Cal. Gov. Code § 8301.1
Findings and Declarations
Redline — January 1, 2021 → current.View current text →
Current — January 1, 2025
As of January 1, 2021
(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 a 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 of this chapter. The report shall be submitted in compliance with Section 9795.
(a) The Legislature finds and declares all of the following:
(1) In 2020, the people of California 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) and required the Task Force to address, among other things, 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, and 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.
(2) Based on the Task Force’s evidentiary findings and recommendations outlined in the report to the Legislature as required by the statute, the people of the State of California hereby acknowledge being a beneficiary of the forced enslavement of African slaves brought to California and the subordination of Black Californians that continued following the adoption of the Thirteenth Amendment to the United States Constitution.
(3) Well after California entered the Union and declared itself a free state outlawing slavery, more than 2,000 enslaved African people were brought to California from 1850 to 1860.
(4) The California Supreme Court enforced fugitive slave laws until 1865, stating that the antislavery law in the California Constitution was merely a “declaration of a principle.”
(5) Throughout the state’s history, California’s executive, judicial, and legislative branches continuously denied African slaves and their descendants basic humanity and fundamental liberties.
(6) Moreover, California’s cities, counties, special districts, joint powers authorities, and other quasi-governmental entities exerted demonstrable undue pressure upon African slaves and Black Californians throughout the territory.
(7) California industries benefited from ill-gotten gains based on chattel slavery in the form of agricultural and other industrial production. The State of California should consider reviewing these gains in order to potentially fund reparatory efforts.
(8) California courts prevented Black citizens from testifying in legal proceedings against a white person, and California’s Legislature vehemently opposed Congressional civil rights laws and delayed ratification of the Fourteenth and Fifteenth Amendments to the United States Constitution, hindering Black Americans the right to citizenship, due process under the law, and right to vote.
(9) California further disenfranchised Black Californians by enacting deliberate racial barriers such as poll taxes and literacy tests, prohibiting interracial marriage, and passing antimiscegenation laws in its first legislative session in 1850.
(10) California constructed monuments, memorials, markers, and plaques to preserve and memorialize Confederate principles, glorifying subjugation, slavery, and white supremacy.
(11) From the brutality of enslavement to extrajudicial police killings, state-sanctioned violence at all levels of government, such as lynching, coercive sterilization, torture, and property destruction inflicted death, physical injury, and psychological harm on Black Californians.
(12) California openly sanctioned widespread segregation and discrimination against African Americans in workplaces, educational facilities, and public spaces, and enacted predatory licensing laws, fire and safety codes, and antinuisance laws to disrupt African American businesses and patrons.
(13) Discriminatory housing policies, including redlining, residential zoning ordinances, and loan practices, produced persistent housing segregation and longstanding inequities in home ownership for Black Californians.
(14) State and local governments targeted property owned by African Americans for renewal and development projects employing unjust uses of eminent domain, often without providing just compensation, yet those same authorities enacted and enforced laws that historically excluded African Americans from outdoor recreation, public transit, and other public infrastructure.
(15) The eugenics movement thrived in California and thousands of African Americans were forcibly sterilized or were the subjects of medical experiments without valid consent.
(b) According to the United Nations Principles on Reparation, an apology, when combined with material forms of reparations, provides an opportunity for communal reckoning with the past and repair for moral, physical, and dignitary harms.
Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.