BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 396
Author: De León (D), et al.
Amended: 6/5/14
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE JUDICIARY COMMITTEE : 5-0, 8/20/14 (Pursuant to Senate
Rule 29.10)
AYES: Jackson, Corbett, Leno, Monning, Vidak
NO VOTE RECORDED: Anderson, Lara
ASSEMBLY FLOOR : 63-1, 8/14/14 - See last page for vote
SUBJECT : Public services
SOURCE : Author
DIGEST : This bill repeals the unenforceable provisions of
Proposition 187 relating to public social services, public
health care services, public education and other activities of
state and local agencies.
Assembly Amendments delete the Senate version, which dealt with
ammunition magazines authored by Senator Hancock, and instead
add the current language related to the repeal of unenforceable
provisions of Proposition 187, and change the author to Senator
De León.
ANALYSIS : Exiting law provides for the regulation of
CONTINUED
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immigration exclusively by the federal government.
This bill deletes the following statutes: Sections 48215 and
66010.8 of the Education Code, Section 53069.65 of the
Government Code, Chapter 1.3 of Part 1 of Division 1 of the
Health and Safety Code, Section 834b of the Penal Code, and
Section 10001.5 of the Welfare and Institutions Code which in
combination purport to make undocumented immigrants ineligible
for specified public social services, public health care
services, and public school education at the elementary,
secondary, and post-secondary levels and, among other things,
require various state and local agencies to report suspected
illegal aliens, as specified, and requires the Attorney General
to perform certain tasks in connection with transmitting and
retaining those reports.
Background
Prop 187 was an initiative measure approved by voters to enact
certain statutory provisions in order to "establish a system of
required notification by and between [state and local agencies
and the federal government] to prevent illegal aliens in the
United States from receiving benefits or public services in the
State of California." (Ballot Pamp., Gen. Elec. (Nov. 8, 1994)
text of Prop. 187, § I, p. 91.) The United States District
Court for the Central District of California held that certain
provisions of Proposition 187 (those at issue in this bill)
relating to verification and notification, and the denial of
public social services, publicly funded health care, and
education to persons who were not lawfully present in the United
States, were unconstitutional on the basis that those provisions
were preempted by federal law. The court then issued a
permanent injunction prohibiting the enforcement of those
provisions.
Legislative Counsel has concluded that the Legislature is within
its powers to delete statutes that have been abrogated by the
courts. As Counsel notes, the evident intent of the subdivision
(c) is to "protect the people's initiative powers by precluding
the Legislature from undoing what the people have done, without
the electorate's consent." (Shaw v. People ex rel. Chiang
(2009) 175 Cal.App.4th 577, 597.) Accordingly a subsequent
statute will "amend" a statutory initiative within the meaning
of subdivision (c) only if it changes the scope or effect of
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that initiative by adding or taking away from it. (People v.
Kelly (2010) 47 Cal.4th 1008, 1026-1027; see also People v,
Cooper (2002) 27 Cal.4th 38, 44.).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 8/15/14)
ACLU of California
California Immigrant Policy Center
Coalition for Humane Immigrant Rights of Los Angeles
Mexican American Legal Defense and Education Fund
ARGUMENTS IN SUPPORT : According to the author, "Undoubtedly,
the state has made tremendous progress in recent years by
enacting laws that promote the safety and livelihood of
immigrant families. After 20 years, it is fitting that
California expressly acknowledge the harm caused to Californians
through passage of the discriminatory and xenophobic Proposition
187 by removing its stain from the state's statutes."
ASSEMBLY FLOOR : 63-1, 8/14/14
AYES: Achadjian, Alejo, Ammiano, Bloom, Bocanegra, Bonilla,
Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chávez, Chesbro, Conway, Cooley, Dababneh, Daly, Dickinson,
Eggman, Fong, Fox, Frazier, Garcia, Gatto, Gomez, Gonzalez,
Gordon, Gorell, Gray, Hall, Roger Hernández, Holden,
Jones-Sawyer, Levine, Linder, Lowenthal, Maienschein, Medina,
Mullin, Muratsuchi, Nazarian, Nestande, Pan, Perea, John A.
Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Weber,
Wieckowski, Wilk, Williams, Yamada, Atkins
NOES: Donnelly
NO VOTE RECORDED: Allen, Bigelow, Dahle, Beth Gaines, Grove,
Hagman, Harkey, Jones, Logue, Mansoor, Melendez, Olsen,
Patterson, Wagner, Waldron, Vacancy
AL:d 8/20/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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