BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1351|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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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This bill replaces the word "alien," an outdated term for a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
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