BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       AB 1850|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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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


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