Amended in Senate August 15, 2016

Amended in Senate June 20, 2016

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 Bill No. 1887

Introduced by Assembly Member Low

(Coauthors: Assembly Members Bloom, Chiu, and Ting)

( begin delete Coauthor: Senator Hall end delete begin insert Coauthors: Senators Galgiani, Hall, and McGuire 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 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 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) A state 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 University, and
the Legislature shall not do either of the following:

(1) Require any of its employees, officers, or members to travel
to a 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, 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.

(2) Approve a request for state-funded or state-sponsored travel
to a 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, 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.

(c) Subdivision (b) shall not apply to travel that is begin delete necessary for
the enforcement of California law, to meet contractual obligations
incurred before January 1, 2017, or for the protection of public
health, welfare, or safety, as determined by the affected agency,
department, board, authority, or commission, or the affected
legislative office, as described in subdivision (b). end delete begin insert required for any
of the following purposes: end insert

begin insert

(1) Enforcement of California law, including auditing and
revenue collection.

end insert begin insert

(2) Litigation.

end insert begin insert

(3) To meet contractual obligations incurred before January 1,
2017.

end insert begin insert

(4) To comply with requests by the federal government to appear
before committees.

end insert begin insert

(5) To participate in meetings or training required by a grant
or required to maintain grant funding.

end insert begin insert

(6) To complete job-required training necessary to maintain
licensure or similar standards required for holding a position, in
the event that comparable training cannot be obtained in California
or a different state not affected by subdivision (b).

end insert begin insert

(7) For the protection of public health, welfare, or safety, as
determined by the affected agency, department, board, authority,
or commission, or by the affected legislative office, as described
in subdivision (b).

end insert

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

(e) (1) The Attorney General shall develop, maintain, and post
on his or her Internet Web site a current list of states that, after
June 26, 2015, have enacted a law that voids or repeals, or has the
effect of voiding or repealing, an existing state or local protection
against discrimination on the basis of sexual orientation, gender
identity, or gender expression, or have 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, 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.

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