BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1887


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          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  








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               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  








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          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  








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          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










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