Bill Text: CA AB2389 | 2017-2018 | Regular Session | Introduced

California Assembly Bill 2389 (Prior Session Legislation)

Introduced

Bill Title: Discrimination: state employees: travel.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2018-04-03 - In committee: Set, second hearing. Failed passage. Reconsideration granted. [AB2389 Detail]

Download: California-2017-AB2389-Introduced.html

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2389

Introduced by Assembly Member Harper

February 14, 2018

An act to amend Section 11139.8 of the Government Code, relating to discrimination.

LEGISLATIVE COUNSEL'S DIGEST

AB 2389, as introduced, Harper. Discrimination: state employees: travel.

Existing law provides that a person in this state cannot be denied the benefits of, or be subjected to discrimination under, a state program or activity, as specified, on the basis of sex, race, color, religion, ancestry, national origin, ethnic group identification, age, mental disability, physical disability, medical condition, genetic information, marital status, or sexual orientation.

Existing law provides for officers and employees of the state, when away from their headquarters for state business, to receive travel expenses. Existing law prohibits a state agency and the Legislature from requiring any of its employees, officers, or members to travel to, or from approving a request for state-funded or state-sponsored travel to, any state that has enacted a law that voids or repeals, or that 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 that 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, as specified.

Existing law excepts from these provisions travel that is required for specified purposes, including, among other things, to participate in meetings or training required to maintain grant funding and to complete job-related training necessary to maintain licensure or similar standards.

This bill also would exempt travel that is required to attend or to participate in a collegiate academic conference or competition, or a collegiate athletic event, and travel that is required to further recruitment of a prospective collegiate student athlete, from these provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 11139.8 of the Government Code is amended to read:

11139.8.

(a) The Legislature finds and declares all of the following:

(1) California is a leader in protecting civil rights and preventing discrimination.

(2) California’s robust nondiscrimination laws include protections on the basis of sexual orientation, gender identity, and gender expression, among other characteristics.

(3) Religious freedom is a cornerstone of law and public policy in the United States, and the Legislature strongly supports and affirms this important freedom.

(4) The exercise of religious freedom should not be a justification for discrimination.

(5) California must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender people.

(6) It is the policy of the State of California to promote fairness and equality and to combat discrimination.

(b) A state agency, department, board, authority, or commission, including an agency, department, board, authority, or commission of the University of California, the Board of Regents of the University of California, or the California State University, and the Legislature shall not do either of the following:

(1) Require 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.

(2) 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.

(1) Enforcement of California law, including auditing and revenue collection.

(2) Litigation.

(3) To meet contractual obligations incurred before January 1, 2017.

(4) To comply with requests by the federal government to appear before committees.

(5) To participate in meetings or training required by a grant or required to maintain grant funding.

(6) 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).

(7) To attend or participate in a collegiate academic conference or academic competition.
(8) To attend or participate in a collegiate athletic event.
(9) To further recruitment of a prospective collegiate student athlete.
~~(7)~~

(10) 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).

(d) The prohibition on state-funded travel described in this section shall continue while any law specified in subdivision (b) remains in effect.

(e) (1) The Attorney General shall 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, 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, 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) 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 section.