Bill Text: NY A03080 | 2019-2020 | General Assembly | Amended
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 45-0)
Status: (Introduced - Dead) 2020-01-08 - referred to ways and means [A03080 Detail]
Download: New_York-2019-A03080-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3080--A 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. BARRON, PRETLOW, WRIGHT, DICKENS, AUBRY, WALKER, BLAKE, WILLIAMS, RICHARDSON, CRESPO, SOLAGES, PICHARDO, ARROYO, RODRI- GUEZ, MOSLEY, PEOPLES-STOKES, COOK, RIVERA, DE LA ROSA, PERRY, VANEL, TITUS, HYNDMAN, CAHILL, GANTT, JEAN-PIERRE, BICHOTTE, TAYLOR, JAFFEE, D'URSO, DILAN -- read once and referred to the Committee on Govern- mental Operations -- 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 13 enslaved Africans did not belong to individuals, but worked for the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00029-04-9A. 3080--A 2 1 Dutch West India Company. The Dutch East India Company had established 2 Fort Amsterdam, a fortification located on the southern tip of the 3 island of Manhattan, for the purpose of defending the company's fur 4 trade operations in the North River, now known as the Hudson River. In 5 1624, New Amsterdam became a provincial extension of the Dutch Republic 6 and it was designated the capital of the province in 1625. 7 These first enslaved Africans cleared forests, prepared land for agri- 8 culture and built an infrastructure of roads, buildings and walls of 9 timber and earthwork, including the wall that gives Wall Street its 10 name. During the following years, more and more enslaved Africans were 11 brought to the New World for the purpose of expanding the settlement. 12 New Amsterdam came under English control in 1664 and was renamed New 13 York in honor of the then Duke of York, in whose name the English had 14 captured it. Three years later, the Dutch gave up their claim to the 15 town and the rest of the colony, in exchange for control of certain 16 trade routes and areas. 17 The change of control of the city did not deter slavery; it was an 18 enormously profitable enterprise and it continued under the English. New 19 York businesses engaged directly in slave trade and also in the 20 production of supplies used in the slave trade. They supplied food, 21 tools and grain to slave plantations in North America and in the West 22 Indies. Slave labor built and maintained ships used for trade between 23 North America, Europe, the Caribbean and Africa. Slaves produced goods 24 for sale and worked in private homes. Even newspapers benefited from 25 slavery: advertisements of slaves for purchase were a major source of 26 revenue for the papers during the eighteenth century. 27 Life was repressive for enslaved Africans in New York. The New York 28 City Common Council passed a number of restrictive laws designed at 29 curtailing the rights and freedoms of slaves. Slaves were barred from 30 owning significant property and from bequeathing what they did own to 31 their children. The number of people of African descent who could gather 32 in one place was limited. Restrictions on movement included requiring 33 slaves to carry lanterns after dark and to remain in certain geographic 34 areas. 35 Penalties for breaking these and other laws were severe. Beatings, 36 mutilations and executions were common. 37 Enslaved Africans refused to submit to the slave existence. The condi- 38 tions of their lives gave rise to rebellions and the development in the 39 city of a network of the Underground Railroad. 40 Not all citizens of New York agreed with slavery. A powerful aboli- 41 tionist movement developed, but the end of slavery in New York did not 42 come easily or quickly. Those who profited from the slave economy fought 43 to maintain the system. 44 In 1799 the New York state legislature passed "An Act for the Gradual 45 Abolition of Slavery". This legislation was a first step in the direc- 46 tion of emancipation, but did not have an immediate effect or affect all 47 slaves. Rather, it provided for gradual manumission. All children born 48 to slave women after July 4, 1799 would be freed, but only after their 49 most productive years: age 28 for men and age 25 for women. Slaves 50 already in servitude before July 4, 1799 were reclassified as "inden- 51 tured servants", but in reality, remained slaves for the duration of 52 their lives. 53 In 1817, the Legislature enacted a statute that gave freedom to New 54 York slaves who had been born before July 4, 1799. This statute did not 55 become effective until July 4, 1827, however.A. 3080--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 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 ofA. 3080--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. The commission shall be composed of fourteen 10 members who shall be appointed within 90 days after the effective date 11 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) three members shall be appointed by the National Coalition of 21 Blacks for Reparations in America (N.C.O.B.R.A.); 22 (7) three members shall be appointed by the December 12th Movement; 23 and 24 (8) three members shall be appointed by Dr. Ron Daniels of the Insti- 25 tute 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-A. 3080--A 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 New York 35 state community commission to study reparations remedies from any moneys 36 in the state treasury in the general fund, not otherwise appropriated, 37 for the purposes of carrying out the provisions of this act. Such sum 38 shall be payable on the audit and warrant of the state chair of the New 39 York state community commission to study reparations remedies, or his or 40 her duly designated representative in the manner provided by law. 41 § 10. This act shall take effect immediately and shall expire and be 42 deemed repealed 30 days after the New York state community commission to 43 study reparations remedies submits its report to the temporary president 44 of the senate, the speaker of the assembly, the minority leaders of the 45 senate and the assembly and the governor as provided in subdivision c of 46 section three of this act; provided that, the chair of the New York 47 state community commission to study reparations remedies shall notify 48 the legislative bill drafting commission upon the submission of its 49 report as provided in subdivision c of section three of this act in 50 order that the commission may maintain an accurate and timely effective 51 data base of the official text of the laws of the state of New York in 52 furtherance of effecting the provisions of section 44 of the legislative 53 law and section 70-b of the public officers law.
