Existing statutory law and the California Constitution provide for equal property rights for both citizens and noncitizens.

This bill would make technical, nonsubstantive changes to the statutory provision.

 THIRD READING  

Bill No: SB 1351

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 6-1, 4/26/16

AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski

NOES: Anderson

SUBJECT:

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

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This bill replaces the word “alien,” an outdated term for a person not born in or naturalized in the United States of America, with the word “noncitizen” in the Civil Code section that provides that there are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: Fiscal Com.: Local:

SUPPORT: (Verified 4/28/16)

Coalition for Humane Immigrant Rights of Los Angeles

OPPOSITION: (Verified 4/28/16)

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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SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: SB 1351 (Author:De León)

Version: February 19, 2016

Hearing Date: April 26, 2016

Fiscal: No

Urgency: No

Consultant: ME

SUBJECT

Property ownership

DESCRIPTION

Existing law and the California Constitution provide for equal property rights for citizens and noncitizens. This bill would remove the term of “alien” from the statutory provision that provides for equal property rights for all people regardless of citizenship status.

BACKGROUND

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 measure sponsored a historic package of ten bills to empower immigrants in California. This package of bills was referred to as “Immigrants Shape California.” All ten 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 would replace 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.

CHANGES TO EXISTING LAW

Existing law provides for equal property rights for both citizens and noncitizens. (Cal. Const., art. 1, Sec. 20.)

Existing law states that any person, whether citizen or alien, may take, hold, and dispose of property, real or personal, within this State. (Civ. Code sec. 671)

This bill would replace the word “alien” with the word “noncitizen” in the above provision.

COMMENT

1. Stated need for bill

According to the author:

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.

Many measures in recent years have sought to replace the word alien or completely eliminate the citizenship differentiation if unnecessarily mentioned in the law. This measure seeks to do the same.

2. California’s public policy is to respect immigrants

California’s recent history has been one of inclusion and respect for immigrants. 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. Last year, the author of this measure sponsored a historic package of ten bills to empower immigrants in California. This package of bills was referred to as “Immigrants Shape California.” All ten bills were signed into law by Governor Jerry Brown.

In California, 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. (Lab. Code Sec. 1171.5, Civ. Code Sec. 3339, Gov. Code Sec. 7285, Health & Saf. Code Sec. 24000.)

Last year, the legislature passed and the Governor signed SB 432 (Mendoza, Ch. 160, Stats. 2015) into law. It was a measure that deleted the definition of “alien” in the Labor Code to describe noncitizens.

Support: Coalition for Humane Immigrant Rights of Los Angeles (CHIRLA)

Opposition: None Known

HISTORY

Source: Author

Related Pending Legislation: None Known

Prior Legislation:

SB 432 (Mendoza, Chapter 160, Statutes of 2015) See Comment 2.

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