BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1351| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1351 Author: De León (D) Introduced:2/19/16 Vote: 21 SENATE JUDICIARY COMMITTEE: 6-1, 4/26/16 AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski NOES: Anderson SUBJECT: Property ownership SOURCE: Author DIGEST: This bill removes the term of alien from the statutory provision that provides for equal property rights for all people regardless of citizenship status. ANALYSIS: Existing law: 1)Provides for equal property rights for both citizens and noncitizens. 2)States that any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this State. This bill replaces the word "alien" with the word "noncitizen" in the above provision. Background SB 1351 Page 2 Since the earliest days of California's history, there have been equal property rights for citizens and noncitizens. California's recent history has been one of inclusion and respect for immigrants. Last year, the author of this bill sponsored a historic package of 10 bills to empower immigrants in California. This package of bills was referred to as "Immigrants Shape California." All 10 bills were signed into law. Also, last year, the Legislature passed and the Governor signed a measure into law that deleted the definition of "alien" from the Labor Code to describe non-citizens. This bill replaces the word "alien," an outdated term for a person not born in or naturalized in the United States of America, with the word "noncitizen" in the Civil Code section that provides that there are equal property rights for all regardless of immigration status. This change does not alter the substance of the statute. Comments The author writes: The word "alien" is antiquated terminology placed in Civil Code in the 1870s. Although the statute intended to unequivocally state that citizens and aliens both have property rights, it also sought to differentiate citizens from "aliens," or noncitizens. The word "alien" today carries negative connotations of otherness that California has sought to disavow in recent years in order to affirm its commitment to full immigrant integration. "Noncitizen" is a more appropriate term that more accurately identifies the population that this statute references. Prior Legislation SB 432 (Mendoza, Chapter 160, Statutes of 2015) deleted the definition of "alien" in the Labor Code to describe noncitizens. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No SB 1351 Page 3 SUPPORT: (Verified4/28/16) Coalition for Humane Immigrant Rights of Los Angeles OPPOSITION: (Verified4/28/16) None received ARGUMENTS IN SUPPORT: Supporters state, while Congress fails to pass comprehensive immigration reform, California has exercised its state power to protect immigrants who are caught in limbo due to Washington's inaction. In California, for example, all employment protections, rights, and remedies available under state law (except as prohibited by federal law) are available to all people regardless of immigration status. Replacing the word "alien" with the word "noncitizen" reaffirms California's public policy of respecting immigrants. Prepared by:Margie Estrada / JUD. / (916) 651-4113 4/29/16 13:05:01 **** END ****