SB2452113th GA (Historical)Introduced

Amends TCA Title 4, Chapter 21.

TASK FORCE This bill also creates a task force, which is administratively attached to the human rights commission, to study the effects of slavery, discrimination, racism, and institutionalized oppression from the state government on African Americans in this state and develop reparation proposals for African Americans, with a special consideration for African Americans who are descendants of persons enslaved in the U.S. This bill provides that the task force consists of eight members. The executive director of the human rights commission, or the executive director's designee, must serve as an ex officio, nonvoting member of the task force. The remaining seven members must be appointed as follows: (i) three members appointed by the governor; (ii) two members appointed by the speaker of the senate; and (iii) two members appointed by the speaker of the house of representatives. This bill requires the governor's appointees to include at least one appointee from the field of academia with expertise in civil rights and two appointees from major civil society and reparations organizations that have historically championed the cause of reparatory justice. This bill prohibits more than four appointees from being members of the general assembly. This bill requires the appointing authorities to strive to ensure that members (i) are appointed from diverse backgrounds representing the interests of communities of color throughout the state, (ii) have experience working to implement racial justice reform, and (iii) represent geographically diverse areas of this state. This bill provides that the terms of office for members continue for the duration of the task force. A vacancy on the task force does not affect the powers of the task force and are filled in the same manner that the original appointment was made. This bill provides that any state-level reparation actions that are undertaken as a result of this bill are not a replacement for any reparations enacted at the federal level, and must not be interpreted as such. MEETINGS This bill requires the executive director of the human rights commission to call the first meeting of the task force to occur no later than August 1, 2024. Five members of the task force constitute a quorum. The executive director of the human rights commission, or the executive director's designee, must serve as chair, and the task force must elect a vice chair from among its members. This bill provides that the legislative members of the council are reimbursed as members of the general assembly are paid for attending legislative meetings as provided in existing law. Except as provided in this provision, members of the task force receive no compensation for their services, but must be reimbursed for travel and other expenses actually incurred in the performance of their official duties. Such reimbursement must be paid in accordance with the provisions of the comprehensive out-of-state travel regulations as promulgated by the department of finance and administration and approved by the attorney general. TASK FORCE RESPONSIBILITIES This bill requires the task force to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the U.S. and the colonies that became the U.S. from 1619 to 1865. This bill also requires the task force to examine and document the following: (1) The capture and procurement of Africans; (2) The transport of Africans to the U.S. and the colonies that became the U.S. for the purpose of enslavement, including their treatment during transport; (3) The sale and acquisition of Africans as chattel property in interstate and intrastate commerce; (4) The treatment of African slaves in the colonies and the U.S., including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; (5) The denial of humanity, sexual abuse, and chattelization of persons; (6) The federal and state laws that discriminated against formerly enslaved Africans and their descendants who were deemed U.S. citizens from 1868 to the present; (7) The other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed U.S. citizens from 1868 to the present; (8) The lingering negative effects of the institution of slavery and the matters described in this bill on living African Americans who are descendants of persons enslaved in the U.S. and on society in the U.S.; and (9) Any other effects of slavery, discrimination, racism, and institutionalized oppression from the state government; This bill requires the task force to recommend appropriate ways to educate the citizens of this state on the task force's findings. Additionally, this bill requires the task force to recommend appropriate remedies in consideration of the task force's findings on the matters described in this bill. In making recommendations, the task force must address the following: (1) How the recommendations comport with international standards of remedy for wrongs and injuries caused by the state, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings; (2) How state laws that continue to disproportionately and negatively affect African Americans as a group and perpetuate the lingering material and psychosocial effects of slavery can be repealed; (3) How the injuries resulting from matters described in this bill can be reversed and how to provide appropriate policies, programs, projects, and recommendations for the purpose of reversing the injuries; (4) How, in consideration of the task force's findings, any form of compensation to African Americans, with a special consideration for African Americans who are descendants of persons enslaved in the U.S., is to be calculated; (5) What form of compensation should be awarded, through what instrumentalities, and who should be eligible for such compensation; and (6) How, in consideration of the task force's findings, any other forms of rehabilitation or restitution to African descendants are warranted and what form and scope those measures should take. This bill authorizes the task force to (i) hold hearings throughout this state; (ii) request the attendance and testimony of witnesses; and (iii) request the production of books, records, correspondence, memoranda, papers, and documents. The task force may also acquire information it considers useful directly from the head of any state agency in the discharge of its duties. All appropriate agencies of state government must provide assistance to the task force upon request of the task force. This bill requires the task force to keep confidential records or other information received from a state agency and deemed to be confidential under existing law or otherwise not required to be disclosed or made available under existing law. REPORT This bill requires the task force to submit a written report of its findings and recommendations to the general assembly no later than July 1, 2025. This bill is repealed on July 1, 2025, or upon the submission of the report, whichever comes first.

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Overview

TASK FORCE This bill also creates a task force, which is administratively attached to the human rights commission, to study the effects of slavery, discrimination, racism, and institutionalized oppression from the state government on African Americans in this state and develop reparation proposals for African Americans, with a special consideration for African Americans who are descendants of persons enslaved in the U.S. This bill provides that the task force consists of eight members. The executive director of the human rights commission, or the executive director's designee, must serve as an ex officio, nonvoting member of the task force. The remaining seven members must be appointed as follows: (i) three members appointed by the governor; (ii) two members appointed by the speaker of the senate; and (iii) two members appointed by the speaker of the house of representatives. This bill requires the governor's appointees to include at least one appointee from the field of academia with expertise in civil rights and two appointees from major civil society and reparations organizations that have historically championed the cause of reparatory justice. This bill prohibits more than four appointees from being members of the general assembly. This bill requires the appointing authorities to strive to ensure that members (i) are appointed from diverse backgrounds representing the interests of communities of color throughout the state, (ii) have experience working to implement racial justice reform, and (iii) represent geographically diverse areas of this state. This bill provides that the terms of office for members continue for the duration of the task force. A vacancy on the task force does not affect the powers of the task force and are filled in the same manner that the original appointment was made. This bill provides that any state-level reparation actions that are undertaken as a result of this bill are not a replacement for any reparations enacted at the federal level, and must not be interpreted as such. MEETINGS This bill requires the executive director of the human rights commission to call the first meeting of the task force to occur no later than August 1, 2024. Five members of the task force constitute a quorum. The executive director of the human rights commission, or the executive director's designee, must serve as chair, and the task force must elect a vice chair from among its members. This bill provides that the legislative members of the council are reimbursed as members of the general assembly are paid for attending legislative meetings as provided in existing law. Except as provided in this provision, members of the task force receive no compensation for their services, but must be reimbursed for travel and other expenses actually incurred in the performance of their official duties. Such reimbursement must be paid in accordance with the provisions of the comprehensive out-of-state travel regulations as promulgated by the department of finance and administration and approved by the attorney general. TASK FORCE RESPONSIBILITIES This bill requires the task force to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the U.S. and the colonies that became the U.S. from 1619 to 1865. This bill also requires the task force to examine and document the following: (1) The capture and procurement of Africans; (2) The transport of Africans to the U.S. and the colonies that became the U.S. for the purpose of enslavement, including their treatment during transport; (3) The sale and acquisition of Africans as chattel property in interstate and intrastate commerce; (4) The treatment of African slaves in the colonies and the U.S., including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families; (5) The denial of humanity, sexual abuse, and chattelization of persons; (6) The federal and state laws that discriminated against formerly enslaved Africans and their descendants who were deemed U.S. citizens from 1868 to the present; (7) The other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed U.S. citizens from 1868 to the present; (8) The lingering negative effects of the institution of slavery and the matters described in this bill on living African Americans who are descendants of persons enslaved in the U.S. and on society in the U.S.; and (9) Any other effects of slavery, discrimination, racism, and institutionalized oppression from the state government; This bill requires the task force to recommend appropriate ways to educate the citizens of this state on the task force's findings. Additionally, this bill requires the task force to recommend appropriate remedies in consideration of the task force's findings on the matters described in this bill. In making recommendations, the task force must address the following: (1) How the recommendations comport with international standards of remedy for wrongs and injuries caused by the state, that include full reparations and special measures, as understood by various relevant international protocols, laws, and findings; (2) How state laws that continue to disproportionately and negatively affect African Americans as a group and perpetuate the lingering material and psychosocial effects of slavery can be repealed; (3) How the injuries resulting from matters described in this bill can be reversed and how to provide appropriate policies, programs, projects, and recommendations for the purpose of reversing the injuries; (4) How, in consideration of the task force's findings, any form of compensation to African Americans, with a special consideration for African Americans who are descendants of persons enslaved in the U.S., is to be calculated; (5) What form of compensation should be awarded, through what instrumentalities, and who should be eligible for such compensation; and (6) How, in consideration of the task force's findings, any other forms of rehabilitation or restitution to African descendants are warranted and what form and scope those measures should take. This bill authorizes the task force to (i) hold hearings throughout this state; (ii) request the attendance and testimony of witnesses; and (iii) request the production of books, records, correspondence, memoranda, papers, and documents. The task force may also acquire information it considers useful directly from the head of any state agency in the discharge of its duties. All appropriate agencies of state government must provide assistance to the task force upon request of the task force. This bill requires the task force to keep confidential records or other information received from a state agency and deemed to be confidential under existing law or otherwise not required to be disclosed or made available under existing law. REPORT This bill requires the task force to submit a written report of its findings and recommendations to the general assembly no later than July 1, 2025. This bill is repealed on July 1, 2025, or upon the submission of the report, whichever comes first.

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Sponsor

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Details
Session

113th General Assembly

Introduced

January 30, 2024

Subjects
2320482323153196

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SB2452: Amends TCA Title 4, Chapter 21. | LegisGo