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 or repeals, or has the effect of voiding or repealing, 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 to certain exceptions. 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 11139.8 is added to the Government
2Code, to read:
(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
P3 1repeals, or has the effect of voiding or repealing, existing state or
2local protections against discrimination on the basis of sexual
3orientation, gender identity, or gender expression or has enacted
4a law that authorizes or requires discrimination against same-sex
5couples or their families or on the basis of sexual orientation,
6gender identity, or gender expression, including any law that
7creates an exemption to antidiscrimination laws in order to permit
8discrimination against same-sex couples or their families or on the
9basis of sexual orientation, gender identity, or gender expression.
10(2) Approve a request for state-funded or state-sponsored travel
11to a state that, after June 26, 2015, has enacted a law that voids or
12
repeals, or has the effect of voiding or repealing, existing state or
13local protections against discrimination on the basis of sexual
14orientation, gender identity, or gender expression, or has enacted
15a law that authorizes or requires discrimination against same-sex
16couples or their families or on the basis of sexual orientation,
17gender identity, or gender expression, including any law that
18creates an exemption to antidiscrimination laws in order to permit
19discrimination against same-sex couples or their families or on the
20basis of sexual orientation, gender identity, or gender expression.
21(c) Subdivision (b) shall not apply to travel that is necessary for
22the enforcement of California law, to meet contractual obligations
23incurred before January 1, 2017, or for the protection of public
24health, welfare, orbegin delete safety.end deletebegin insert
safety, as determined by the affected
25agency, department, board, authority, or commission, or the
26affected legislative office, as described in subdivision (b).end insert
27(d) The prohibition on state-funded travel described in this
28section shall continue while any law specified in subdivision (b)
29remains in effect.
30(e) (1) The Attorney General shall develop, maintain, and post
31on his or her Internet Web sitebegin delete “his or her”end delete a current list of states
32that, after June 26, 2015, have enacted a law that voids or repeals,
33or has the effect of voiding or repealing, an existing state or local
34protection against discrimination on the basis of sexual orientation,
35gender identity, or
gender expression, or have enacted a law that
36authorizes or requires discrimination against same-sex couples or
37their families or on the basis of sexual orientation, gender identity,
38or gender expression, including any law that creates an exemption
39to antidiscrimination laws in order to permit discrimination against
P4 1same-sex couples or their families or on the basis of sexual
2orientation, gender identity, or gender expression.
3(2) It shall be the responsibility of an agency, department, board,
4authority, or commission described in subdivision (b) to consult
5the list on the Internet Web site of the Attorney General in order
6to comply with the travel and funding restrictions imposed by this
7section.
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