BILL ANALYSIS Ó
SCR 122
Page 1
SENATE THIRD READING
SCR 122 (De León, et al.)
As Introduced May 20, 2014
Majority vote
SENATE VOTE :32-0
JUDICIARY 9-0
-----------------------------------------------------------------
|Ayes:|Wieckowski, Wagner, | | |
| |Alejo, Chau, Dickinson, | | |
| |Garcia, Maienschein, | | |
| |Muratsuchi, Stone | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : States the Legislature's formal apology for the
enactment of past discriminatory laws and constitutional
provisions that 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-1900's,
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
SCR 122
Page 2
discrimination under local ordinances which targeted their
traditional culture and customs.
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
California 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 apologizes for the enactment
of past discriminatory laws and constitutional provisions that
resulted in the persecution of Chinese living in California
which forced 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.
FISCAL EFFECT : None
COMMENTS : This resolution states a formal apology by the
Legislature 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. The author writes:
It is important to pay tribute to the contributions of
Chinese immigrants in California, most notably their
work on the Transcontinental Railroad - considered by
many to be the greatest technological American feat of
the 19th century. It is also important to remember
and acknowledge California's troubled past of ethnic
and racial discrimination. Chinese in California were
once denied the right to own property, the right to
work in the public sector, the right to testify in
court. The State Legislature and local governments
burdened this population with unjust taxes, limited
SCR 122
Page 3
their right to marry, targeted the Chinese culture,
and sought to prevent Chinese in California from
incorporating into society.
SCR 122 recognizes several significant contributions
that Chinese Americans and immigrants have made
throughout California's history, and it acknowledges
and apologizes for the state's past discriminatory
laws and constitutional provisions.
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 proponents, California Constitution 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. California Constitution
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."
California Constitution Article XIX remained in effect for 73
years until it was finally repealed in 1952.
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 United States and denied
citizenship to those Chinese already settled in the country. By
outlawing all new immigration, the Act effectively prevented
SCR 122
Page 4
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
historical accounts, some prominent California politicians were
active leaders in the Chinese exclusion movement and lobbied
Congress for years to prohibit immigration from China.
According to historian Andrew Gyory, the 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.)
This resolution notes that Californians of Chinese descent now
occupy leading roles in politics, business and academia, and
have played a central role in turning the state's university
system, technology industry, businesses and agriculture into a
world power. 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
to this state and nation."
Analysis Prepared by : Anthony Lew / JUD. / (916) 319-2334
FN: 0004567
SCR 122
Page 5