MODEL BILLS

Justice in Government-Funded Travel Act

Summary: A number of states are now overtly engaged in discrimination based on sexual orientation or gender identity. The Justice in Government-Funded Travel Act prohibits or limits government-financed travel to states that have enacted laws practicing such discrimination.

Background: In late June 2021, the California Attorney General expanded to 17 the number of states where state government-financed travel is banned or restricted because the laws of those states discriminate based on sexual orientation or gender identity. The 17 states are: AL, AR, FL, ID, IA, KS, KY, MS, MT, NC, ND, OK, SC, SD, TN, TX, WV.

Model based on California AB 1887 (2016)

SECTION 1. SHORT TITLE

This Act shall be called the “Justice in Government-Funded Travel Act.”

SECTION 2. FINDINGS AND PURPOSE

(A) FINDINGS—The legislature/council finds that:

1) This state/city/county is a leader in protecting civil rights and preventing discrimination.

2) This state/city/county’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 state/city/county strongly supports and affirms this important freedom, but the exercise of religious freedom should not be a justification for discrimination.

4) This state/city/county must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender people.

5) It is the policy of this state/city/county to promote fairness and equality and to combat discrimination.

(B) PURPOSE—This law is enacted to prevent the use of taxpayer funds to support discrimination.

SECTION 3. LIMITATION ON GOVERNMENT-FINANCED TRAVEL

After section XXX, the following new section XXX shall be inserted:

(A) LIMITATION AND PROHIBITION

1) A state/city/county agency, department, board, authority, or commission, including an agency, department, board, authority, or commission of the [list educational entities] and the Legislature/Council shall not do either of the following:

a) Require any of its employees, officers, or members to travel to a state that 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; or

b) Approve a request for government-funded or government-sponsored travel to a state that 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) This subsection shall not apply to travel that is required for any of the following purposes:

a) Enforcement of state or local law, including auditing and revenue collection;

b) Litigation;

c) To meet contractual obligations incurred before the date this subsection takes effect;

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 in-state or a different state not affected by this subsection; or

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 this subsection.

3) The prohibition on government-funded travel shall continue while any law specified in this subsection remains in effect.

(B) REPORTING AND ENFORCEMENT

1) The Attorney General shall develop, maintain, and post on the office’s Internet website a current list of states that 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 this subsection to consult the list on the Internet website of the Attorney General in order to comply with the travel and funding restrictions imposed by this section.

SECTION 4. EFFECTIVE DATE

This law shall become effective on July 1, 202X.