BILL ANALYSIS Ó AB 1887 Page 1 Date of Hearing: April 13, 2016 ASSEMBLY COMMITTEE ON ACCOUNTABILITY AND ADMINISTRATIVE REVIEW Cristina Garcia, Chair AB 1887 (Low) - As Amended April 7, 2016 SUBJECT: State government: discrimination: travel SUMMARY: Bans state entities from requiring or funding state employee travel to states with laws that discriminate on the basis of sexual orientation, gender identity, or gender expression, and directs the California Attorney General to create, maintain, and post a current list of such states on its Internet Web site. Specifically, this bill: 1)Prohibits any state agency, department, board, authority, or commission, including the University of California (UC) or the California State University (CSU), from doing either of the following: a) Requiring any of its employees, officers, or members to travel to a state that has enacted a law that discriminates on the basis of sexual orientation, gender identity, or gender expression, as specified; or, b) Approving a request for state-funded or state-sponsored travel to a state that has enacted a law that discriminates AB 1887 Page 2 on the basis of sexual orientation, gender identity, or gender expression, as specified. 2)Specifies that the prohibition created by this bill does not apply to travel that is necessary for the enforcement of California law, to meet prior contractual obligations, or for the protection of public health, welfare, or safety. 3)Requires the California Attorney General to develop, and keep current, a list of such states to post to its Internet Web site. 4)Makes state entities responsible for consulting the list on the Attorney General's Web site in order to comply with the travel and funding restrictions imposed by this bill. EXISTING LAW: 1)Authorizes, under Government Code Section 11032, out-of-state (OST) travel for any state agency officer or employee upon approval by the Governor. Exempts legislators or their staff. 2)Prohibits, under the Unruh Civil Rights Act, all business establishments of any kind whatsoever from discriminating on the basis of sexual orientation, gender identity, gender expression, and a number of other grounds. FISCAL EFFECT: Unknown COMMENTS: This bill prohibits any state agency, department, board, or commission, including those of the UC and CSU, from AB 1887 Page 3 requiring an employee, officer, or member to travel to a state with discriminatory laws, or approving any state funding for travel to such states. Exemptions are provided for any OST travel that is necessary for the enforcement of California law, to meet prior contractual obligations, or for the protection of public health, welfare, or safety. Existing law permits OST travel upon approval from the Governor's office. State entities are required to submit their annual travel plans to the Department of Finance. The plans describe an entity's trips for that year, including both mission critical trips and discretionary trips that have supporting documentation showing they are a benefit to the state. Upon approval, entities must work through the Department of General Services (DGS) when making travel arrangements. Many agencies, particularly in the executive branch, occasionally send employees to other states. For example, DGS reports that its air travel database shows there were over 10,000 OST "person trips" in 2015. Each employee who travels is counted as a separate trip, even if multiple employees are traveling to the same location. Therefore, a group of employees traveling on a single trip would be recorded as multiple person-trips. Since the DGS database does not indicate the reason for each trip, it is unknown how many of these trips would have been exempt from the prohibition in this bill. Recently, North Carolina and Mississippi enacted discriminatory laws relating to sexual orientation, gender identity, and gender expression. In response, other states have banned non-essential travel to North Carolina and Mississippi via gubernatorial or administrative, rather than legislative, action. The author states, "As a leader in protecting civil rights and preventing discrimination, California should not be funding states with discriminatory state laws." The author contends that the ban in this bill will "send a strong message that such AB 1887 Page 4 laws are not acceptable to the State of California." By assigning the Attorney General's office the task of compiling and maintaining a current list of states with such laws, a single agency with considerable legal expertise will be able to examine both the text and, if necessary, the legislative history of these states' laws. However, it remains unclear what impact a California state employee travel ban, with exemptions for essential functions, will have on these states. DOUBLE REFERRAL: This bill has been double referred. It was previously heard in the Assembly Judiciary Committee on April 5, 2016, and passed with a vote of 8-2. REGISTERED SUPPORT / OPPOSITION: Support Equality California (sponsor) National Center for Lesbian Rights (sponsor) American Civil Liberties Union of California Bay Area Municipal Elections Committee Consumer Attorneys of California Los Angeles LGBT Center Rainbow Chamber Silicon Valley Opposition None on file Analysis Prepared by:Cassie Royce / A. & A.R. / (916) 319-3600 AB 1887 Page 5