BILL ANALYSIS Ó
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THIRD READING
Bill No: SJR 26
Author: De León (D), Hernandez (D), Lara (D), and Torres (D)
Amended: As introduced
Vote: 21
SUBJECT : Chinese Americans in California
SOURCE : Author
DIGEST : This resolution acknowledges the history of the
Chinese in California, recognizes the contributions made to the
State of California by Chinese Americans and Chinese immigrants,
apologizes for past discriminatory laws and constitutional
provisions that resulted in the persecution of Chinese living in
California, and requests Congress to adopt resolutions of
apology to the Chinese American community for the enactment of
the federal Chinese Exclusion Laws.
ANALYSIS : This resolution makes the following legislative
findings:
1.The Central Pacific portion of the transcontinental railroad
recruited the Chinese in America and later tens of thousands
of Chinese immigrants as a source of labor. Chinese in
America and Chinese immigrants were paid less than their white
counterparts and slept in tents while white laborers were
provided both food and shelter. Chinese laborers worked under
grueling and treacherous conditions in order to lay thousands
of miles of track. On May 10, 1868, alone, Chinese workers
laid 10 miles of track in less than 12 hours in order to
complete the last leg of the railroad. Without the tremendous
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efforts and contributions of Chinese in building the
transcontinental railroad, the development and progress of our
nation and California would have been delayed by years.
2.Once the transcontinental railroad was complete, Chinese in
California transitioned to other types of employment, making
considerable contributions to the progress and growth of our
state. Chinese in California built ships for fishing along
our coast and developed the abalone and shrimp industries. In
the Delta and the Central Valley, Chinese in California helped
to recover the tule swamps, to build irrigation systems, and
to harvest various fruits and vegetables for California's
agriculture industry.
3.The Legislature enacted discriminatory laws targeting Chinese
in America and Chinese immigrants in order to discourage
further immigration from China and sought to severely limit
the success of Chinese laborers already here.
4.Among other things, these laws denied Chinese in California
the right to own land or property, the right to vote, and the
right to marry a white person, denied children of Chinese
descent access to public schools, denied Chinese immigrants
the right to bear arms, unfairly targeted women of Chinese
descent by imposing special requirements in order for them to
be allowed to immigrate into the state, authorized the removal
of Chinese immigrants to outside town and city limits, denied
Chinese laborers employment in public works projects and,
through state agencies, prohibited the issuance of licenses to
Chinese in California, denied Chinese in California the right
to fish in California's waters, and unduly taxed Chinese
businesses and individuals who employed Chinese laborers.
5.Chinese in California were denied the right to testify as a
witness in any action or proceeding in which a white person
was a party, pursuant to a state law that was upheld in People
v. Hall (1854) 4 Cal. 399. As a result of the decision to
place Chinese in California outside of the protection of the
law, many Chinese in California were left extremely vulnerable
to violence and abuse.
6.Despite decades of systematic, pervasive, and sustained
discrimination, Chinese living in California persevered and
went on to make significant contributions to the growth and
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success of our state.
7.Today, Californians of Chinese descent occupy leading roles in
politics, business, and academia. The contributions of
Chinese Americans to the State of California are vast and
irreplaceable. They have played a central role in turning
California's university system, technology industry,
businesses, and agriculture into a world power.
This resolution acknowledges the history of the Chinese in
California, recognizes the contributions made to the State of
California by Chinese Americans and Chinese immigrants,
apologizes for past discriminatory laws and constitutional
provisions that resulted in the persecution of Chinese living in
California, and requests Congress to adopt resolutions of
apology to the Chinese American community for the enactment of
the federal Chinese Exclusion Laws.
Related/Prior Legislation
SJR 23 (Huff, Currently on Senate 3rd Reading File) and this
resolution are nearly identical.
ACR 42 (Fong and De León, Resolution Chapter 79, Statutes of
2009) expressed the Legislature's regret for enactment of past
discriminatory laws and constitutional provisions which resulted
in the persecution of Chinese living in California, and affirmed
its commitment to preserving the rights of all people and
celebrated the contributions that all immigrants have made to
the state and nation. Most of the language from ACR 42 is
identical to SJR 23. Unlike ACR 42 though, SJR 23 excludes
language relating to individual contributions of specific
Californians who are Chinese or of Chinese descent, and
apologizes, rather than expresses regret, for the state's
treatment of Chinese Americans and Chinese immigrants.
SR 201 (Senator Dianne Feinstein et al., 2011) stated that the
Senate acknowledged that the framework of anti-Chinese
legislation, including the Chinese Exclusion Act, is
incompatible with the basic founding principles of equality
recognized in the Declaration of Independence and that it
regretted passing six decades of legislation targeting the
Chinese people for physical and political exclusion.
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HR 683 (Rep. Judy Chu, 2012) expressed regret for the passage of
legislation that adversely affected people of Chinese origin in
the United States because of their ethnicity. It also
enumerated House of Representatives passed legislation and other
government policies that adversely affected Chinese persons in
the United States.
FISCAL EFFECT : Fiscal Com.: No
AL:e 5/21/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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