BILL ANALYSIS ACR 42 Page 1 ASSEMBLY THIRD READING ACR 42 (Fong) As Amended June 3, 2009 Majority vote JUDICIARY 9-0 ----------------------------------------------------------------- |Ayes:|Feuer, Tran, Brownley, | | | | |Evans, Jones, Krekorian, | | | | |Lieu, Monning, Silva | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Apologizes for the enactment of past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese persons living in California in the 19th and 20th centuries. Specifically, this resolution : 1)Describes the contributions of Chinese immigrants who, despite being paid less than their white counterparts for the same labor, worked under grueling conditions to build thousands of miles of the transcontinental railroad in the mid-1900s, thereby connecting California to the rest of the country and furthering its progress and development. 2)Describes the contributions of Chinese in California, after the completion of the railroad, to the development of agricultural and fishing industries in California. 3)States that the Legislature enacted discriminatory laws targeting Chinese persons that sought to discourage further immigration from China and to severely limit the success of Chinese laborers already present in this state, including laws that denied Chinese in California the right to own land or property, the right to vote, the right to intermarry with whites, and the right to work in the public sector, and the right to testify in court in any action where a white person was a party, among other things. 4)States that the Chinese in California faced further discrimination under local ordinances which targeted their traditional culture and customs. ACR 42 Page 2 5)States California's role in convincing Congress to enact the Chinese Exclusion Act in 1882, the first federal law ever passed excluding a group of immigrants solely on the basis of race or nationality, which remained in effect until its repeal in 1943. 6)States that in 1879, California adopted Article XIX of the state Constitution, which unfairly targeted and discriminated against Chinese living in California and remained in effect until its repeal in 1952. 7)Memorializes 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 caused them to live in fear and unfairly prevented them from earning a living. 8)Memorializes that the Legislature reaffirms its commitment to preserve the rights of all people and celebrate the contributions that all immigrants have made to this state and the Nation. EXISTING LAW , Article 1, Section 1 of the California Constitution, provides that all people are by nature free and independent and have inalienable rights, including enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. Furthermore, existing state law, the Unruh Civil Rights Act, provides that all persons within the jurisdiction of this state are free and equal, and specifically prohibits discrimination based on sex, race, color, religion, ancestry, national origin, disability, medical condition, marital status, or sexual orientation with respect to accommodations, advantages, facilities, privileges, or services in all business establishments of every kind. FISCAL EFFECT : None COMMENTS : This resolution apologizes for the enactment of past discriminatory laws and constitutional provisions which resulted in the persecution of Chinese persons living in California in the 19th and 20th centuries. In support, the author writes: Instead of expressing gratitude and appreciation for ACR 42 Page 3 the contributions Chinese in California made to our state [in the mid-1800's], legislators preyed upon economic and xenophobic fears of Californians. They enacted a vast number of discriminatory laws that targeted Chinese in California and incoming Chinese immigrants. [Citing numerous examples.] Learning from our past and acknowledging the travesties of justice in our history will help enable us to travel further down the path towards building a stronger state. This resolution seeks to recognize this fact by paying tribute to the significant contributions that Chinese in California made to our state despite the pervasive and sustained discrimination made against them by the State of California. In 1879, California amended its Constitution to adopt Article XIX, titled "Legislature to Protect State From Certain Aliens", which in Section 1 read, in part: The Legislature shall prescribe all necessary regulations for the protection of the State . . . from the burdens and evils arising from the presence of aliens, who are, or may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and from aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State. According to materials provided by the author, Article XIX targeted Chinese immigrants and had the effect of denying Chinese the right to own or acquire property, the right to own a firearm, the right to be employed by a corporation, and the right of employment in public work. Article XIX also declared that "foreigners unable to become citizens" (meaning Chinese, who Congress specifically denied citizenship with passage of the Chinese Exclusion Act of 1882) were "dangerous or detrimental to the well-being of the State." Article XIX remained in effect for 73 years until it was finally repealed in 1952. ACR 42 Page 4 According to materials cited by the author, prominent California politicians were active leaders in the Chinese exclusion movement and lobbied Congress for years to prohibit immigration from China. In 1882, Congress passed the Chinese Exclusion Act (ACT), the first United States (U.S.) law to restrict immigration and naturalization for a specific ethnic group. The Act outlawed all Chinese immigration to the U.S. and denied citizenship to those Chinese already settled in the country. By outlawing all new immigration, the Act effectively prevented thousands of Chinese men already living in the U.S. from reuniting with their wives and children who they had left behind in China when they came to this country to work. According to historian Andrew Gyory, the Chinese Exclusion Act "reversed not only American policy, but also American tradition, changing forever the nation's image of itself as a beacon of hope, a refuge for the poor and the oppressed the world over." In his view, the Chinese Exclusion Act not only "legitimiz[ed] racism as national policy" but set a precedent for broader exclusion laws and "fostered an atmosphere of hostility towards foreigners that would endure for generations." (Andrew Gyory, Closing the Gate: Race Politics and the Chinese Exclusion Act . Chapel Hill: 1998, pp.1-3.) The ban on Chinese immigration was extended indefinitely in 1902, and was not repealed until 1943 when Congress passed the Magnuson Act. Although Chinese Americans then became eligible for naturalization, Congress initially limited this number to only 105 Chinese immigrants per year. (Asian Law Journal, December 2000.) The resolution notes that Californians of Chinese descent now occupy leading roles in politics, business and academia, including 10 Chinese Americans serving in constitutional and statewide offices in California. The author believes that "diversity is one of our state's greatest assets" and that "integrating [immigrants] into our society not only helps them prosper, but helps California prosper as well." Thus, in addition to seeking an apology for the enactment of past laws discriminating against Chinese, the resolution importantly memorializes that the Legislature "reaffirms its commitment to preserving the rights of all people and celebrating the contributions that all immigrants have made ACR 42 Page 5 to this state and nation." Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334 FN: 0001561