BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SJR 23| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 CONTINUED SJR 23 Page 2 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. CONTINUED SJR 23 Page 3 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 CONTINUED SJR 23 Page 4 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 **** END **** CONTINUED SJR 23 Page 5 CONTINUED