ENSLAVEMENT REDRESS ACT

Illinois General Assembly - Full Text of HB1227

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1227

Introduced 1/28/2025, by Rep. Sonya M. Harper - Camille Y. Lilly - Carol Ammons - Justin Slaughter - Jehan Gordon-Booth, et al.

SYNOPSIS AS INTRODUCED:

New Act
5 ILCS 100/5-45.62 new
30 ILCS 105/5.1030 new

Creates the Enslavement Era Disclosure and Redress Act. Requires each
contractor that participates in a competitive bid with the State to review
its records for evidence of the contractor's or a related party's
participation in slaveholding or the slave trade and to make certain
disclosures with respect to that participation. Contains provisions
concerning notice of public hearings following the disclosures. Provides
that the Illinois Office of Equity shall appoint an administrator to
oversee the program. Provides that each contractor that has disclosed
participation in slaveholding or the slave trade shall provide the State
with a statement of financial redress at the time of submitting its bid.
Contains provisions creating a Redress Fund. Amends the State Finance Act
to make conforming changes. Effective immediately.
LRB104 05739 HLH 15769 b

A BILL FOR

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AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Enslavement Era Disclosure and Redress Act.

6

Section 5.
Definitions.
In this Act:
7

"Administrator" means the individual appointed by the
8
Office to oversee, implement, and enforce the provisions of
9
this Act.
10

"Awarding authority" means a subordinate or component
11
entity or person of the State that has the authority to enter
12
into a contract or agreement for the provision of goods or
13
services on behalf of the State.
14

"Company" means any person, firm, corporation,
15
partnership, or other business entity.
16

"Contract" means any agreement, franchise, lease, or
17
concession, including an agreement for any occasional
18
professional or technical personal services, the performance
19
of any work or service, the provision of any materials or
20
supplies, or the rendering of any service to the State of
21
Illinois or the public that is let, awarded, or entered into
22
with or on behalf of the State or any awarding authority.
23

"Contractor" means any company that has submitted a bid or

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is in the process of submitting a bid, whether competitive or
2
not, to contract with the State or any awarding authority of
3
the State.
4

"Descendant" means any living individual who can trace the
5
individual's lineage or ancestry directly or indirectly to an
6
enslaved person or persons. "Descendant" includes, but is not
7
limited to, children, grandchildren, great-grandchildren, and
8
subsequent generations, whether through biological or adoptive
9
relationships, as well as individuals with verifiable
10
genealogical evidence or documentation that establishes a
11
familial connection to an enslaved person. The term
12
"descendant" is intended to encompass a broad range of
13
familial connections, recognizing the historical and societal
14
impacts of the institution of slavery on the affected
15
individuals and their families.
16

"Eligible redress project" means any reparatory project or
17
program identified by the relevant stakeholders for
18
reparations in tandem with the Illinois Legislative Black
19
Caucus.
20

"Enslaved person" means any person who lived in the United
21
States or the territories that preceded the establishment of
22
the United States that became part of the United States:
23

(1) who was subject to the will of another;
24

(2) who was deemed by law to be the property of
25

another;
26

(3) whose person and services were wholly under the

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control of another in a state of enforced compulsory
2

service; and
3

(4) who could not legally leave enforced compulsory
4

service to another on such person's own volition at any
5

time during the person's lifetime and during the
6

Enslavement Era.
7

"Enslavement Era" means the historical period during which
8
the institution of slavery was legally recognized, practiced,
9
and enforced in the United States, spanning from the early
10
17th Century until the ratification of the 13th Amendment to
11
the United States Constitution in 1865.
12

"Investment" means to make use of an enslaved person for
13
future benefits or advantages.
14

"Office" means the Illinois Office of Equity.
15

"Participant" means a person or entity who participated in
16
slaveholding or participated in the slave trade.
17

"Participation in slaveholding" means having been a
18
slaveholder during the Enslavement Era.
19

"Participation in the slave trade" means having:
20

(1) issued slavery insurance policies, including, but
21

not limited to, policies issued to slaveholders for damage
22

to or death of enslaved persons and policies issued to
23

insure business transactions and operations related to the
24

traffic in enslaved persons;
25

(2) purchased, sold, or held enslaved persons for the
26

purposes of transferring them;

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(3) provided loans to others to facilitate the
2

purchase, sale, transport, or enslavement of enslaved
3

persons;
4

(4) used enslaved persons as collateral for insurance
5

policies, loans, or other transactions;
6

(5) facilitated the traffic in enslaved persons by
7

transporting such persons by boat or rail; or
8

(6) provided any other services to aid and abet the
9

traffic in enslaved persons.
10

"Predecessor entity" means an entity whose ownership,
11
title, and interest, including all rights, benefits, duties,
12
and liabilities were acquired in an uninterrupted chain of
13
succession by the entity.
14

"Profit" means any economic advantage or financial benefit
15
derived from the use of enslaved persons.
16

"Related party" means any parent entity, subsidiary, or
17
predecessor entity of the contractor or company.
18

"Slaveholder" means an individual holder of an enslaved
19
person or an owner of a company that held enslaved persons for
20
the purpose of labor, purchase, sale, or financing.
21

"Slavery era insurance" means slavery insurance policies,
22
including, but not limited to, policies issued to participants
23
for damage to or death of enslaved persons and policies issued
24
to insure business transactions and operations related to the
25
traffic in enslaved persons; evidence of the purchase and sale
26
of enslaved persons; provision of loans to purchase enslaved

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persons; or the use of enslaved persons as collateral for
2
insurance policies, loans, or other transactions.
3

"Slave trade" means: (1) all acts involved in the capture,
4
acquisition, or disposal of a person with the intent to reduce
5
that person to slavery; (2) all acts involved in the
6
acquisition of an enslaved person with a view to selling or
7
exchanging that enslaved person; and (3) all acts of disposal
8
by sale or exchange of an enslaved person, including acts
9
involved in the facilitation of these exchanges through the
10
provision of financial vehicles or insurance.

11

Section 10.
Purpose.
12

(a) Numerous American businesses across various
13
industries, including insurance, banking, tobacco, cotton,
14
sugar, railroads, and shipping, reaped substantial profits by
15
exploiting the uncompensated labor of enslaved persons.
16
Consequently, these businesses and the individuals managing
17
them directly profited from the labor of enslaved persons and
18
directly benefited from insurance policies that insured
19
enslaved persons. This intertwining of economic interests
20
highlights the extent to which the exploitation of enslaved
21
persons permeated the foundation of various American
22
industries. However, very few American industries and the
23
underlying businesses and individuals have adequately
24
acknowledged their connection to the Enslavement Era.
25

(b) The citizens of Illinois, including descendants of

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enslaved persons, are entitled to complete transparency
2
regarding any involvement or profits acquired through slavery
3
by companies seeking to conduct business in the State. This
4
disclosure is essential to ensure that the community is
5
informed about the historical connections and practices of the
6
companies operating within its jurisdiction, fostering a
7
culture of accountability and responsible business practices.
8

(c) This Act is a call to the companies that participated
9
in slaveholding and the slave trade to acknowledge and address
10
the enduring impacts of the Enslavement Era on our society,
11
and to promote responsible corporate citizenship. It is
12
essential for companies to recognize their historical
13
connections to the Enslavement Era and take responsibility for
14
any past actions that have contributed to the perpetuation of
15
inequities. By actively engaging in redress efforts,
16
corporations demonstrate their commitment to fostering a more
17
just and equitable society. Remedying the harms resulting from
18
the crimes and atrocities of the Enslavement Era is not only a
19
moral imperative and an international standard but also a
20
crucial step toward ensuring a cohesive and inclusive
21
community. This Act serves to facilitate corporate
22
transparency and accountability and to encourage the
23
implementation of concrete measures aimed at alleviating the
24
long-lasting adverse effects of the slave trade on descendants
25
of enslaved persons.
26

(d) The purpose of this Act is to:

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(1) promote the investigation of any participation in
2

slaveholding, the slave trade, or both by companies or
3

contractors that do business with the State;
4

(2) establish a system that (i) makes publicly
5

available full and accurate disclosure of company or
6

contractor records related to the participation in
7

slaveholding, the slave trade, or both, (ii) provides the
8

opportunity for public notice and comment before the State
9

contracts with companies or contractors that participated
10

in slaveholding or the slave trade, and (iii) requires
11

disclosure, to the extent applicable, of any records
12

indicating:
13

(A) whether the company or contractor was a party
14

to any insurance policy related to slaveholding;
15

(B) evidence of the purchase, sale, or lease of
16

enslaved persons by the company or contractor;
17

(C) evidence of the use by the company or
18

contractor of enslaved persons as collateral for
19

insurance policies, loans, or other transactions;
20

(D) evidence of the provision, or receipt, of
21

loans by the company or contractor to purchase
22

enslaved persons;
23

(E) evidence of insuring transactions for enslaved
24

persons; and
25

(F) any other company or contractor records
26

evidencing participation in slaveholding or

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participation in the slave trade;
2

(3) encourage corporate transparency and
3

accountability through the establishment of a process
4

pursuant to which the Office shall develop and fund
5

eligible redress projects to assist in redress efforts;
6

and
7

(4) establish a governance structure to monitor and
8

enforce the provisions of this Act.

9

Section 15.
Findings.
10

(a) Insurance policies from the Enslavement Era, which
11
have been discovered in the archives of several insurance
12
companies, document insurance coverage to slaveholders for
13
damage to or death of enslaved persons. In some cases,
14
existing insurance firms or their predecessor firms issued
15
these policies.
16

(b) Records may exist that show that various companies,
17
either directly or through their parent entities, subsidiaries
18
or predecessors in interest or otherwise, bought or sold
19
enslaved persons, used enslaved persons as collateral for
20
insurance policies or other transactions, provided loans to
21
purchase enslaved persons, insured those transactions, and
22
provided related or other services to aid and abet those
23
transactions.
24

(c) These insurance policies, loan documents, and other
25
documents and records provide evidence of ill-gotten profits

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from slavery. Slaveholders and those involved in the slave
2
trade, in turn, profited from the uncompensated labor of
3
enslaved persons, even if those profits have long since been
4
redistributed to shareholders. Industries that profited in
5
this manner include, but are not limited to, capitalized
6
insurers, financial service providers, textile companies,
7
tobacco companies, railroad companies, shipping companies, the
8
rice industry, the sugar industry, and entities in other
9
industries whose successors in interest remain in existence
10
today.
11

(d) The General Assembly finds and declares that the fact
12
that slavery was legal in certain parts of the United States at
13
the time that it occurred does not make the practice any less
14
repugnant, abhorrent, or deplorable, nor does it in any way
15
diminish the gravity of these wrongs or the importance of
16
rectifying and remediating these tragedies.
17

(e) Many Illinois residents are descendants of enslaved
18
persons and their ancestors were defined as property,
19
dehumanized, separated from their families, coerced into
20
performing labor without appropriate compensation or benefits,
21
and were assaulted and abused. Enslaved persons were treated
22
as chattel in every sense of the word, including being used as
23
collateral for insurance policies, loans, and other
24
transactions, and, in some instances, their ancestors' owners
25
were compensated for damages by insurers.
26

(f) Appropriate compensation to enslaved persons for their

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labor otherwise would have been bequeathed to their
2
descendants. As a result, companies and individuals who
3
profited from the labor of enslaved persons were unjustly
4
enriched.
5

(g) Residents of Illinois are entitled to the full
6
disclosure of any and all information regarding the
7
above-described transactions, and respect and recognition of
8
the dignity of the enslaved persons and their descendants
9
requires it.
10

(h) The General Assembly formally acknowledges the loss of
11
assets that rightfully should be the property of descendants
12
in the United States and extends its apologies to descendants
13
who continue to suffer the legacy of slavery.
14

(i) The General Assembly finds that full disclosure of the
15
facts and acknowledgment of the depth and scope of the
16
participation in slaveholding and the slave trade and public
17
hearings with respect thereto furthers the public interest by
18
recognizing the dignity of enslaved persons and descendants
19
and promotes healing in the State for enslaved persons,
20
descendants, and those who participated in slaveholding or the
21
slave trade.
22

(j) The General Assembly finds that public disclosure and
23
public hearings based on those disclosures will promote
24
knowledge of the nature and scope of the slaveholding and
25
slave trading activities in Illinois and thereby will promote
26
healing.

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(k) The State of Illinois finds that the establishment of
2
a fund, to which companies and contractors subject to this Act
3
shall make monetary contributions, will promote healing and
4
assist the State of Illinois in rectifying and remedying some
5
of the shameful legacies of slaveholding and the slave trade,
6
thereby protecting and promoting the dignity and welfare of
7
Illinois residents and the Illinois community.

8

Section 17.
Powers of the Administrator.
The Administrator
9
has the authority to take all actions necessary to implement
10
and enforce this Act, subject to the direction and oversight
11
of the Office.

12

Section 20.
Compliance.
13

(a) Each contractor that participates in a competitive
14
bidding process with the State of Illinois shall complete an
15
affidavit certifying that, to the knowledge of the contractor,
16
the contractor has reviewed the records that are in its
17
possession or control or which, following due inquiry, are
18
publicly available, including records of any related party,
19
for evidence of the contractor's or related party's
20
participation in slaveholding or the slave trade. If the
21
contractor or any related party to the contractor has
22
participated in slaveholding or the slave trade, the affidavit
23
shall, to the extent known to contractor, further disclose the
24
names and ages of each enslaved person and slaveholder

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described in the records or information, as well as the
2
evidence of transactions whereby the contractor, its parent
3
entities, subsidiaries, or predecessors entities benefited or
4
profited from participation in slaveholding or participation
5
in the slave trade.
6

Beginning 30 days after the effective date of this Act,
7
all contractors that participate in a competitive bidding
8
process with the State of Illinois shall submit a completed
9
affidavit to the Office by no later than 30 days before the
10
submission of the bid to contract with the State. If
11
additional time is needed for investigation or review, the
12
contractor shall submit a request for extension to the Office
13
no later than 30 days before the submission of the bid. The
14
request for extension shall provide an overview of the scope
15
and nature of the investigation or review and an explanation
16
of why additional time is needed to complete the disclosure.
17
The contractor shall provide updates regarding completion of
18
the affidavit to the Office every 30 days as necessary.
19
Notwithstanding the foregoing, the contractor shall submit a
20
completed affidavit no later than 90 days after the
21
contractor's submission of a bid.
22

(b) All records disclosed in each contractor's affidavit
23
shall be reviewed by the Administrator to determine whether
24
the contractor or any related party to the contractor
25
participated in slaveholding or the slave trade.
26

(c) The Administrator, after consultation with the Office,

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shall publish, within 90 days after submission of the
2
affidavit, a public report based on the disclosures in the
3
affidavit of each contractor that is found to have
4
participated in slaveholding or the slave trade. The report
5
shall summarize the nature of the contractor's or related
6
party's participation in slaveholding and the slave trade,
7
including all relevant information and records disclosed in
8
each contractor's affidavit.
9

(d) The Administrator, after consultation with the Office,
10
shall hold a public hearing to discuss the report within 45
11
days of its delivery to the Governor and General Assembly. The
12
Administrator shall make the report publicly available no
13
later than 10 business days before the scheduled date of the
14
public hearing. A representative for the contractor shall
15
attend the public hearing and answer any and all questions
16
from Illinois officials and members of the public. The public
17
hearing shall be held in an accessible public facility,
18
accommodate virtual participation, and be recorded and
19
published publicly.
20

(e) The Administrator shall provide notice of the public
21
hearing to the public no later than 7 business days before the
22
scheduled date of the public hearing and provide notice of the
23
public hearing to a representative of the contractor that is
24
the subject of the report no later than 10 business days before
25
the scheduled date of the public hearing.
26

(f) Following the public hearing, the Administrator shall

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provide annual reports regarding further findings or
2
disclosures on the part of any company or contractor found to
3
have participated in slaveholding and the slave trade, if any.
4

(g) Hard copies of the initial and each annual report
5
shall be maintained at all University of Illinois Campus
6
libraries and shall be made available for public inspection
7
upon request.
8

(h) A link to a webpage titled "Enslavement Disclosure and
9
Redress" shall be placed on the State of Illinois Internet
10
homepage. This Act, and all information pertaining to this
11
Act, including names of all contractors who participated in
12
slaveholding and the slave trade, affidavits, reports, public
13
hearings, contracts, and redress actions, shall be publicly
14
accessible through that link.

15

Section 25.
Redress Fund; eligible redress projects.
16

(a) The Redress Fund is hereby established as a special
17
fund in the State treasury. Moneys in the Fund shall be used by
18
the Administrator for the purposes described in this Section.
19
Moneys in the Fund shall be used for purposes, including, but
20
not limited to, providing educational support and support for
21
economic development in the economically depressed areas of
22
Illinois subjected to Jim Crow (apartheid) federal and State
23
actions, such as redlining, or where a significant proportion
24
of private property was seized or otherwise directly impacted
25
in relation to projects conducted under the auspices of United

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1
States Department of Housing and Urban Development grants for
2
urban renewal programs.
3

(b) The Administrator, after consultation with the Office,
4
shall prepare guidelines for the use of moneys in the Fund and
5
present those guidelines to the Illinois Legislative Black
6
Caucus for approval no later than April 30, 2026. Thereafter,
7
the Administrator shall make funding decisions in accordance
8
with the guidelines and provide an annual report to the Office
9
identifying the recipients of funds and the amount of funds
10
contributed to each recipient.
11

(c) Each contractor who has disclosed participation in
12
slaveholding or the slave trade shall provide the State of
13
Illinois with a statement of financial redress at the time of
14
submitting its bid. The statement of redress shall include a
15
description of any amounts committed to the Redress Fund to
16
date or programs developed or funded, or to be developed or
17
funded, by the contractor.
18

(d) The contractor shall provide its financial
19
contributions to the Redress Fund within 30 days after the
20
effective date of its contract.
21

(e) The Administrator, after consultation with the Office
22
and the State Treasurer, shall monitor all contractors that
23
are subject to this Act in submitting their statements of
24
redress. The Administrator, after consultation with the Office
25
and the State Treasurer, shall prepare a report on
26
contributions to and expenditures from the Redress Fund and

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each project funded by this Act, including the name of each
2
project, the cost of each project, the goal of each project,
3
and the authorized redress entities carrying out each project.
4
The report shall be submitted to the Governor, the General
5
Assembly, and the public as required under this Act.

6

Section 30.
Administration.
The Administrator, after
7
consultation with the Office, shall:
8

(1) adopt rules to implement this Act within 60 days
9

after the effective date of this Act;
10

(2) develop a form disclosure statement and affidavit
11

within 60 days after the effective date of this Act;
12

(3) adopt rules that specify the form and content of
13

the report required in instances where a company or
14

contractor has participated in slaveholding or the slave
15

trade;
16

(4) administer the requirements of this Act and
17

monitor compliance through the Administrator, including
18

investigation of alleged violations;
19

(5) publish and make open for public review annual
20

reports detailing the compliance and noncompliance of
21

relevant companies or contractors; and
22

(6) hold at least one public hearing each year to
23

discuss implementation efforts, annual reports, materials
24

generated by compliance with this Act, and other relevant
25

matters.

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Section 35.
Enforcement.
2

(a) Failure to comply with the requirements of this Act
3
shall result in the following sanctions:
4

(1) Any contractor who fails to submit the required
5

affidavit within the specified timeframe shall be debarred
6

from participation in the then current bid with the State
7

of Illinois.
8

(2) Any contractor who willfully or negligently
9

submits a false affidavit or other statement, or neglects
10

to submit the required disclosure, shall be debarred from
11

participation in the then current bid with the State of
12

Illinois.
13

(3) The State of Illinois reserves the right to debar
14

the contractor from participation in the then current bid
15

by providing notice of termination to any contractor after
16

discovering the deficiency in the contractor's disclosure.
17

Notwithstanding the foregoing, a contractor may cure any
18

false or materially false statement, or misstatement by
19

submitting an amended disclosure within 30 days of receipt
20

of the notice of debarment of the contractor. Failure to
21

cure any false or materially false statements within the
22

specified timeframe shall result in the contractor's
23

debarment from participating in the current bid with the
24

State of Illinois and termination of the contractor's
25

contract with the State of Illinois no later than 60 days

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1

after such failure to cure.
2

(4) Any contractor who fails to contribute to the
3

Redress Fund within the specified timeframe shall be
4

subject to automatic termination of its contract with the
5

State of Illinois, provided that the contractor receives
6

notice from the State of Illinois of termination after
7

discovering the contractor's failure to contribute to the
8

Redress Fund. Notwithstanding the foregoing, a contractor
9

may cure such failure to contribute by making the
10

committed contribution to the Redress Fund within 30 days
11

of receipt of the notice of termination of the contract.
12

(5) The following parties may bring an action under
13

this Act against a company or contractor subject to this
14

Act to enforce its provisions:
15

(A) the Office; and
16

(B) any Illinois resident.
17

(b) Relief under this Act shall include, but shall not be
18
limited to, an injunction to mandate the necessary disclosure
19
required under this Act or to correct any misstatement, as
20
well as reasonable attorney's fees and costs. All or a portion
21
of any damages awarded shall be payable to the Redress Fund.

22

Section 97.
Severability.
The provisions of this Act are
23
severable under Section 1.31 of the Statute on Statutes.

24

Section 900.
The Illinois Administrative Procedure Act is

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LRB104 05739 HLH 15769 b
1
amended by adding Section 5-45.62 as follows:

2

(5 ILCS 100/5-45.62 new)
3

Sec. 5-45.62.
Emergency rulemaking; Enslavement Era
4
Disclosure and Redress Act.
To provide for the expeditious and
5
timely implementation of the Enslavement Era Disclosure and
6
Redress Act, emergency rules implementing the Enslavement Era
7
Disclosure and Redress Act may be adopted in accordance with
8
Section 5-45 by the Illinois Office of Equity. The adoption of
9
emergency rules authorized by Section 5-45 and this Section is
10
deemed to be necessary for the public interest, safety, and
11
welfare.
12

This Section is repealed one year after the effective date
13
of this amendatory Act of the 104th General Assembly.

14

Section 905.
The State Finance Act is amended by adding
15
Section 5.1030 as follows:

16

(30 ILCS 105/5.1030 new)
17

Sec. 5.1030.
The Redress Fund.

18

Section 999.
Effective date.
This Act takes effect upon
19
becoming law.

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