BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       SB 1351|
          |Office of Senate Floor Analyses   |                              |
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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          This bill replaces the word "alien," an outdated term for a  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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