BILL ANALYSIS Ó AB 1850 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1850 (Eduardo Garcia) - As Amended April 7, 2016 ----------------------------------------------------------------- |Policy |Education |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | |Judiciary | |10 - 0 | | | | | | | | | | | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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