BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1850


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          Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1850 (Eduardo Garcia) - As Amended April 7, 2016


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          |Policy       |Education                      |Vote:|7 - 0        |
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          |             |Judiciary                      |     |10 - 0       |
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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill deletes the word "illegal" from the descriptor  
          "illegal alien" in legislative findings and declarations related  
          to the federal Immigration Reform and Control Act of 1986, and  
          replaces the word "alien" with the term "foreign national" in  
          these provisions, subject to a terminology change in federal  
          law.  Specifically, this bill:  










                                                                    AB 1850


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          1)Makes certain changes operative only if the Superintendent of  
            Public Instruction (SPI) certifies, in writing, to the  
            Secretary of State of California on or before January 20,  
            2017, that House Resolution 3785 of the 114th United States  
            Congress, or an equivalent measure, has been enacted and the  
            Correcting Hurtful and Alienating Names in Government  
            Expression (CHANGE) Act has become law.


          FISCAL EFFECT:


          No significant state fiscal effect. 


          COMMENTS:


          1)Purpose. According to the author, current law uses the term  
            "illegal alien" to describe a person who is not a citizen or  
            national in the United States.  This language is derogatory  
            and antiquated. This bill seeks to remove and replace "illegal  
            alien" with the term "foreign national."  This would complete  
            the effort made by the legislature to completely remove the  
            term "illegal aliens" from the California code and to move  
            society forward away from this term.  


          2)Pending federal legislation. Legislation pending in Congress,  
            titled the "Correcting Hurtful and Alienating Names in  
            Government Expression (CHANGE) Act" (H.R.3785, Castro)  
            proposes to prohibit an executive agency from using "alien"  
            and "illegal alien" in any rule, regulation, interpretation,  
            publication, other document, display, or sign issued by the  
            agency, and replace the term "alien" with "foreign national,"  
            and "illegal alien" with "undocumented foreign national." 


            This bill replaces the word "alien" with the term "foreign  








                                                                    AB 1850


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            national" in specified provisions of the Education Code only  
            if the SPI certifies to the Secretary of State of California  
            that this terminology has been changed in federal law.  For  
            purposes of consistency, these specified provisions, because  
            of their relation to the federal Immigration Reform and  
            Control Act of 1986, are thought best to leave unaltered  
            unless identical changes are also enacted in the federal  
            statutes.  


          3)Prior related legislation. AB 432 (Mendoza), Chapter 160,  
            Statutes of 2015 repealed two statutes using the term "alien"  
            in the Labor Code. 


          Analysis Prepared by:Misty Feusahrens / APPR. / (916)  
          319-2081