Amended in Assembly April 7, 2016

Amended in Assembly March 30, 2016

Amended in Assembly March 10, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1887


Introduced by Assembly Member Low

(Coauthors: Assembly Members Chiu and Ting)

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 and the Legislature from requiring any of its employees, officers, or members to travel to, or approving a request for state-funded or state-sponsored travel to, any state that, after June 26, 2015, has enacted a law that voids orbegin delete repealsend deletebegin insert repeals, or has the effect of voiding or repealing,end insert 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 or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression, as specified, subject tobegin delete specifiedend deletebegin insert certainend insert exceptions.begin insert The bill would require the Attorney General to develop, maintain, and post on his or her Internet Web site a current list of states that, after June 26, 2015, have enacted such a law. The bill would make it the responsibility of specified state entities to consult the list in order to comply with the travel and funding restrictions imposed by the bill.end insert

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

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

P2    1

SECTION 1.  

Section 11139.8 is added to the Government
2Code
, to read:

3

11139.8.  

(a) The Legislature finds and declares all of the
4following:

5(1) California is a leader in protecting civil rights and preventing
6discrimination.

7(2) California’s robust nondiscrimination laws include
8protections on the basis of sexual orientation, gender identity, and
9gender expression, among other characteristics.

10(3) Religious freedom is a cornerstone of law and public policy
11in the United States, and the Legislature strongly supports and
12affirms this important freedom.

13(4) The exercise of religious freedom should not be a
14justification for discrimination.

15(5) California must take action to avoid supporting or financing
16discrimination against lesbian, gay, bisexual, and transgender
17people.

18(6) It is the policy of the State of California to promote fairness
19and equality and to combat discrimination.

20(b) A state agency, department, board, authority, or commission,
21including an agency, department, board, authority, or commission
22of the University of California, the Board of Regents of the
23University of California, or the California State University, and
24the Legislature shall not do either of the following:

25(1) Require any of its employees, officers, or members to travel
26to a state that, after June 26, 2015, has enacted a law that voids or
27begin delete repealsend deletebegin insert repeals, or has the effect of voiding or repealing,end insert existing
28state or local protections against discrimination on the basis of
29sexual orientation, gender identity, or gender expression or has
P3    1enacted a law that authorizes or requires discrimination against
2same-sex couples or their families or on the basis of sexual
3orientation, gender identity, or gender expression, including any
4law that creates an exemption to antidiscrimination laws in order
5to permit discrimination against same-sex couples or their families
6or on the basis of sexual orientation, gender identity, or gender
7expression.

8(2) Approve a request for state-funded or state-sponsored travel
9to a state that, after June 26, 2015, has enacted a law that voids or
10begin delete repealsend deletebegin insert repeals, or has the effect of voiding or repealing,end insert existing
11state or local protections against discrimination on the basis of
12sexual orientation, gender identity, or gender expression, or has
13enacted a law that authorizes or requires discrimination against
14same-sex couples or their families or on the basis of sexual
15orientation, gender identity, or gender expression, including any
16law that creates an exemption to antidiscrimination laws in order
17to permit discrimination against same-sex couples or their families
18or on the basis of sexual orientation, gender identity, or gender
19expression.

20(c) Subdivision (b) shall not apply to travel that is necessary for
21the enforcement of California law, to meet contractual obligations
22incurred before January 1, 2017, or for the protection of public
23health, welfare, or safety.

24(d) The prohibition on state-funded travel described in this
25section shall continue while any law specified in subdivision (b)
26remains in effect.

begin insert

27
(e) (1) The Attorney General shall develop, maintain, and post
28on his or her Internet Web site “his or her” a current list of states
29that, after June 26, 2015, have enacted a law that voids or repeals,
30or has the effect of voiding or repealing, an existing state or local
31protection against discrimination on the basis of sexual orientation,
32gender identity, or gender expression, or have enacted a law that
33authorizes or requires discrimination against same-sex couples
34or their families or on the basis of sexual orientation, gender
35identity, or gender expression, including any law that creates an
36exemption to antidiscrimination laws in order to permit
37discrimination against same-sex couples or their families or on
38the basis of sexual orientation, gender identity, or gender
39expression.

end insert
begin insert

P4    1
(2) It shall be the responsibility of an agency, department, board,
2authority, or commission described in subdivision (b) to consult
3the list on the Internet Web site of the Attorney General in order
4to comply with the travel and funding restrictions imposed by this
5section.

end insert


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