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 ----------------------------------------------------------------- |Author: |Low | |-----------+-----------------------------------------------------| |Version: |4/7/2016 Amended | ----------------------------------------------------------------- ------------------------------------------------------------------ |Urgency: |No |Fiscal: |Yes | ------------------------------------------------------------------ ----------------------------------------------------------------- |Consultant:|Felipe Lopez | | | | ----------------------------------------------------------------- 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