BILL ANALYSIS Ó
AB 1887
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1887 (Low)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |54-21 | (May 9, 2016) |SENATE: |26-12 |(August 17, |
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Original Committee Reference: JUD.
SUMMARY: Prohibits a state agency and the Legislature from
requiring its employees to travel to states that discriminate on
the basis of sexual orientation, gender identity, or gender
expressions, or approving state-funded travel to such states,
except as provided. Specifically, 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) Require any of its employees, officers, or members to
travel to a state that, after June 26, 2015, has enacted a
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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) 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.
2)Specifies that the prohibition created by this bill does not
apply to travel that is required for any of the following
purposes:
a) Enforcement of California law, including auditing and
revenue collection.
b) Litigation.
c) To meet contractual obligations incurred before January
1, 2017.
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d) To comply with requests by the federal government to
appear before committees.
e) To participate in meetings or training required by a
grant or required to maintain grant funding.
f) 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).
g) 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).
3)Requires the California 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 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.
The Senate amendments:
1)Extend the application of the bill to the state Legislature.
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2)Expand the types of travel exempted from the bill's provisions
and clarify the affected agency shall determine whether the
travel is necessary for the public health, welfare, or safety.
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. Specifies that this section does not
apply to legislators or their staff. (Government Code Section
11032.)
2)Provides, under the Unruh Civil Rights Act, that all persons
within this state are free and equal, and 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. Defines
"sex" to include gender identity and gender expression.
(Civil Code Section 51.)
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: According to the National Conference of State
Legislatures (NCLS) Web site, as of late 2015, 21 states had
enacted some form of Religious Freedom Restoration Act (RFRA),
at least some of which were passed in response to recent court
cases recognizing same-sex marriage or other rights affecting
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the LGBT (Lesbian, Gay, Bisexual, Transgender) community. For
example, North Carolina recently enacted an anti-discrimination
measure 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. The author and
sponsors believe that such laws and inconsistent are
inconsistent with California values, and that the state should
make a statement against such laws by refusing to require or
fund employee travel to such states.
California Anti-Discrimination Laws: California's two most
significant anti-discrimination laws - the Unruh Civil Rights
Act (Civil Code Section 51) and the California Fair Employment
and Housing Act (Government Code Sections 12900-12996) -
prohibit discrimination on a number of grounds, including most
significantly for purposes of this bill, sexual orientation,
gender identity, and gender expression. According to the author
and sponsors, California has been a leader in protecting the
civil rights of, and preventing discrimination against, the LGBT
community. California's Unruh Civil Rights Act, for example,
prohibits all business establishments "of any kind whatsoever"
from discriminating on the basis of sexual orientation, gender
identity, and gender expression. The author and sponsors
believe it would be inappropriate, given the values expressed in
our laws, to allow state funds to support states with
discriminatory laws. As a step in this direction, therefore,
this bill would prohibit state agencies from requiring employees
to travel to states that discriminate against the LGBT
community, as defined.
Specifically, this bill would prevent any state agency or the
Legislature from requiring any of its employees or officers to
travel to a state with discriminatory laws, or from approving
any state funding for travel to such states. For purposes of
this bill, required travel or travel-funding would prohibited 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
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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. In
addition, the bill would require the Attorney General to
develop, maintain, and post on his or her Internet website a
current list of states that have enacted such laws.
The purpose of the bill is apparently twofold: 1) to prevent a
state agency or legislative office from compelling an employee
to travel to an environment in which he or she may feel
uncomfortable; and 2) to prevent the use of state funds to
benefit a state that does not adequately protect the civil
rights of certain classes of people. However, the bill would
not apply to any travel that is necessary for purposes of law
enforcement or litigation; to meet prior contractual
obligations; to meet specified training or grant obligations; or
to protect public health, welfare, or safety, as determined by
the affected agency or legislative office.
Analysis Prepared by:
Thomas Clark / JUD. / (916) 319-2334 FN:
0004285