Assembly Bill A7828A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7828
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 23, 2023
                                ___________
 
 Introduced  by M. of A. LUCAS -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to acknowledge New York state's role in the fundamental injustice
   and inhumanity of the institution of slavery;  to  establish  the  New
   York State American Freedom Equity Task Force on Reparations Remedies;
   to  examine  all  aspects  of slavery, subsequent de jure and de facto
   racial, social and economic discrimination against  American  freedmen
   and the impact of these forces on living American freedmen and to make
   determinations  regarding  compensation and repair; to establish a New
   York state freedmen's bureau charged with the distribution of  repara-
   tions  &  reparative  justice  passed in legislature by the state; and
   making an appropriation therefor
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 State American Freedmen Equity Task Force on Reparations Remedies Act".
   § 2. Legislative intent. The Legislature makes the following  findings
 and declarations:
   (a)  Approximately  450,000+  Africans were trafficked and enslaved in
 the United States and the colonies that became the  United  States  from
 1619  to  1865,  inclusive.  At  the  peak  of slavery their descendants
 numbered 4,000,000.
   (b) The institution of slavery was  constitutionally  and  statutorily
 sanctioned by the United States from 1776 through 1865, inclusive.
   (c)  The  chattel slavery that flourished in the United States consti-
 tuted an immoral and inhumane deprivation of  Africans'  life,  liberty,
 citizenship  rights, and cultural heritage and denied them the fruits of
 their own labor.
   (d) A preponderance of scholarly,  legal,  and  community  evidentiary
 documentation,  as well as popular culture markers, constitute the basis
 for inquiry into the ongoing effects of the institution of  slavery  and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07407-01-3
              

 A. 7828                             2
 
 its  legacy embodied in persistent systemic structures of discrimination
 on living descendants of persons enslaved in the United States, American
 freedmen, and society in the United States.
   (e)  Contrary  to  what  many  people  believe, slavery was not just a
 southern institution. Prior to the American Revolution, there were  more
 enslaved Africans in New York City than in any other city except Charle-
 ston,  South  Carolina.  During this period, slaves accounted for 20% of
 the population of New York and approximately 40% of  colonial  New  York
 households  owned  slaves. In 1799 the New York State Legislature passed
 "An Act for the Gradual Abolition of Slavery". This  legislation  was  a
 first  step in the direction of emancipation but did not have an immedi-
 ate effect or affect all enslaved people. Rather, it provided for gradu-
 al manumission. All children born to enslaved women after July 4,  1799,
 would  be  freed, but only after their most productive years: age 28 for
 men and age 25 for women. Enslaved persons already in  servitude  before
 July  4, 1799, were reclassified as "indentured servants", but in reali-
 ty, remained enslaved for the duration of  their  lives.  In  1817,  the
 Legislature  enacted  a  statute  that gave freedom to New York enslaved
 people who had been born before July  4,  1799.  This  statute  did  not
 become  effective until July 4, 1827, however, despite these laws, there
 were exceptions under which certain  persons  could  still  own  slaves.
 Non-residents  could  enter  New York with slaves for up to nine months,
 and allowed part-time residents to bring their  slaves  into  the  state
 temporarily.  The  nine-month exception remained law until its repeal in
 1841 when the North was  redefining  itself  as  the  "free"  region  in
 advance of the Civil War.
   (f)  Following  the abolition of slavery, the United States government
 at the  federal,  state,  and  local  levels  continued  to  perpetuate,
 condone,  and  often profit from practices that maintained brutalization
 and disadvantage for African-American descendants of persons enslaved in
 the United States, American freedmen including, but not limited to Black
 Codes, sharecropping, convict leasing, Jim Crow laws, lynching,  redlin-
 ing, unequal education, etc.
   (g)  As a result of the badges and incidents of slavery, Jim Crow, and
 continued targeted discriminatory  policy,  African  Americans  who  are
 descendants  of persons enslaved in the United States, American freedmen
 continue to suffer debilitating economic, educational, and health  hard-
 ships, including, but not limited to, the following:
   (i) In New York state, more than half the prison population identifies
 as Black/African American. According to the 2020 census, the total Black
 population is only 12.4 percent.
   (ii)  An unemployment rate more than twice the current white unemploy-
 ment rate.
   (iii) An average of less than one-sixteenth of  the  wealth  of  white
 families, a disparity that has worsened, not improved, over time.
   (iv)  Covid-19  highlighted  existing  racial  health disparities with
 individuals who identify as Black/African American dying at a dispropor-
 tionately higher rate due to underlying conditions.
   § 3. Establishment, purpose, and duties of the task force. (a)  Estab-
 lishment. There is hereby established the New York State American Freed-
 men  Equity Task Force on Reparations Remedies, which may be referred to
 in this act as the "task force".
   (b) Duties. The task force shall perform the following duties:
   (i) Study the current condition of African Americans who descend  from
 persons enslaved in the United States, American freedmen both across the
 A. 7828                             3
 
 nation,  generally,  and  in  the  state of New York, specifically, as a
 result of:
   (A)  The  de jure and de facto discrimination against freed slaves and
 their descendants from the end of the Civil War to the present,  includ-
 ing economic, political, educational, and social discrimination.
   (B)  The  lingering negative effects of the institution of slavery and
 discrimination  on  living  African-American  descendants   of   persons
 enslaved  in  the United States, American freedmen and on society in New
 York state and the United States.
   (C) The manner in which instructional resources and  technologies  are
 being  used  to  deny  the  inhumanity  of slavery and the crime against
 humanity  committed  against  African-American  descendants  of  persons
 enslaved  in  the United States, American freedmen in New York state and
 the United States.
   (D) The larger role of northern complicity in  the  disproportionately
 southern-based institution of slavery:
   1.  The state of New York mercantile merchants profited immensely from
 the sale of raw cotton to European mills transported from  the  southern
 states.
   2.  New  York  businessmen  assisted  planters  in purchasing the land
 slaves worked, and the tools they used to labor.
   3. New York's textile industry specialized in the clothes slaves  wore
 called "negro-cloth".
   4.  New York manufactured whips that overseers wielded, the books that
 planters read, and the finery plantation mistresses prized.
   5. New York lenders loaned money to allow planters to purchase slaves,
 and insurance to protect their investments.
   6. New York invested  in  transatlantic,  international,  and  coastal
 shipping lines that shipped between southern ports and New York.
   (E)  The  direct  benefits  of  slavery and discrimination to societal
 institutions, public and private, including higher education, corporate,
 religious, and associational.
   (ii) Develop reparations remedies from which  New  York  ratified  the
 U.S.  Constitution and entered the Union as the eleventh State in 1788.
   (iii)  Recommend appropriate ways to educate the New York and American
 public of the task force's findings.
   (iv) Recommend appropriate  remedies  in  consideration  of  the  task
 force's  findings  on  the matters described in this section, including,
 but not limited to:
   (A) How the state of New York will offer a formal apology on behalf of
 the people of New York  for  the  perpetration  of  gross  human  rights
 violations  and crimes against humanity on African Americans who descend
 from persons enslaved in the United States.
   (B) How to change New York laws and policies that continue to  dispro-
 portionately  and  negatively  affect  African-American  descendants  of
 persons enslaved in the United States, American freedmen as a group, and
 perpetuate the lingering material and psychosocial effects of slavery.
   (C) How the injuries resulting from matters described in this subdivi-
 sion can be reversed and how to provide appropriate policies,  programs,
 projects,  and  recommendations for the purpose of reversal of the inju-
 ries.
   (D) How in consideration of the task force's findings, any other forms
 of recompense to African American descendants of persons enslaved in the
 United States, American freedmen are warranted and what form  and  scope
 those measures should take.
 A. 7828                             4
 
   (E)  How the state of New York can advocate the adoption of a national
 plan  for  reparations  for  African-American  descendants  of   persons
 enslaved in the United States, at the federal level of the United States
 government.
   (v)  Submit a preliminary report of its findings to the legislature no
 later than sixteen months after the date of the  first  meeting  of  the
 task  force.  The final report of its recommendations shall be submitted
 to the legislature no later than fourteen months after  the  preliminary
 report is submitted.
   (vi)  Designate  individuals who are African American descendants of a
 chattel enslaved person or the descendant of a free black person  living
 in  the  United States prior to the end of the nineteenth century in the
 state of New York, as the population that will be  the  focus  and  sole
 beneficiaries  of  the  task force's analysis for achieving economic and
 social equity.
   § 4. Membership of the task force. (a) Appointment of members. (i) The
 task force shall be composed of eleven members who  shall  be  appointed
 within ninety days after the effective date of this act, as follows:
   (A) Five members shall be appointed by the governor; and
   (B) Three members each shall be appointed by the president pro tempore
 of the senate and the speaker of the assembly.
   (ii) The governor's appointees shall include all of the following:
   (A)  One  appointee  from  the field of academia that has expertise in
 civil rights.
   (B) Two appointees with experience working to implement racial justice
 reform.
   (C) Two appointees from grassroots organizations  that  are  presently
 championing the cause of reparatory justice for American freedmen.
   (iii)  No  more  than  four members of the legislature shall be on the
 task force.
   (iv) Task force members shall be in support of American freedmen line-
 age-based reparations.
   (b) Qualification of members. (i) All members shall have  demonstrated
 through prior community service and/or professional activities that they
 represent  the  interests  of  African-American  descendants  of persons
 enslaved in the United  States,  American  freedmen  within  communities
 throughout  the  state,  possess  expertise,  at least, in the fields of
 history, civil rights, law,  economics,  and  psychology,  and,  to  the
 extent possible, represent geographically diverse areas of the state.
   (ii)  At all times the composition of the task force shall be composed
 of a majority of members who  are  American  freedmen,  African-American
 descendants of persons enslaved in the United States.
   (c)  Meetings of the task force. (i) The governor shall call the first
 meeting no later than thirty days after the members of  the  task  force
 have been appointed.
   (ii) Six members of the task force shall constitute a quorum.
   (iii) The task force shall elect a chair and vice-chair from among its
 members.  The  term  of office of each shall be for the life of the task
 force.
   (d) Compensation. (i) The members of the task force shall  receive  no
 compensation  for  their service as members, but shall be reimbursed for
 their actual and necessary expenses incurred in the performance of their
 duties.
   (ii) For attendance at meetings during adjournment of the legislature,
 a legislative member of the task force shall be  entitled  to  per  diem
 A. 7828                             5
 
 compensation  and  reimbursement  of  expenses upon appropriation by the
 legislature.
   (iii)  Non-legislative  members of the task force shall be entitled to
 per diem compensation and reimbursement of expenses  upon  appropriation
 by the legislature.
   §  5. Powers of the task force. (a) Powers; generally. The task force,
 for the purpose of carrying out the provisions  of  this  act,  has  the
 authority to:
   (i) create subcommittees.
   (ii) create its own bylaws.
   (iii)  hold  such  hearings  and sit and act at such times and at such
 places in the United States, as the task force considers appropriate.
   (iv) request the production of books, records,  correspondence,  memo-
 randa, papers, and documents.
   (v)  seek  an  order  from  a  Superior  Court compelling testimony or
 compliance with a subpoena.
   (b) Powers of subcommittees and members. Any subcommittee or member of
 the task force may, if authorized by the task  force,  take  any  action
 which the task force is authorized to take by this section.
   (c)  Obtaining official data. The task force may acquire directly from
 the head of any state agency, or instrumentality of the state, available
 information which the task force considers useful in  the  discharge  of
 its  duties.  All  departments,  agencies,  and instrumentalities of the
 state shall cooperate with the task force with respect to such  informa-
 tion  and  shall  furnish all information requested by the task force to
 the extent permitted by law. The task force shall keep confidential  any
 information  received  from a state agency that is meant to be confiden-
 tial or exempt from article 6 of the public officers law.
   § 6. Termination. The task force shall terminate ninety days after the
 date on which the task force submits its final report to the legislature
 as provided in paragraph (v) of subdivision (b) of section three of this
 act.
   § 7. Administrative provisions. (a) The task force may appoint and fix
 the compensation of such personnel as the task force considers appropri-
 ate.
   (b) The task force shall have the administrative, technical, and legal
 assistance of the state.
   (c) The task force may procure supplies,  services,  and  property  by
 contract in accordance with applicable laws and rules.
   (d)  The  task  force  may  enter  into  contracts for the purposes of
 conducting research or surveys, preparing reports, and performing  other
 activities  necessary  for the discharge of the duties of the task force
 with state departments, agencies, and other  instrumentalities,  federal
 departments,  agencies,  and  other instrumentalities, and private enti-
 ties.
   § 8. New York state freedmen's bureau. There is hereby established the
 New York state freedmen's bureau, which may be referred to in  this  act
 as the "freedmen's bureau", charged with the distribution of reparations
 and  reparative  justice  as  recommended  by the task force and further
 passed in legislation by the state. In addition, the bureau shall  focus
 on, but not be limited to: genealogical research, community life, educa-
 tion,  and  workforce  development for American freedmen. The freedmen's
 bureau will be established and funded as its own state agency  reporting
 directly to the governor. The bureau's initial tasks upon formation will
 be  genealogical  research specifically for connecting American freedmen
 with their lineage. Also, during the task force's existence  the  bureau
 A. 7828                             6
 
 will  serve to take on all genealogical work directed by the task force.
 Once the task force concludes, its  findings  and  recommendations  will
 direct  the continued scope of the New York freedmen's bureau which will
 be  tasked  with being the central administrator of programs recommended
 by the task force which become law.
   § 9. Federal reparations. Any state-level reparation actions that  are
 undertaken  as a result of this task force are not a replacement for any
 reparations enacted at the federal level, and shall not  be  interpreted
 as such.
   §  10.  Budget.  Monies  appropriated  for the New York state American
 freedmen equity task force on reparations  remedies  and  the  New  York
 state freedmen's bureau shall be distributed as follows:
   (a)  New  York  freedmen's bureau: fifty million dollars ($50,000,000)
 per fiscal year.
   (b) New York state American freedmen equity task force on  reparations
 remedies:  twenty-two  million dollars ($22,000,000) which shall be used
 as follows:
   (i)  Member  reimbursement:  two  hundred   fifty   thousand   dollars
 ($250,000).    Member  reimbursement  shall not exceed two hundred fifty
 thousand dollars ($250,000) over the life of the  task  force.  Receipts
 shall  be required for any reimbursement and only preauthorized expenses
 shall be covered from any funds appropriated to the task force.
   (ii) Expert witness travel, lodging and incidental costs: five hundred
 thousand dollars ($500,000).
   (iii) Marketing: ten million dollars ($10,000,000).
   (iv)  Community  outreach   and   education:   ten   million   dollars
 ($10,000,000).
   (v)  Administrative staff, equipment and office space: one million two
 hundred fifty thousand dollars ($1,250,000).
   §  11.  Appropriation.  The  sum  of   seventy-two   million   dollars
 ($72,000,000),  or so much thereof as may be necessary, is hereby appro-
 priated to the New York state American freedmen  equity  task  force  on
 reparations  remedies and the New York freedmen's bureau from any moneys
 in the state treasury in the general fund to the  credit  of  the  state
 purposes account not otherwise appropriated for the purposes of carrying
 out  the  provisions of this act. Such sum shall be payable on the audit
 and warrant of the state comptroller on vouchers certified  or  approved
 by  the  chair of the New York state American freedmen equity task force
 on reparations remedies or the director of the New York state freedmen's
 bureau, or their duly designated representative in the  manner  provided
 by law.
   §  12. This act shall take effect immediately and sections two, three,
 four, five, six, and seven of  this  act  shall  expire  and  be  deemed
 repealed  ninety  days after the New York state American freedmen equity
 task force on reparations remedies  submits  its  final  report  to  the
 legislature  as  provided in paragraph (v) of subdivision (b) of section
 three of this act; provided that, the chair of the New York state Ameri-
 can freedmen equity task force on reparations remedies shall notify  the
 legislative  bill  drafting commission upon the submission of its report
 as provided in paragraph (v) of subdivision (b) of section three of this
 act in order that the commission may maintain  an  accurate  and  timely
 effective data base of the official text of the laws of the state of New
 York  in furtherance of effectuating the provisions of section 44 of the
 legislative law and section 70-b of the public officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7828--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 23, 2023
                                ___________
 
 Introduced  by M. of A. LUCAS -- read once and referred to the Committee
   on Governmental Operations  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   again reported from said committee with amendments, ordered  reprinted
   as amended and recommitted to said committee

 AN ACT to acknowledge New York state's role in the fundamental injustice
   and  inhumanity  of  the  institution of slavery; to establish the New
   York State American Freedmen Task Force on  Reparations  Remedies;  to
   examine  all  aspects  of  slavery,  subsequent  de  jure and de facto
   racial, social and economic discrimination against  American  Freedmen
   and the impact of these forces on living American Freedmen and to make
   determinations  regarding  compensation and repair; to establish a New
   York State Freedmen's Bureau charged with the distribution of  repara-
   tions  &  reparative  justice  passed in legislature by the state; and
   making an appropriation therefor; and  providing  for  the  repeal  of
   certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 State American Freedmen Task Force on Reparations Remedies Act".
   §  2. Legislative intent. The Legislature makes the following findings
 and declarations:
   (a) Approximately 450,000+ Africans were trafficked  and  enslaved  in
 the  United  States  and the colonies that became the United States from
 1619 to 1865, inclusive.  At  the  peak  of  slavery  their  descendants
 numbered 4,000,000.
   (b)  The  institution  of slavery was constitutionally and statutorily
 sanctioned by the United States from 1776 through 1865, inclusive.
   (c) The chattel slavery that flourished in the United  States  consti-
 tuted  an  immoral  and inhumane deprivation of Africans' life, liberty,

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07407-08-3
 A. 7828--B                          2
              

 
 citizenship rights, and cultural heritage and denied them the fruits  of
 their own labor.
   (d)  A  preponderance  of  scholarly, legal, and community evidentiary
 documentation, as well as popular culture markers, constitute the  basis
 for  inquiry  into the ongoing effects of the institution of slavery and
 its legacy embodied in persistent systemic structures of  discrimination
 on living descendants of persons enslaved in the United States, American
 Freedmen.
   (e)  Contrary  to  what  many  people  believe, slavery was not just a
 southern institution. Prior to the American Revolution, there were  more
 enslaved Africans in New York City than in any other city except Charle-
 ston,  South  Carolina.  During this period, slaves accounted for 20% of
 the population of New York and approximately 40% of  colonial  New  York
 households  owned  slaves. In 1799 the New York State Legislature passed
 "An Act for the Gradual Abolition of Slavery". This  legislation  was  a
 first  step in the direction of emancipation but did not have an immedi-
 ate effect on or affect all enslaved people.  Rather,  it  provided  for
 gradual  manumission.  All children born to enslaved women after July 4,
 1799, would be freed, but only after their most productive years: age 28
 for men and age 25 for women.  Enslaved  persons  already  in  servitude
 before  July 4, 1799, were reclassified as "indentured servants", but in
 reality, remained enslaved for the duration of their lives. In 1817, the
 Legislature enacted a statute that gave freedom  to  New  York  enslaved
 people  who  had  been  born  before  July 4, 1799. This statute did not
 become effective until July 4, 1827, however, despite these laws,  there
 were  exceptions  under  which  certain  persons could still own slaves;
 non-residents could enter New York with slaves for up  to  nine  months,
 and  part-time  residents  were  allowed  to bring their slaves into the
 state temporarily. The  nine-month  exception  remained  law  until  its
 repeal in 1841 when the North was redefining itself as the "free" region
 in advance of the Civil War.
   (f)  Following  the abolition of slavery, the United States government
 at the  federal,  state,  and  local  levels  continued  to  perpetuate,
 condone,  and  often profit from practices that maintained brutalization
 and disadvantage for descendants  of  persons  enslaved  in  the  United
 States,  American  Freedmen,  including  but not limited to Black Codes,
 sharecropping, convict leasing,  Jim  Crow  laws,  lynching,  redlining,
 unequal education, etc.
   (g)  As a result of the badges and incidents of slavery, Jim Crow, and
 continued targeted discriminatory policy,  the  descendants  of  persons
 enslaved  in  the  United  States, American Freedmen, continue to suffer
 debilitating economic, educational, and health hardships.
   § 3. Definition. For the purposes  of  this  act,  the  term  American
 Freedmen  shall  mean  those persons who have at least one ancestor that
 was enslaved in the United States of America,  who  was  emancipated  in
 1863  by  way  of the Emancipation Proclamation or in 1865 by way of the
 13th Amendment to the Constitution, and have been despoiled their rights
 as citizens due to the badges, incidents and vestiges of slavery.
   § 4. Establishment, purpose, and duties of the task force. (a)  Estab-
 lishment. There is hereby established the New York State American Freed-
 men Task Force on Reparations Remedies, which may be referred to in this
 act as the "task force".
   (b) Duties. The task force shall perform the following duties:
   (i)  Study  the  current  condition  of  individuals  who descend from
 persons enslaved in the United States, American  Freedmen,  both  across
 A. 7828--B                          3
 
 the  nation, generally, and in the state of New York, specifically, as a
 result of:
   (A)  The de jure and de facto discrimination against American Freedmen
 and their descendants from the end of the  Civil  War  to  the  present,
 including economic, political, educational, and social discrimination.
   (B)  The  lingering negative effects of the institution of slavery and
 discrimination on living descendants of persons enslaved in  the  United
 States, American Freedmen.
   (C)  The  manner in which instructional resources and technologies are
 being used to deny the inhumanity  of  slavery  and  the  crime  against
 humanity committed against descendants of persons enslaved in the United
 States, American Freedmen, in New York state and the United States.
   (D)  The  larger role of northern complicity in the disproportionately
 southern-based institution of slavery:
   1. The state of New York mercantile merchants profited immensely  from
 the  sale  of raw cotton to European mills transported from the southern
 states.
   2. New York businessmen  assisted  planters  in  purchasing  the  land
 slaves worked, and the tools they used to labor.
   3.  New York's textile industry specialized in the clothes slaves wore
 called "negro-cloth".
   4. New York manufactured whips that overseers wielded, the books  that
 planters read, and the finery plantation mistresses prized.
   5. New York lenders loaned money to allow planters to purchase slaves,
 and insurance to protect their investments.
   6.  New  York  invested  in  transatlantic, international, and coastal
 shipping lines that shipped between southern ports and New York.
   (E) The direct benefits of  slavery  and  discrimination  to  societal
 institutions, public and private, including higher education, corporate,
 religious, and associational.
   (ii)  Develop  reparations  remedies  from which New York ratified the
 U.S.  Constitution and entered the Union as the eleventh State in 1788.
   (iii) Recommend appropriate ways to educate the New York and  American
 public of the task force's findings.
   (iv)  Recommend  appropriate  remedies  in  consideration  of the task
 force's findings on the matters described in  this  section,  including,
 but not limited to:
   (A) Determine how the state of New York will offer a formal apology on
 behalf  of  the  people  of New York for the perpetration of gross human
 rights violations and crimes against humanity on individuals who descend
 from persons enslaved in the United States.
   (B) Document the injuries resulting from  matters  described  in  this
 subdivision  can  be  reversed  and how to provide appropriate policies,
 programs, projects, and recommendations for the purpose of  reversal  of
 the injuries.
   (C)  Propose the form and scope that measures should be taken from the
 task force's findings in consideration of the task force's findings, any
 other forms of recompense to descendants  of  persons  enslaved  in  the
 United  States,  American Freedmen are warranted and what form and scope
 those measures should take.
   (D) Draft a resolution on how the state of New York can  advocate  the
 adoption  of  a national plan for reparations for descendants of persons
 enslaved in the United States.
   (v) Submit a preliminary report of its findings to the legislature  no
 later  than  sixteen  months  after the date of the first meeting of the
 task force. The final report of its recommendations shall  be  submitted
 A. 7828--B                          4
 
 to  the  legislature no later than fourteen months after the preliminary
 report is submitted.
   (vi) Designate individuals who are American Freedmen as the population
 that will be the focus and sole beneficiaries of the task force's analy-
 sis.
   (vii)  Ensure  that  reparations proposals adhere to the five forms of
 reparations as defined by international law: (A) compensation; (B) reha-
 bilitation; (C) restitution; (D) satisfaction;  and  (E)  guarantees  of
 non-repetition.
   § 5. Membership of the task force. (a) Appointment of members. (i) The
 task  force  shall  be composed of eleven members who shall be appointed
 within ninety days after the effective date of this act, as follows:
   (A) Five members shall be appointed by the governor; and
   (B) Three members each shall be appointed by the president pro tempore
 of the senate and the speaker of the assembly.
   (ii) The governor's appointees shall include all of the following:
   (A) One appointee from the field of academia  that  has  expertise  in
 civil rights.
   (B)  One appointee with experience working to implement racial justice
 reform.
   (C) Two appointees from grassroots organizations  that  are  presently
 championing the cause of reparatory justice for American Freedmen.
   (D) One appointee who is an expert in constitutional law.
   (iii)  No  more  than  four members of the legislature shall be on the
 task force.
   (iv) Task force members shall be in support of American Freedmen line-
 age-based reparations.
   (b) Qualification of members.  All  members  shall  have  demonstrated
 through prior community service and/or professional activities that they
 represent the interests of American Freedmen within communities through-
 out  the  state,  possess expertise, at least, in the fields of history,
 civil rights, law, economics, and psychology, and, to the extent  possi-
 ble, represent geographically diverse areas of the state.
   (c)  Meetings of the task force. (i) The governor shall call the first
 meeting no later than thirty days after the members of  the  task  force
 have been appointed.
   (ii) Six members of the task force shall constitute a quorum.
   (iii) The task force shall elect a chair and vice-chair from among its
 members.  The  term  of office of each shall be for the life of the task
 force.
   (d) Compensation. (i) The members of the task force shall  receive  no
 compensation  for  their service as members, but shall be reimbursed for
 their actual and necessary expenses incurred in the performance of their
 duties.
   (ii) For attendance at meetings during adjournment of the legislature,
 a legislative member of the task force shall be  entitled  to  per  diem
 compensation  and  reimbursement  of  expenses upon appropriation by the
 legislature.
   (iii) Non-legislative members of the task force shall be  entitled  to
 per  diem  compensation and reimbursement of expenses upon appropriation
 by the legislature.
   § 6. Powers of the task force. (a) Powers; generally. The task  force,
 for  the  purpose  of  carrying  out the provisions of this act, has the
 authority to:
   (i) create subcommittees.
   (ii) create its own bylaws.
 A. 7828--B                          5
 
   (iii) hold such hearings and sit and act at such  times  and  at  such
 places in the United States, as the task force considers appropriate.
   (iv)  request  the production of books, records, correspondence, memo-
 randa, papers, and documents.
   (v) seek an order  from  a  Superior  Court  compelling  testimony  or
 compliance with a subpoena.
   (b) Powers of subcommittees and members. Any subcommittee or member of
 the  task  force  may,  if authorized by the task force, take any action
 which the task force is authorized to take by this section.
   (c) Obtaining official data. The task force may acquire directly  from
 the head of any state agency, or instrumentality of the state, available
 information  which  the  task force considers useful in the discharge of
 its duties. All departments,  agencies,  and  instrumentalities  of  the
 state  shall cooperate with the task force with respect to such informa-
 tion and shall furnish all information requested by the  task  force  to
 the  extent permitted by law. The task force shall keep confidential any
 information received from a state agency that is meant to  be  confiden-
 tial or exempt from article 6 of the public officers law.
   § 7. Termination. The task force shall terminate ninety days after the
 date on which the task force submits its final report to the Legislature
 as  provided in paragraph (v) of subdivision (b) of section four of this
 act.
   § 8. Administrative provisions. (a) The task force may appoint and fix
 the compensation of such personnel as the task force considers appropri-
 ate.
   (b) The task force shall have the administrative, technical, and legal
 assistance of the state.
   (c) The task force may procure supplies,  services,  and  property  by
 contract in accordance with applicable laws and rules including, but not
 limited  to,  sections  one  hundred  three  and one hundred four of the
 general municipal law.
   (d) The task force may  enter  into  contracts  for  the  purposes  of
 conducting  research or surveys, preparing reports, and performing other
 activities necessary for the discharge of the duties of the  task  force
 with  state  departments, agencies, and other instrumentalities, federal
 departments, agencies, and other instrumentalities,  and  private  enti-
 ties.
   § 9. New York state freedmen's bureau. There is hereby established the
 New  York  state freedmen's bureau, which may be referred to in this act
 as the "freedmen's bureau", charged with the distribution of reparations
 and reparative justice as recommended by  the  task  force  and  further
 passed  in legislation by the state. In addition, the bureau shall focus
 on, but not be limited to: genealogical research, community life, educa-
 tion, and workforce development for American  Freedmen.    The  bureau's
 initial  tasks upon formation will be genealogical research specifically
 for connecting American Freedmen with their lineage.  Also,  during  the
 task force's existence the bureau will serve to take on all genealogical
 work  directed  by  the  task  force. Once the task force concludes, its
 findings and recommendations will direct the continued scope of the  New
 York  freedmen's  bureau  which  will  be  tasked with being the central
 administrator of programs recommended by the  task  force  for  American
 Freedmen which become law.
   § 10. Federal reparations. Any state-level reparation actions that are
 undertaken  as a result of this task force are not a replacement for any
 reparations enacted at the federal level, and shall not  be  interpreted
 as such.
 A. 7828--B                          6
 
   §  11.  Budget.  Monies  appropriated  for the New York state American
 Freedmen task force on reparations  remedies  and  the  New  York  state
 freedmen's bureau shall be distributed as follows:
   (a)  New  York  freedmen's bureau: fifty million dollars ($50,000,000)
 per fiscal year.
   (b) New York state American Freedmen task force on  reparations  reme-
 dies:  twenty-two  million  dollars ($22,000,000) which shall be used as
 follows:
   (i)  Member  reimbursement:  two  hundred   fifty   thousand   dollars
 ($250,000).    Member  reimbursement  shall not exceed two hundred fifty
 thousand dollars ($250,000) over the life of the  task  force.  Receipts
 shall  be required for any reimbursement and only preauthorized expenses
 shall be covered from any funds appropriated to the task force.
   (ii) Expert witness travel, lodging and incidental costs: five hundred
 thousand dollars ($500,000).
   (iii) Marketing: ten million dollars ($10,000,000).
   (iv)  Community  outreach   and   education:   ten   million   dollars
 ($10,000,000).
   (v)  Administrative staff, equipment and office space: one million two
 hundred fifty thousand dollars ($1,250,000).
   §  12.  Appropriation.  The  sum  of   seventy-two   million   dollars
 ($72,000,000),  or so much thereof as may be necessary, is hereby appro-
 priated to the New York state American Freedmen task  force  on  repara-
 tions remedies and the New York freedmen's bureau from any moneys in the
 state  treasury  in the general fund to the credit of the state purposes
 account not otherwise appropriated for the purposes of carrying out  the
 provisions  of  this  act.  Such  sum  shall be payable on the audit and
 warrant of the state comptroller on vouchers certified  or  approved  by
 the  chair of the New York state American Freedmen task force on repara-
 tions remedies or the director of the New York state freedmen's  bureau,
 or their duly designated representative in the manner provided by law.
   § 13. This act shall take effect immediately and sections three, four,
 five,  six,  seven,  and  eight  of  this act shall expire and be deemed
 repealed ninety days after the New York  state  American  Freedmen  task
 force  on  reparations remedies submits its final report to the legisla-
 ture as provided in paragraph (v) of subdivision (b) of section four  of
 this act; provided that, the chair of the New York state American Freed-
 men task force on reparations remedies shall notify the legislative bill
 drafting  commission  upon  the  submission of its report as provided in
 paragraph (v) of subdivision (b) of section four of this  act  in  order
 that  the  commission may maintain an accurate and timely effective data
 base of the official text of the laws of the state of New York in furth-
 erance of effectuating the provisions of section 44 of  the  legislative
 law and section 70-b of the public officers law.