BILL ANALYSIS Ó
SCR 94
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Date of Hearing: June 8, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
SCR
94 (Pan) - As Amended May 3, 2016
PROPOSED CONSENT (As Proposed to be Amended)
SENATE VOTE: 38-0
SUBJECT: IMMIGRANTS: DAY OF INCLUSION
KEY ISSUE: SHOULD THE LEGISLATURE ACKNOWLEDGE DECEMBER 17 EACH
YEAR AS AN ANNUAL "DAY OF INCLUSION" IN RECOGNITION AND
APPRECIATION OF THE CONTRIBUTIONS OF ALL IMMIGRANTS TO THE
GREATNESS OF THE UNITED STATES AND CALIFORNIA?
SYNOPSIS
This noncontroversial resolution seeks to acknowledge December
17th of each year as an annual "Day of Inclusion" in recognition
and appreciation of the contributions of all immigrants to this
state and country. The resolution notes several examples of
federal and state legislation since the late 19th century that
were intended to perpetuate discrimination and unequal treatment
of immigrants. The Chinese Exclusion Act of 1882 is of
particular significance because it was the first major law to
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single out and forbid immigration of a specific ethnic group to
the United States. The resolution states that members of all
immigrant groups share certain commonalities, including the
opportunity to better their lives through diligence and hard
work, as well as the experience of prejudice and discrimination.
December 17th, which marks the anniversary of the repeal of the
Chinese Exclusion Act of 1882 on that date in 1943, has been
designated as a "Day of Inclusion" because the repeal of that
Act signified a positive turning point in U.S. history with
respect to societal attitudes and treatment of immigrants. This
resolution is supported by AFSCME and has no known opposition.
SUMMARY: Seeks to designate December 17th of each year as an
annual "Day of Inclusion" in recognition of the contributions of
all immigrants to the greatness of our state and country.
Specifically, this measure:
1)States that Chinese immigrants, encouraged by the Burlingame
Treaty of 1868, arrived in the United States in large numbers
and greatly contributed to the progress of this country by
assisting in construction of the transcontinental railway,
building the levees of the California Delta, and establishing
agricultural and fishing industries in this state. Further
describes some of the diverse contributions of prominent
Chinese Americans in business, science, and politics.
2)Describes several examples of federal and state legislation
since the late 19th century intended to perpetuate
discrimination and unequal treatment of immigrants, including:
a) The Chinese Exclusion Act of 1882, the first major law
to single out and forbid a specific ethnic group from
immigrating to and becoming naturalized citizens of the
U.S.;
b) The Geary Act of 1892, extending the prohibitions of the
Chinese Exclusion Act of 1882;
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c) The Alien Land Law of 1913, prohibiting certain aliens
from owning land and property;
d) Anti-miscegenation laws prohibiting intermarriage
between white women and non-white men;
e) The Cable Act of 1922, terminating U.S. citizenship of
any women who married an alien ineligible for U.S.
citizenship; and
f) The Immigration Act of 1924, prohibiting the immigration
of all Asians and placing quotas on immigration from other
countries.
3)States that Executive Order 9066, signed by President
Roosevelt in 1942, allowed for the incarceration of 120,000
Japanese-Americans during WWII without due process of law and
led to their subsequent relocation to internment camps.
Further states that by enacting the Civil Liberties Act of
1988, the U.S. government formally apologized for the
evacuation, internment and relocation of Japanese-Americans
and provided for restitution to those who were interned.
4)States that according to the Partnership for a New American
Economy, immigrants started 28 percent of all new U.S.
businesses in 2011, despite accounting for just 13 percent of
the U.S. population-an increase from 15 percent of all new
U.S. businesses as measured in 1996; and in California,
immigrants make up 27.2 percent of the population but own 36.6
percent of all businesses, and start 44.6 percent of all new
businesses in the state.
5)States that according to the Fiscal Policy Institute, small
businesses owned by immigrants employed an estimated 4.7
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million people in 2007, and these small businesses generated
more than $776 billion in revenue annually; and according to a
2012 report by the Partnership for a New American Economy,
immigrant-owned businesses produce more than $34 billion per
year in California alone, constituting 28.1 percent of all
business income produced in the state and 4.2 percent of all
business income in the United States.
6)States that Chinese Americans and other minority groups within
the United States share many commonalities, including that
they seek opportunities to better their lives and the lives of
their families, hope to fulfill their dreams through diligence
and hard work, experience prejudice and discrimination from
both society and government, but nevertheless succeed in many
respects despite much adversity.
7)States that the Chinese Exclusion Act of 1882 was repealed on
December 17, 1943, signifying a date when the United States
expressed a commitment to break down cultural barriers, enrich
diversity, and further tolerance, and thus the 66th
anniversary of the repeal of the Act, December 17, 2009,
represents an excellent opportunity for our nation to
rededicate itself to the eradication of intolerance and
discrimination against immigrants and minorities.
8)Resolves that the Legislature joins all Californians in
acknowledging December 17 as an annual "Day of Inclusion" in
recognition and appreciation of the contributions of all
immigrants to the greatness of California and the United
States.
EXISTING LAW:
1)Provides that all people are by nature free and independent
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and have inalienable rights, including enjoying and defending
life and liberty, acquiring, possessing, and protecting
property, and pursuing and obtaining safety, happiness, and
privacy. (Section 1 of Article 1 of the California
Constitution.)
2)Pursuant to the Unruh Civil Rights Act, provides that all
persons within the jurisdiction of this state are free and
equal, and specifically prohibits discrimination based on sex,
race, color, religion, ancestry, national origin, disability,
medical condition, marital status, or sexual orientation with
respect to accommodations, advantages, facilities, privileges,
or services in all business establishments of every kind.
(Civil Code Section 51.)
FISCAL EFFECT: As currently in print this measure is keyed
non-fiscal.
COMMENTS: This resolution seeks to acknowledge December 17th
each year as an annual "Day of Inclusion" in recognition and
appreciation of the contributions of all immigrants to the
greatness of our state and country.
In support of the resolution, the author states:
In May of 1882 the Chinese Exclusion Act was signed
into law becoming the first major United States Law to
single out and forbid a specific ethnic group from
immigrating and becoming naturalized citizens. This Act
wasn't repealed until December 17, 1943. Immigrants
have made major contributions to our nation and should
be recognized and celebrated, rather than excluded. It
is important that we learn from history and not repeat
such heinous laws as the Chinese Exclusion Act. SCR 94
designates December 17th as an annual Day of Inclusion
to recognize the priceless contributions of all
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immigrants to the greatness of our state and nation.
Chinese Exclusion Act of 1882. In 1882, Congress passed the
Chinese Exclusion Act, the first 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 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 historian Andrew Gyory, the Chinese Exclusion 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 "legitimize[d]
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 Congress passed the Magnuson
Act on December 17, 1943. Although the Act made Chinese
Americans eligible for naturalization, Congress initially
limited this number to only 105 Chinese immigrants per year.
(Asian Law Journal, December 2000.)
The date of December 17th, which corresponds to the yearly
anniversary of the repeal of the Chinese Exclusion Act of 1882,
has been designated as an annual "Day of Inclusion" because that
date signifies a positive turning point in U.S. history with
respect to societal attitudes and treatment of immigrants.
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Author's Amendments: In order to reflect more recent research
data on the important contributions made by immigrant small
business owners to the California and U.S. economies, the author
proposes the following amendments:
On page 3, delete lines 19 to 23 and replace with:
WHEREAS, According to the Partnership for a New American
Economy, immigrants started 28 percent of all new U.S.
businesses in 2011, despite accounting for just 13 percent
of the U.S. population-an increase from 15 percent of all
new U.S. businesses as measured in 1996; and in California,
immigrants make up 27.2 percent of the population but own
36.6 percent of all businesses, and start 44.6 percent of
all new businesses in the state.
WHEREAS, According to the Fiscal Policy Institute, small
businesses owned by immigrants employed an estimated 4.7
million people in 2007, and these small businesses
generated more than $776 billion in revenue annually; and
according to a 2012 report by the Partnership for a New
American Economy, immigrant-owned businesses produce more
than $34 billion per year in California alone, constituting
28.1 percent of all business income produced in the state
and 4.2 percent of all business income in the United
States.
Committee staff notes that the figures attributed to the
Partnership for a New American Economy come from an August 2012
publication titled "Open for Business: How Immigrants are
Driving Small Business Creation in the United States" (available
at http://www.renewoureconomy.org/
sites/all/themes/pnae/openforbusiness.pdf ), while the figures
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attributed to the Fiscal Policy Institute come from a June 2012
report titled "Immigrant Small Business Owners: A Significant
and Growing Part of the Economy" (available at
http://www.fiscalpolicy.org/immigrant-small-business-owners-FPI-2
0120614.pdf .)
Related Legislation: ACR 42 (Fong & De León), Res. Chapter 79,
Stats. 2009, acknowledges the history of the Chinese in
California, recognizes the contributions made to the State of
California by Chinese Americans and Chinese immigrants, and
expresses regret for past discriminatory laws and constitutional
provisions which resulted in the persecution of Chinese persons
living in California.
ACR 76 (Eng), Res. Chapter 108, Stats. 2009, is substantially
similar to this measure and was the first resolution that
commemorated December 17 as an annual Day of Inclusion to
recognize the contributions of immigrants to this state.
ARGUMENTS IN SUPPORT: The American Federation of State, County
and Municipal Employees (AFSCME) states in support:
Early immigration greatly contributed to the
advancement and progress of the United States. Our
country may not have become the world's greatest super
power if it were not for the help of these immigrants.
. . SCR 94 would acknowledge December 17 each year as
an annual "Day of Inclusion" in recognition and
appreciation of all immigrants to the greatness of the
United States and California. As a union that
represents many ethnicities, AFSCME is built on the
inclusion of diversity, and in favor of this measure.
REGISTERED SUPPORT / OPPOSITION:
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Support
AFSCME
Opposition
None on file
Analysis Prepared by:Anthony Lew / JUD. / (916)
319-2334