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AB-2296 Task Force to Study and Develop Reparation Proposals for African Americans. (2021-2022)

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Date Published: 09/01/2022 09:00 PM
AB2296:v97#DOCUMENT

Enrolled  September 01, 2022
Passed  IN  Senate  August 29, 2022
Passed  IN  Assembly  August 30, 2022
Amended  IN  Senate  August 11, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2296


Introduced by Assembly Member Jones-Sawyer

February 16, 2022


An act to amend Sections 8301.1, 8301.2, and 8301.7 of the Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 2296, Jones-Sawyer. Task Force to Study and Develop Reparation Proposals for African Americans.
Existing law establishes the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force). Under existing law, the Task Force consists of 9 members, with 5 members appointed by the Governor, 2 members appointed by the President pro Tempore of the Senate, and 2 members appointed by the Speaker of the Assembly. Existing law establishes the term of office for members as the life of the Task Force. Existing law requires the Task Force to elect a chair and vice chair from among its members. Existing law requires the Task Force, among other things, to identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies, as specified, and to recommend the form of compensation that should be awarded, the instrumentalities through which it should be awarded, and who should be eligible for this compensation. Existing law requires the Task Force to submit a written report of its findings and recommendations to the Legislature within a year of the first meeting of the Task Force, as prescribed. Existing law repeals these provisions on July 1, 2023.
This bill would remove the specified term of office for appointees and, instead, subject the appointees to removal at the pleasure of their appointing authority. The bill would authorize the Task Force, by majority vote, to elect officers and create advisory bodies and subcommittees to accomplish its duties. The bill would require the Task Force to submit at least one report. The bill would place any reports of the Task Force within the public domain and would provide that the State of California retains no copyright or other proprietary interest in that information. The bill would extend the operation of these provisions, as amended by the bill, until July 1, 2024.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 8301.1 of the Government Code is amended to read:

8301.1.
 (a) There is hereby established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force).
(b) The Task Force shall perform all of the following duties:
(1) Identify, compile, and synthesize the relevant corpus of evidentiary documentation of the institution of slavery that existed within the United States and the colonies that became the United States from 1619 to 1865, inclusive. The Task Force’s documentation and examination shall include the facts related to all of the following:
(A) The capture and procurement of Africans.
(B) The transport of Africans to the United States and the colonies that became the United States for the purpose of enslavement, including their treatment during transport.
(C) The sale and acquisition of Africans as chattel property in interstate and intrastate commerce.
(D) The treatment of African slaves in the colonies and the United States, including the deprivation of their freedom, exploitation of their labor, and destruction of their culture, language, religion, and families.
(E) The extensive denial of humanity, sexual abuse, and chattelization of persons.
(F) The federal and state laws that discriminated against formerly enslaved Africans and their descendants who were deemed United States citizens from 1868 to the present.
(G) The other forms of discrimination in the public and private sectors against freed African slaves and their descendants who were deemed United States citizens from 1868 to the present, including redlining, educational funding discrepancies, and predatory financial practices.
(H) The lingering negative effects of the institution of slavery and the matters described in this section on living African Americans who are descendants of persons enslaved in the United States (African Americans) and on society in the United States.
(2) Recommend appropriate ways to educate the California public of the Task Force’s findings.
(3) Recommend appropriate remedies in consideration of the Task Force’s findings on the matters described in this section. In making recommendations, the Task Force shall address, among other issues, all of the following:
(A) 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.
(B) How the State of California will offer a formal apology on behalf of the people of California for the perpetration of gross human rights violations and crimes against humanity on African slaves and their descendants.
(C) How California laws and policies that continue to disproportionately and negatively affect African Americans as a group and perpetuate the lingering material and psychosocial effects of slavery can be eliminated.
(D) How 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 reversing the injuries.
(E) 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 United States, is calculated.
(F) What form of compensation should be awarded, through what instrumentalities, and who should be eligible for such compensation.
(G) 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.
(c) The Task Force shall submit at least one written report of its findings and recommendations to the Legislature no later than the date that is one year after the date of the first meeting of the Task Force held pursuant to Section 8301.2. All reports shall be submitted in compliance with Section 9795. Any report submitted to the Legislature pursuant to this section is within the public domain and the State of California retains no copyright or other proprietary interest in that information. It is the intent of the Legislature that the public domain use of information in a report pursuant to this chapter cite as the source the original report authored by the California Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States.

SEC. 2.

 Section 8301.2 of the Government Code is amended to read:

8301.2.
 (a) The Task Force shall consist of nine members, appointed as follows:
(1) Five members shall be appointed by the Governor.
(2) Two members shall be appointed by the President pro Tempore of the Senate and two members shall be appointed by the Speaker of the Assembly.
(b) The Governor’s appointees shall include all of the following:
(1) One appointee from the field of academia that has expertise in civil rights.
(2) Two appointees from major civil society and reparations organizations that have historically championed the cause of reparatory justice.
(c) Not more than four appointees shall be Members of the Legislature.
(d) Members shall be drawn from diverse backgrounds to represent the interests of communities of color throughout the state, have experience working to implement racial justice reform, and, to the extent possible, represent geographically diverse areas of the state.
(e) An appointee may be removed at the pleasure of their appointing authority. A vacancy in the Task Force shall not affect the powers of the Task Force and shall be filled in the same manner that the original appointment was made.
(f) The Governor shall call the first meeting of the Task Force to occur no later than June 1, 2021.
(g) Five members of the Task Force shall constitute a quorum.
(h) The Task Force shall elect a chair and vice chair from among its members. The Task Force, by majority vote, may elect officers and create advisory bodies and subcommittees to accomplish its duties.
(i) 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 for not more than 10 meetings, upon appropriation by the Legislature.
(j) Nonlegislative members of the Task Force shall be entitled to per diem compensation and reimbursement of expenses for not more than 10 meetings, upon appropriation by the Legislature.

SEC. 3.

 Section 8301.7 of the Government Code is amended to read:

8301.7.
 This chapter shall remain in effect until July 1, 2024, and as of that date is repealed.