PRINTER'S NO. 1035
No. 934 Session of 1995
INTRODUCED BY RICHARDSON, CURRY, ROBINSON AND CARN, FEBRUARY 28, 1995
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 28, 1995
AN ACT 1 Acknowledging the fundamental injustice, cruelty, brutality and 2 inhumanity of slavery in the United States and the 13 3 American colonies between 1619 and 1865, and in Pennsylvania 4 during a portion of that time; establishing the African- 5 American Reparation Study Commission to examine the 6 institution of slavery, subsequent de jure and de facto 7 racial and economic discrimination against African-Americans 8 and the impact of these forces on living African-Americans; 9 making recommendations to the General Assembly on appropriate 10 remedies; and making an appropriation. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Short title. 14 This act shall be known and may be cited as the African- 15 American Reparation Study Commission Act. 16 Section 2. Legislative findings and purpose. 17 (a) Findings.--The General Assembly finds as follows: 18 (1) That approximately 4,000,000 Africans and their 19 descendants were enslaved in the United States and the 20 colonies that became the United States from 1619 to 1865. 21 (2) That the institution of slavery was constitutionally 22 and statutorily sanctioned by the Federal Government from
1 1789 through 1865. 2 (3) That William Penn and other Quakers owned slaves in 3 the Province of Pennsylvania. As a result of the Gradual 4 Emancipation Act of 1780, the 3,737 black slave population of 5 1790 dropped to 64 by 1840, and by 1850 all Pennsylvania 6 blacks were free unless they were fugitives from the South. 7 (4) That the slavery that flourished in the United 8 States constituted an immoral and inhumane deprivation of 9 Africans' life, liberty, African citizenship rights and 10 cultural heritage and denied them the fruits of their own 11 labor. 12 (5) That sufficient inquiry has not been made into the 13 effects of the institution of slavery on living African- 14 Americans and society in the United States. 15 (b) Purpose.--The purpose of this act is to establish a 16 commission: 17 (1) To examine the institution of slavery which existed 18 within Pennsylvania, including the extent to which the 19 provincial and State government constitutionally and 20 statutorily supported the institution of slavery. 21 (2) To examine de jure and de facto discrimination 22 against freed slaves and their descendants from the end of 23 the Civil War to the present, including economic, political 24 and social discrimination. 25 (3) To examine the lingering negative effects of the 26 institution of slavery and the discrimination described in 27 paragraph (2) on living African-Americans and on society in 28 this Commonwealth. 29 (4) To recommend appropriate ways to educate the 30 American public of the African-American Reparation Study 19950H0934B1035 - 2 -
1 Commission's findings. 2 (5) To recommend appropriate remedies in consideration 3 of the African-American Reparation Study Commission's 4 findings on the matters described in paragraphs (1) and (2). 5 (6) To submit to the General Assembly the results of 6 this examination, together with such recommendations as it 7 deems necessary. 8 Section 3. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Commission." The African-American Reparation Study 13 Commission established in section 4. 14 Section 4. Commission. 15 (a) Establishment.--There is hereby established the African- 16 American Reparation Study Commission. 17 (b) Composition.-- 18 (1) The commission shall be composed of seven members, 19 who shall be appointed, within 90 days after the effective 20 date of this act, as follows: 21 (i) Three members shall be appointed by the 22 Governor. 23 (ii) One member shall be appointed by the President 24 pro tempore of the Senate. 25 (iii) Three members shall be appointed by the 26 Speaker of the House of Representatives. 27 (2) All members of the commission shall be persons who 28 are especially qualified to serve on the commission by virtue 29 of their education, training or experience, particularly in 30 the field of African-American studies. 19950H0934B1035 - 3 -
1 (c) Terms.--The term of office for members shall be for the 2 life of the commission. A vacancy in the commission shall not 3 affect the powers of the commission and shall be filled in the 4 same manner in which the original appointment was made. 5 (d) First meeting.--The Governor shall call the first 6 meeting of the commission within 120 days after the effective 7 date of this act. 8 (e) Quorum.--Four members of the commission shall constitute 9 a quorum, but a lesser number may hold hearings. 10 (f) Chairman and vice chairman.--The commission shall elect 11 a chairman and vice chairman from among its members. The term of 12 office of each shall be for the life of the commission. 13 (g) Expenses.--Members of the commission shall receive no 14 compensation, but shall be entitled to reimbursement for all 15 reasonable and necessary expenses, in accordance with the rules 16 of the Executive Board. 17 Section 5. Powers and duties. 18 (a) Powers and duties enumerated.--The commission shall: 19 (1) Examine the institution of slavery which existed 20 within the United States and the colonies that became the 21 United States from 1619 through 1865. The commission's 22 examination shall include an examination of the following: 23 (i) The capture and procurement of Africans. 24 (ii) The transport of Africans to the United States 25 and the colonies that became the United States for the 26 purpose of enslavement, including their treatment during 27 transport. 28 (iii) The sale and acquisition of Africans as 29 chattel property in interstate and intrastate commerce. 30 (iv) The treatment of African slaves in 19950H0934B1035 - 4 -
1 Pennsylvania, including the deprivation of their freedom, 2 exploitation of their labor and destruction of their 3 culture, language, religion and family. 4 (2) Examine the extent to which our State government 5 supported the institution of slavery in constitutional and 6 statutory provisions, including the extent to which our 7 government prevented, opposed or restricted efforts of freed 8 African slaves to repatriate to their home land. 9 (3) Examine State laws that discriminated against freed 10 African slaves and their descendants during the period 11 between the end of the Civil War and the present. 12 (4) Examine other forms of discrimination in the public 13 and private sectors against freed African slaves and their 14 descendants during the period between the end of the Civil 15 War and the present. 16 (5) Examine the lingering negative effects of the 17 institution of slavery and the matters described in 18 paragraphs (1), (2), (3) and (4) on living African-Americans 19 and on society within this Commonwealth. 20 (6) Recommend appropriate ways to educate the citizens 21 of Pennsylvania of the commission's findings. 22 (7) Recommend appropriate remedies in consideration of 23 the commission's findings on the matters described in 24 paragraphs (1), (2), (3) and (4). In making recommendations, 25 the commission shall address, among other issues, the 26 following questions: 27 (i) Whether the Commonwealth should offer a formal 28 apology on behalf of the people of Pennsylvania for the 29 perpetration of gross human rights violations on African 30 slaves and their descendants. 19950H0934B1035 - 5 -
1 (ii) Whether African-Americans still suffer from the 2 lingering affects of the matters described in paragraphs 3 (1), (2), (3) and (4). 4 (iii) Whether, in consideration of the commission's 5 findings, any form of compensation to the descendants of 6 African slaves is warranted. 7 (iv) If the commission finds that such compensation 8 is warranted, what should be the amount of compensation, 9 what form of compensation should be awarded and who 10 should be eligible for such compensation. 11 (b) Report to General Assembly.--The commission shall submit 12 a written report of its findings and recommendations to the 13 General Assembly not later than the date which is one year after 14 the date of the first meeting of the commission held under 15 section 4(d). 16 Section 6. Procedure. 17 (a) Hearings and sessions.--The commission may, for the 18 purpose of carrying out the provisions of this act, hold 19 hearings and sit at such times and at such places in this 20 Commonwealth, and request the attendance and testimony of such 21 witnesses and the production of such books, records, 22 correspondence, memoranda, papers and documents, as the 23 commission considers appropriate. The commission may issue 24 subpoenas for the production of records and to require the 25 attendance and testimony of witnesses. 26 (b) Powers of subcommittees and members.--Any subcommittee 27 or member of the commission may, if authorized by the 28 commission, take any action which the commission is authorized 29 to take by this section. 30 (c) Obtaining official data.--The commission may acquire 19950H0934B1035 - 6 -
1 directly from the head of any department, agency or 2 instrumentality of the executive branch of the government, 3 available information which the commission considers useful in 4 the discharge of its duties. All departments, agencies and 5 instrumentalities of the executive branch of the government 6 shall cooperate with the commission with respect to such 7 information and shall furnish all information requested by the 8 commission to the extent permitted by law. 9 Section 7. Administrative provisions. 10 (a) Staff.--The commission may appoint and fix the 11 compensation of an executive director and such other personnel 12 as the commission considers appropriate, all of whom shall serve 13 at the pleasure of the commission. 14 (b) Experts and consultants.--The commission may procure the 15 services of experts and consultants as it deems necessary. 16 (c) Administrative support services.--The commission may 17 enter into agreements with the Department of General Services 18 for procurement of financial and administrative services 19 necessary for the discharge of the duties of the commission. 20 Payment for the services shall be made by reimbursement from 21 funds of the commission in such amounts as may be agreed upon by 22 the chairman of the commission and the department. 23 (d) Contracts.--The commission may: 24 (1) procure supplies, services and property by contract 25 in accordance with applicable laws and regulations; and 26 (2) enter into contracts with departments, agencies and 27 instrumentalities of the Commonwealth, and private firms, 28 institutions and agencies, for the conduct of research or 29 surveys, the preparation of reports and other activities 30 necessary for the discharge of the duties of the commission. 19950H0934B1035 - 7 -
1 Section 8. Termination. 2 The commission shall terminate 90 days after the date on 3 which the commission submits its report to the General Assembly 4 under section 5(b). 5 Section 9. Appropriation. 6 The sum of $3,000,000, or as much thereof as may be 7 necessary, is hereby appropriated to the African-American 8 Reparation Study Commission for the 18-month period commencing 9 on the effective date of this act, to carry out the purposes of 10 this act. 11 Section 10. Effective date. 12 This act shall take effect immediately. K30L71DGS/19950H0934B1035 - 8 -