BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SCR 122
Author: De León (D), Correa (D), Hernandez (D), Hueso (D),
Huff (R), Lara
(D), Lieu (D), Liu (D), Steinberg (D), and Torres (D), et al.
Amended: 8/19/14
Vote: 21
SENATE FLOOR : 32-0, 6/5/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,
Hancock, Hernandez, Hill, Huff, Jackson, Knight, Lara, Leno,
Liu, Monning, Morrell, Nielsen, Pavley, Roth, Steinberg,
Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Hueso, Lieu, Mitchell, Padilla,
Torres, Wright, Yee
ASSEMBLY FLOOR : Read and adopted, 8/19/14
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,
and apologizes for past discriminatory laws and constitutional
provisions that resulted in the persecution of Chinese living in
California.
Assembly Amendments add coauthors.
CONTINUED
SCR 122
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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. The 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 efforts and contributions of the 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, the 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 the Chinese laborers already here.
4.Among other things, these laws denied the 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
SCR 122
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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.
6.Former Article XIX of the California Constitution, which was
adopted in 1879 and unfairly targeted and discriminated
against Chinese living in California, remained in effect for
73 years until it was repealed in 1952.
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, and
apologizes for past discriminatory laws and constitutional
provisions that resulted in the persecution of Chinese living in
California.
Prior/Related Legislation
SJR 23 (Huff and de León, et al.), which is on the Senate
Unfinished Business file, requests Congress to adopt resolutions
of apology to the Chinese American community for the enactment
of the Chinese Exclusion Laws.
SJR 26 (de León, Hernandez, Lara, Torres), which is currently on
the Senate Inactive file, acknowledges the history of the
Chinese in California, recognizes the contributions made to the
State of California by Chinese Americans and Chinese immigrants,
makes a legislative apology 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
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enactment of the federal Chinese Exclusion Laws.
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.
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.
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 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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