Amended in Assembly March 30, 2016

Amended in Assembly March 10, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1887

Introduced by Assembly Member Low

begin delete (Coauthor: Assembly Member Ting) end delete begin insert (Coauthors: Assembly Members Chiu and Ting) end insert

February 11, 2016

An act to add Section 11139.8 to the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL’S DIGEST

AB 1887, as amended, Low. State government: discrimination: travel.

Existing law prohibits discrimination on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability under any state program or activity. Existing law provides for officers and employees of the state, when away from their headquarters for state business, to receive travel expenses.

This bill would prohibit a state agency begin insert and the Legislature end insert from requiring any of its employees, officers, or members to travel begin delete to any state with a law in effect that sanctions or requires discrimination on the basis of sexual orientation, gender identity, or gender expression, end delete begin insert to, end insert or approving a request for state-funded or state-sponsored travel begin delete to end delete begin insert to, end insert any state begin delete with a law in effect that sanctions end delete begin insert that, end insert begin insert after June 26, 2015, has enacted a law that voids or repeals existing state or local protections against discrimination on the basis of sexual orientation, gender identity, or gender expression end insert begin insert or has enacted a law that authorizes end insert or requires discrimination begin insert against same-sex couples or their families or end insert on the basis of sexual orientation, gender identity, or gender expression, begin insert as specified, end insert subject to specified exceptions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 11139.8 is added to the Government
Code, to read:

11139.8.  

(a) The Legislature finds and declares all of the
following:

(1) California is a leader in protecting civil rights and preventing
discrimination.

(2) California’s robust nondiscrimination laws include
protections on the basis of sexual orientation, gender identity, and
gender expression, among other characteristics.

(3) Religious freedom is a cornerstone of law and public policy
in the United States, and the Legislature strongly supports and
affirms this important freedom.

(4) The exercise of religious freedom should not be a
justification for discrimination.

(5) California must take action to avoid supporting or financing
discrimination against lesbian, gay, bisexual, and transgender
people.

(6) It is the policy of the State of California to promote fairness
and equality and to combat discrimination.

(b)  begin delete An end delete begin insert A state end insert agency, department, board, authority, or
commission, including an agency, department, board, authority,
or commission of the University of California, the Board of
Regents of the University of California, or the California State
begin delete University end delete begin insert University, and the Legislature end insert shall not do either of
the following:

(1) Require any of its employees, officers, or members to travel
to a state begin delete with a law in effect that sanctions end delete begin insert that, after June 26,
2015, has enacted a law that voids or repeals existing state or
local protections against discrimination on the basis of sexual
orientation, gender identity, or gender expression end insert begin insert or has enacted
a law that authorizes end insert or requires discrimination begin insert against same-sex
couples or their families or end insert on the basis of sexual orientation,
gender identity, or gender begin delete expression. end delete begin insert expression, including any
law that creates an exemption to antidiscrimination laws in order
to permit discrimination against same-sex couples or their families
or on the basis of sexual orientation, gender identity, or gender
expression. end insert

(2) Approve a request for state-funded or state-sponsored travel
to a state begin delete with a law in effect that sanctions end delete begin insert that, after June 26,
2015, has enacted a law that voids or repeals existing state or
local protections against discrimination on the basis of sexual
orientation, gender identity, or gender expression, or has enacted
a law that authorizes end insert or requires discrimination begin insert against same-sex
couples or their families or end insert on the basis of sexual orientation,
gender identity, or gender begin delete expression. end delete begin insert expression, including any
law that creates an exemption to antidiscrimination laws in order
to permit discrimination against same-sex couples or their families
or on the basis of sexual orientation, gender identity, or gender
expression. end insert

(c) Subdivision (b) shall not apply to travel that is necessary for
the enforcement of California law, to meet begin delete prior end delete contractual
begin delete obligations, end delete begin insert obligations incurred before January 1, 2017, end insert or for
the protection of public health, welfare, or safety.

(d) The prohibition on state-funded travel described in this
section shall continue while any law specified in subdivision (b)
remains in effect.