BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          ACR 42 (Fong)
          As Amended June 3, 2009
          Majority vote 

           JUDICIARY           9-0                                         
           
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          |Ayes:|Feuer, Tran, Brownley,    |     |                          |
          |     |Evans, Jones, Krekorian,  |     |                          |
          |     |Lieu, Monning, Silva      |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           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.









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          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  








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               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.









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          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  








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          to this state and nation."  

           
          Analysis Prepared by  :   Anthony Lew / JUD. / (916) 319-2334 

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