BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                              Senator Isadore Hall, III
                                        Chair
                                2015 - 2016  Regular 

          Bill No:           AB 1887          Hearing Date:    6/14/2016
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          |Author:    |Low                                                  |
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          |Version:   |4/7/2016    Amended                                  |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Felipe Lopez                                         |
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          SUBJECT: State government:  discrimination:  travel


            DIGEST:    This bill prohibits state agencies from requiring  
          state employees to travel to states that discriminate on the  
          basis of sexual orientation, gender identity, or gender  
          expression, and prohibits state agencies from approving  
          state-funded travel to such state, except as provided. 

          ANALYSIS:
          
          Existing law:
          
          1)Provides that any state officer or employee of any state  
            agency may confer with other persons, associations, or  
            organizations outside of the state wherever it may be of  
            assistance in the conduct of state business.  Permits, to the  
            extent that funds are authorized and available, reimbursement  
            for actual and necessary expenses for travel outside of the  
            state as authorized. 

          2)Provides, under the Unruh Civil Rights Act, that all persons  
            within this state are free and equal, an no matter what their  
            sex, race, color, religion, ancestry, national origin,  
            disability, medical condition, genetic information, marital  
            status, sexual orientation, citizenship, primary language, or  
            immigration status, are entitled to the full and equal  
            accommodations, advantages, facilities, or services, of all  
            business establishments of every kind whatsoever. 







          AB 1887 (Low)                                       Page 2 of ?
          
          

          This bill:

          1)Prohibits any state agency, department, board, authority, or  
            commission, including an agency, department, board, authority,  
            or commission of 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, 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.
             b)   Approving 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  
               couple 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. 

          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 incurred  
            before January 1, 2017, or for the protection of public  
            health, welfare, or safety. 

          3)Requires the Attorney General to develop, maintain, and post  
            on his or her Internet Web site a current list of states that,  








          AB 1887 (Low)                                       Page 3 of ?
          
          
            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, 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.

          4)Specifies that 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 bill.

          5)Makes various legislative findings pertaining to the role of  
            California in promoting fairness and equality and combating  
            discrimination.

          Background

          Purpose of the bill.  According to the author, "California has  
          one of the strongest civil protection laws in the country, the  
          Fair Employment and Housing Act and the Unruh Civil Rights Act.   
          Our laws do not allow government entities or organizations that  
          offer services to the public to discriminate or treat people  
          differently.  AB 1887 will send a strong message to states with  
          laws that discriminate on the basis of sexual orientation,  
          gender identity, or gender expression that such laws are not  
          acceptable to the State of California.  By banning state-funded  
          travel to such states, it sends a signal that we do not tolerate  
          discrimination in our state and beyond our borders."

          Religious Freedom Restoration Act.  In 1993, the Religious  
          Freedom Restoration Act (RFRA) was signed into law by President  
          Bill Clinton in order to "ensure that interests in religious  
          freedom were protected."  Unfortunately, according to the  
          author, "some states have used RFRA laws to allow discrimination  
          laws to allow discrimination towards certain individuals." 








          AB 1887 (Low)                                       Page 4 of ?
          
          

          According to the National Conference of State Legislatures' Web  
          site, as of late 2015, 21 states have enacted some form of RFRA.  
            Some of these bills were in response to the Supreme Court  
          decision in Obergefell v. Hodges, where the Supreme Court ruled  
          that the fundamental right to marry is guaranteed to same-sex  
          couples by both the Due Process Clause and the Equal Protection  
          Clause or of the Fourteenth Amendment to the United States  
          Constitution.  Since then, numerous states have introduced bills  
          that, according to the author, "are designed to allow  
          discrimination against LGBT people in virtually all aspects of  
          their lives."

          For example, North Carolina recently enacted an  
          anti-discrimination law that pre-empts any local  
          anti-discrimination ordinance; because some of the local  
          ordinances bar discrimination on the basis of sexual orientation  
          and gender identity, while the state law does not, the impact of  
          the law is to overturn local measures enacted to protect LGBT  
          rights. 

          Impact.  It is not clear how often state agencies require state  
          employees to travel to other states as part of their employment,  
          or how often boards or commissions require their appointed or  
          elected members to travel to other states as part of their  
          duties.  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 out of state travel "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.

          Suggested amendment.  The bill currently specifies that the  
          prohibition shall not apply to travel that is necessary for the  
          protection of public health, welfare, or safety.  However the  
          bill is not specific about who shall make that determination.   
          Therefore the author might wish to amend the bill to add the  
          following language on page 3, line 23, "as determined by the  
          affected agency, department, board, authority, commission of the  
          affected Legislative office described in subdivision (b)."








          AB 1887 (Low)                                       Page 5 of ?
          
          

          Prior/Related Legislation
          
          AB 229 (Chang, Chapter 770, Statutes of 2015) prevented state  
          agencies from prohibiting state employees traveling on official  
          state business from using transportation network companies or  
          lodging in a short-term rental.

          AB 1732 (Ting, 2016) requires, commencing on March 1, 2017,  
          businesses, places of public accommodation, or state or local  
          government agencies that offer a single-user toilet facility to  
          be designated as an all-gender toilet facility, as specified.   
          (Pending in Senate Transportation and Housing Committee)

          FISCAL EFFECT:                 Appropriation:  No    Fiscal  
          Com.:             Yes          Local:          No


            SUPPORT:  

          Equality California (Co-source)
          National Center for Lesbian Rights (Co-source)
          American Civil Liberties Union of California
          Attorney General, Kamala D. Harris
          BAYMEC
          Berkeley City Council
          California Secretary of State, Alex Padilla
          California Teachers Association
          City of West Hollywood
          Consumer Attorneys of California
          Fiona Ma, State Board of Equalization
          Los Angeles County Board of Supervisors
          Los Angeles LGBT Center
          Porterville Democratic Club
          Rainbow Chamber of Silicon Valley
          Santa Clara County Board of Supervisors
          Santa Cruz County Board of Supervisors
          Secular Coalition for California
          Stonewall Democrats of Tulare County

          OPPOSITION:

          None received

          ARGUMENTS IN SUPPORT:    Equality of California states that "as  








          AB 1887 (Low)                                       Page 6 of ?
          
          
          states like North Carolina and Mississippi seek to target and  
          jeopardize the lives of the LGBT citizens, others have just as  
          forcefully opposed these efforts.  Businesses, cities, and other  
          states are taking a firm stand against this dangerous  
          scapegoating of and backlash against LGBT people and their  
          families.  AB 1887 would ensure that California is part of that  
          nationwide effort.  California is a leader when it comes to  
          protecting the rights of its LGBT citizens and their families.   
          The laws targeted by AB 1887 are completely out of step with  
          California's values and laws."

          DUAL REFERRAL:  Senate Judiciary Committee