BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1850|
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CONSENT
Bill No: AB 1850
Author: Eduardo Garcia (D), et al.
Amended: 5/2/16 in Assembly
Vote: 21
SENATE EDUCATION COMMITTEE: 9-0, 6/8/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,
Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for
vote
SUBJECT: Educational services: permanent residents: foreign
nationals
SOURCE: Author
DIGEST: This bill replaces the term "illegal aliens" with the
term "undocumented foreign nationals," deletes the word
"illegal" from any reference to "aliens," replaces references to
"aliens" and "immigrants" with the terms "permanent residents"
and "foreign nationals," and makes certain of its provisions
contingent upon the enactment of related federal law, as
specified.
ANALYSIS:
Existing law:
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1)Makes findings and declarations relative to the federal
Immigration Reform and Control Act of 1986 (Public Law 99-603)
(Act), including stating that as many as 1,700,000 illegal
aliens could be granted amnesty and would seek permanent
residency in California under the Act. Existing law further
declares the Legislature's intent to establish a state test
for use by eligible aliens to attest to their understanding of
English and understanding of the history and government of the
United States, to meet the requirements of the Act.
(Education Code § 32400)
2)Uses the word "alien" or "resident alien" in several sections
of the Education Code, including sections pertaining to the
internment of Japanese Americans during World War II, adult
education, Immigrant Workforce Act, and postsecondary
residency and non-resident tuition provisions. (EC § 13000, §
52613, § 52651, § 68062, § 68130.5, and § 9505)
This bill:
1)Replaces the term "resident aliens" with "permanent residents"
in provisions of the Education Code relative to the internment
of persons of Japanese ancestry during World War II.
2)Replaces the term "illegal aliens" with the term "undocumented
foreign nationals" and delete's the word "illegal" from any
reference to "aliens" throughout the Education Code.
3)Replaces the terms "alien" and "immigrant" with "foreign
national" in Adult Education, Immigrant Workforce Act, and
postsecondary residency and non-resident tuition provisions of
the Education Code.
4)Provides that specified provisions of the bill that reference
federal law are operative only upon notification of the
Secretary of State by the State Superintendent of Public
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Instruction, by January 20, 2017 of the enactment of specified
federal law.
5)Makes other technical changes.
Comments
1)Need for the bill. According to the author, the statutory use
of the term "illegal alien" to describe a person who is not a
citizen or national in the United States is derogatory and
antiquated. This bill removes the term "illegal alien" from
various sections of the Education Code, and replaces it with
the term "foreign national," or other more appropriate terms,
depending on the context. This bill also recognizes the need
for state terminology to parallel federal definitions, and
makes many of its provisions contingent on conforming changes
in federal law.
2)Related federal legislation. Legislation pending in Congress,
"Correcting Hurtful and Alienating Names in Government
Expression (CHANGE) Act" (H.R. 3785, Castro) would
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
would replace the term "alien" with "foreign national," and
"illegal alien" with "undocumented foreign national."
This bill conditions replacement of these same terms in
federally related provisions of the Education Code upon
certification by the Superintendent of Public Instruction to
the Secretary of State of California that this terminology has
been changed in federal law.
FISCAL EFFECT: Appropriation: No Fiscal
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Com.:YesLocal: No
SUPPORT: (Verified 6/22/16)
California Teachers Association
OPPOSITION: (Verified6/22/16)
None received
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by:Kathleen Chavira / ED. / (916) 651-4105
6/22/16 15:14:58
**** END ****
AB 1850
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