BILL ANALYSIS Ó
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THIRD READING
Bill No: SJR 23
Author: Huff (R)
Amended: As introduced
Vote: 21
SUBJECT : Chinese Americans in California
SOURCE : Chinese American Citizens Alliance Greater San
Gabriel Valley
Lodge
DIGEST : This resolution acknowledges the history of the
Chinese in California, recognizes the contributions made to the
State of California by Chinese Americans and Chinese immigrants;
apologizes for past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese people
living in California; and requests Congress to adopt resolutions
of apology to the Chinese American community for enactment of
the Chinese Exclusion Laws.
ANALYSIS : This resolution makes the following legislative
findings:
1.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
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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.
2.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.
3.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.
4.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.
5.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.
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6.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.
7.Today, Californians of Chinese descent occupy leading roles in
politics, business, and academia. 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.
This resolution apologizes to the Chinese people for 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. Reaffirms the Legislature's
commitment to preserving the rights of all people and
celebrating the contributions that all immigrants have made to
this state and nation, and requests Congress to adopt
resolutions of apology to the Chinese American community for the
enactment of the Chinese Exclusion Laws.
Prior Legislation
ACR 42 (Fong & De Leon, Resolution Chapter 79, Statutes of 2009)
expressed the Legislature's regret for enactment of past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese living in California, and affirmed
its commitment to preserving the rights of all people and
celebrated the contributions that all immigrants have made to
the state and nation. Most of the language from ACR 42 is
identical to SJR 23. Unlike ACR 42 though, SJR 23 excludes
language relating to individual contributions of specific
Californians who are Chinese or of Chinese descent, and
apologizes, rather than expresses regret, for the state's
treatment of Chinese Americans and Chinese immigrants.
SR 201 (Senator Dianne Feinstein et al., 2011) stated that the
Senate acknowledged that the framework of anti-Chinese
legislation, including the Chinese Exclusion Act, is
incompatible with the basic founding principles of equality
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recognized in the Declaration of Independence and that it
regretted passing six decades of legislation targeting the
Chinese people for physical and political exclusion.
HR 683 (Rep. Judy Chu, 2012), expressed regret for the passage
of legislation that adversely affected people of Chinese origin
in the United States because of their ethnicity. It also
enumerated House of Representatives passed legislation and other
government policies that adversely affected Chinese persons in
the United States.
FISCAL EFFECT : Fiscal Com.: No
SUPPORT : (Verified 4/23/14)
Chinese American Citizens Alliance - Greater San Gabriel Valley
Lodge (source)
American and Chinese World War II Memorial Monument Association
ARGUMENTS IN SUPPORT : The resolution's sponsor states,
"Standard dictionaries distinguish major differences between
'regret' and 'apology.' Those differences are also reflected in
many historical international negotiations and dialogs. The
recognition by the California Legislature and Congress that an
apology is the appropriate action to be taken in redressing
prior legitimized discrimination is demonstrated by their
issuances of apologies for prior similar actions."
"California has issued apologies to United States citizens and
legal residents of Mexico (2005), and Italians (2010),
Filipino-Americans (2011) and Japanese Americans (2013).
Congress has issued apologies to Japanese-Americans (1988),
Native Hawaiians (1993), African Americans (2009, 2009) and
Native Americans (2010)."
AL:nl 4/30/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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