BILL NUMBER: ACR 42 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2009
INTRODUCED BY Assembly Members Fong
and Hill Member
Fong
( Coauthor:
Assembly Member Jones )
FEBRUARY 27, 2009
Relative to homelessness Chinese Americans
in California .
LEGISLATIVE COUNSEL'S DIGEST
ACR 42, as amended, Fong. Joint Committee on Homelessness
Chinese Americans in California.
This measure would acknowledge the history of the Chinese in
California, recognize the contributions made to the State of
California by Chinese Americans and Chinese immigrants, and express
regret for past discriminatory laws and constitutional provisions
which resulted in the persecution of Chinese living in California.
This measure would establish the Joint Committee on Homelessness
in California, to study and investigate issues relating to
homelessness, which would consist of 5 Assembly Members appointed by
the Speaker of the Assembly and 5 Senators appointed by the Senate
Committee on Rules. The measure would prescribe the duties and powers
of the committee, and would authorize the committee to act until
November 30, 2010.
Fiscal committee: no.
WHEREAS, The California gold rush triggered one of the
largest mass migrations in world history that captured global
imagination as the destination for wealth and opportunity. That
global migration made California one of the world's most diverse
states which would serve as the foundation for its economic,
academic, and cultural growth in the 20th century; and
WHEREAS, The California gold rush paved the way in funding
and manpower for the creation and building of the western leg of the
transcontinental railroad. The transcontinental railroad was
considered the greatest American technological feat of the 19th
century, was a dream of Abraham Lincoln's, and was what many
considered the most important aspect in strengthening the position of
the United States in the international spotlight. The track served
as a vital link for trade, commerce, and travel by joining east and
west, further transforming the population and economy of California;
and
WHEREAS, The Central Pacific portion of the transcontinental
railroad recruited the Chinese in America and later tens of thousands
of Chinese immigrants as a source of labor. Chinese in America and
Chinese immigrants were paid less than their white counterparts and
slept in tents while white laborers were provided both food and
shelter. The Chinese laborers worked under grueling and treacherous
conditions in order to lay thousands of miles of track. On May 10,
1868, alone, Chinese workers laid 10 miles of track in less than 12
hours in order to complete the last leg of the railroad. Without the
tremendous efforts and contributions of the Chinese in building the
transcontinental railroad, the development and progress of our nation
and California would have been delayed by years; and
WHEREAS, Once the transcontinental railroad was complete,
Chinese in California transitioned to other types of employment,
making considerable contributions to the progress and growth of our
state. Chinese in California built ships for fishing along our coast
and developed the abalone and shrimp industries. In the Delta and the
central valley, the Chinese in California helped to recover the tule
swamps, to build irrigation systems, and to harvest various fruits
and vegetables for California's agriculture industry; and
WHEREAS, The Legislature enacted discriminatory laws
targeting Chinese in America and Chinese immigrants in order to
discourage further immigration from China and sought to severely
limit the success of the Chinese laborers already here; and
WHEREAS, Among other things, these laws denied the Chinese in
California the right to own land or property, the right to vote, and
the right to marry a white person, denied children of Chinese
descent access to public schools, denied Chinese immigrants the right
to bear arms, unfairly targeted women of Chinese descent by imposing
special requirements in order for them to be allowed to immigrate
into the state, authorized the removal of Chinese immigrants to
outside town and city limits, denied Chinese laborers employment in
public works projects and through state agencies, prohibited the
issuance of licenses to Chinese in California, denied Chinese in
California the right to fish in California's waters, and unduly taxed
Chinese businesses and individuals who employed Chinese laborers;
and
WHEREAS, Chinese in California were denied the right to
testify as a witness in any action or proceeding in which a white
person was a party, pursuant to a state law which was upheld in
People v. Hall (1854) 4 Cal. 399. As a result of the decision to
place Chinese in California outside of the protection of the law,
many Chinese in California were left extremely vulnerable to violence
and abuse; and
WHEREAS, Chinese in California faced further discrimination
under local ordinances which targeted traditional Chinese culture and
customs. Laws were enacted forcing Chinese men in San Francisco to
cut off their traditional queues, banning the Chinese traditional
style of transporting fruits and vegetables, unjustly raising taxes
on Chinese-owned laundromats, targeting the Chinese custom of
disinterring the remains of their deceased to send back to China for
proper burial, and forcing the Chinese in San Francisco to live
within an area that was considered unsanitary and unsafe to ordinary
individuals. These laws were enacted in order to impose shame and
humiliation on Chinese Americans and Chinese immigrants; and
WHEREAS, California lobbied Congress for years to strictly
prohibit immigration from China, and in 1882, was successful in
convincing Congress to enact the Chinese Exclusion Act, the first
federal law ever passed excluding a group of immigrants solely on the
basis of race or nationality. The Chinese Exclusion Act set the
precedent for racist foreign and national policy that led to broader
exclusion laws and fostered an environment of racism that quickly led
to the Jim Crow laws of the 1880s and further segregation
legislation that would tear our nation apart through most of the 20th
century; and
WHEREAS, Paradoxically, the very same year that the Chinese
Exclusion Act was passed, financing abroad was completed for the
Statue of Liberty. The Statue of Liberty is a sign of freedom and
democracy and was built and presented to the United States at the
same time that Chinese Americans and Chinese immigrants were being
denied freedom and democracy. The Statue of Liberty is our nation's
great symbol of hope and justice for all who live, and all who wish
to live, in the United States of America. While the Statue of Liberty
was being built, legislators were contradicting those very ideals by
discriminating against Chinese immigrants and lobbying Congress to
do the same; and
WHEREAS, The Chinese Exclusion Act, which originally expired
in 1892, was extended by Congress for 10 years in the form of the
Geary Act and made permanent in 1902. It remained in effect until it
was repealed in 1943 as a result of the alliance forged between China
and the United States during World War II. The Chinese were once
again allowed to immigrate to the United States, and shortly
thereafter California's Angel Island ceased to be used as a
detainment center for Chinese immigrants; and
WHEREAS, Former Article XIX of the California Constitution,
which was adopted in 1879 and unfairly targeted and discriminated
against Chinese living in California, remained in effect for 73 years
until it was repealed in 1952; and
WHEREAS, Despite decades of systematic, pervasive, and
sustained discrimination, Chinese living in California persevered and
went on to make significant contributions to the growth and success
of our state; and
WHEREAS, Today, Californians of Chinese descent occupy
leading roles in politics, business, and academia. Currently there
are 10 Chinese Americans serving in California's constitutional and
statewide offices. Jerry Yang, former CEO of Yahoo! Inc., is a
California resident. University of California, San Diego, Professor
Roger Y. Tsien was awarded the 2008 Nobel Prize in chemistry for his
discovery and development of the green fluorescent protein. And this
year, California resident Steven Chu, former President of California'
s Lawrence Livermore National Laboratory and a Nobel Prize winner in
Physics, was appointed by President Obama and sworn in as the
Secretary of Energy. The contributions of Chinese Americans to the
State of California are vast and irreplaceable. They have played a
central role in turning California's university system, technology
industry, businesses, and agriculture into a world power; now,
therefore, be it
Resolved by the Assembly of the State of California, the
Senate thereof concurring, That diversity is one of our state's
greatest strengths, enabling California to thrive economically,
agriculturally, technologically, academically, and politically at an
international level. Our great state has relied on immigrants of all
backgrounds to build our infrastructure, and integrating them into
our society not only helps them prosper, but helps California prosper
as well; and be it further
Resolved, That while this nation was founded on the principle
that all men are created equal, and while we pay tribute to the
great American creed "give me your tired, your poor, your huddled
masses yearning to breathe free" which stands at the base of America'
s Statue of Liberty, a symbol of hope for all who live, and all who
wish to live, in the United States of America, we recognize that the
practices of our state and its government have not always honored
that promise. Ours is a state with an imperfect history where
intolerance spurred the enactment of unjust discriminatory laws that
have too often denied minority groups access to the promise of
America, that all men are created equal. Today that struggle
continues, and learning from our past will help enable us to travel
further down the path toward building a more perfect Union; and be it
further
Resolved, That the Legislature deeply regrets the enactment
of past discriminatory laws and constitutional provisions which
resulted in the persecution of Chinese living in California, which
forced them to live in fear of unjust prosecutions on baseless
charges, and which unfairly prevented them from earning a living. The
Legislature regrets these acts and reaffirms its commitment to
preserving the rights of all people and celebrating the contributions
that all immigrants have made to this state and nation; and be it
further
Resolved, That the Chief Clerk of the Assembly transmit
copies of this resolution to the author for appropriate distribution.
WHEREAS, Homelessness is one of the most pervasive issues facing
our country and California today; and
WHEREAS, Widespread homelessness was not evident until the 1980s;
and
WHEREAS, For many years of our Nation's history the great majority
of our residents had permanent housing regardless of income, age, or
disability; and
WHEREAS, There are renewed efforts by the federal government and
many cities and counties to adopt plans to end chronic homelessness;
and
WHEREAS, In 2005, The National Alliance to End Homelessness
estimated that 744,313 people were without permanent housing in the
United States; and
WHEREAS, Today approximately 170,270 Californians are without a
home; and
WHEREAS, It is estimated that there are 80,000 to 95,000 homeless
children in California; and
WHEREAS, The vast majority of homeless families consist of a
single mother and her children; and
WHEREAS, Nearly 23 percent of homeless adults are veterans, and
many more veterans who live in poverty are at risk of becoming
homeless; and
WHEREAS, California has the highest average rate of homelessness
in the country; and
WHEREAS, Rising rents, rapidly declining numbers of low-income
rental units, and declining availability of federal housing programs
contribute to homelessness; and
WHEREAS, Forty percent of people living in homelessness are former
foster children, according to the Children's Advocacy Institute; and
WHEREAS, Inequality between the classes has been growing more in
California than in the Nation as a whole, and the increasing gap
between the rich and the poor is due more to deteriorating incomes
among the poor than to rising incomes at the top of the income
distribution; and
WHEREAS, The majority of the homeless are men unattached to other
family members; and
WHEREAS, A large proportion of the homeless has spent some time in
jail or prison; and
WHEREAS, The homeless population suffers disproportionately from
mental illness, drug and alcohol addiction, and extreme social
isolation; and
WHEREAS, The deinstitutionalization of the mentally ill, drug and
alcohol addiction, and the cost of housing contribute to
homelessness; and
WHEREAS, More than 200 communities across the country have begun
to plan to end homelessness with federal funding support; now,
therefore, be it
Resolved by the Assembly of the State of California, the Senate
thereof concurring, That the Joint Committee on Homelessness in
California is hereby established; and be it further
Resolved, That the Joint Committee on Homelessness in California
shall consist of 10 members, who shall include five Assembly Members
appointed by the Speaker of the Assembly and five Senators appointed
by the Senate Committee on Rules; and be it further
Resolved, That the joint committee and its members shall have and
exercise all of the rights, duties, and powers conferred upon
investigating committees and their members by the Joint Rules of the
Senate and Assembly as those rules are adopted and amended from time
to time, which provisions are incorporated herein and made applicable
to the committee and its members; and be it further
Resolved, That the Joint Committee on Homelessness in California
shall study and investigate issues including, but not limited to, the
training of law enforcement agencies regarding homelessness,
education efforts on identifying homeless population and the
coordination among programs serving the homeless, the development of
appropriate housing services, and obtaining better data regarding the
number of homeless; and be it further
Resolved, That the Joint Committee on Homelessness in California
shall submit a report to the Legislature on September 30, 2010,
including its findings and recommendations; and be it further
Resolved, That the Joint Committee on Homelessness in California
is authorized to act until November 30, 2010.