the  first  meeting  of  the
    26  commission within 120 days after the effective date of this act or with-
    27  in  30 days after the date on which legislation is enacted making appro-
    28  priations to carry out this act, whichever date is later.
    29    d. Quorum. Eight members of the commission shall constitute a  quorum,
    30  but a lesser number may hold hearings.
    31    e.  Chair  and vice chair. The commission shall elect a Chair and Vice
    32  Chair from among its members. The term of office for each shall  be  for
    33  one year.
    34    f.  Compensation.  The  members  of  the  commission  shall receive no
    35  compensation for their services as members, but shall be reimbursed  for
    36  their actual and necessary expenses incurred in the performance of their
    37  duties.
    38    §  5. Powers of the commission.  a. Hearings and sessions. The commis-
    39  sion may, for the purpose of carrying out the provisions  of  this  act,
    40  hold  such  hearings and sit and act at such times and at such places in
    41  the United States, and request the  attendance  and  testimony  of  such
    42  witnesses  and  the  production  of such books, records, correspondence,
    43  memoranda, papers, and documents, as the commission considers  appropri-
    44  ate.
    45    b.  Powers of subcommittees and members. Any subcommittee or member of
    46  the commission may, if authorized by the  commission,  take  any  action
    47  which the commission is authorized to take by this section.
    48    c.  Obtaining  official data. The commission may acquire directly from
    49  the head of any department, agency, or instrumentality of the  executive
    50  branch  of  the  government,  available information which the commission
    51  considers useful in the discharge of its duties. All departments,  agen-
    52  cies,  and  instrumentalities  of the executive branch of the government
    53  shall cooperate with the commission with respect to such information and
    54  shall furnish all information requested by the commission to the  extent
    55  permitted by law.

        S. 2904--C                          5
 
     1    §  6.  Administrative  provisions.    a.  Experts and consultants. The
     2  commission may procure through a competitive  process  the  services  of
     3  experts and consultants.
     4    b.  Administrative  support  services.  The  commission may enter into
     5  agreements with the commissioner of general services for procurement  of
     6  financial and administrative services necessary for the discharge of the
     7  duties  of  the  commission.  Payment for such services shall be made by
     8  reimbursement from funds of the commission in such  amounts  as  may  be
     9  agreed  upon  by  the  chair  of  the commission and the commissioner of
    10  general services.
    11    c. Contracts. The commission may:
    12    (1) procure supplies, services, and property by contract in accordance
    13  with applicable laws and regulations  and  to  the  extent  or  in  such
    14  amounts as are provided in appropriations acts; and
    15    (2) enter into contracts with departments, agencies, and instrumental-
    16  ities  of  the  federal  government,  state agencies, and private firms,
    17  institutions, and agencies, for the conduct of research or surveys,  the
    18  preparation of reports, and other activities necessary for the discharge
    19  of the duties of the commission, to the extent or in such amounts as are
    20  provided in appropriations acts.
    21    §  7.  Termination.  The  commission shall terminate 90 days after the
    22  date on which the commission submits its report to the temporary  presi-
    23  dent of the senate, the speaker of the assembly, the minority leaders of
    24  the  senate and the assembly and the governor as provided in subdivision
    25  c of section three of this act.
    26    § 8. The performance of the commission's duties, purposes  and  objec-
    27  tives  shall  be executed within amounts made available by appropriation
    28  therefor.
    29    § 9. The sum of two hundred fifty thousand dollars ($250,000),  or  so
    30  much thereof as may be necessary, is hereby appropriated to the New York
    31  state community commission to study reparations remedies from any moneys
    32  in  the  state treasury in the general fund, not otherwise appropriated,
    33  for the purposes of carrying out the provisions of this  act.  Such  sum
    34  shall  be payable on the audit and warrant of the state chair of the New
    35  York state community commission to study reparations remedies, or his or
    36  her duly designated representative in the manner provided by law.
    37    § 10. This act shall take effect immediately and shall expire  and  be
    38  deemed repealed 30 days after the New York state community commission to
    39  study reparations remedies submits its report to the temporary president
    40  of  the senate, the speaker of the assembly, the minority leaders of the
    41  senate and the assembly and the governor as provided in subdivision c of
    42  section three of this act; provided that, the  chair  of  the  New  York
    43  state  community  commission  to study reparations remedies shall notify
    44  the legislative bill drafting commission  upon  the  submission  of  its
    45  report  as  provided  in  subdivision  c of section three of this act in
    46  order that the commission may maintain an accurate and timely  effective
    47  data  base  of the official text of the laws of the state of New York in
    48  furtherance of effecting the provisions of section 44 of the legislative
    49  law and section 70-b of the public officers law.
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