Travel to Prohibited States Under AB1887
Assembly Bill 1887 is a California law that restricts state agencies from requiring employees to travel to any state that has enacted a law that discriminates on the basis of sexual orientation, gender identity, or gender expression. The law also prohibits approval of state-funded or state-sponsored travel (including auxiliary organization funds) to states on the list. The state to be traveled to is the deciding factor for the ability to travel—not the funding source for the travel. AB 1887 travel restrictions are effective January 1, 2017 and apply to all CSU employees, officers, or members, as well as non-employee travelers, including students. For complete text of the bill, please visit the California Legislation information website.
Travelers are required to check the California State Attorney General website for a list of affected states prior to initiating the travel approval process.
Certain exceptions to the AB 1887 travel restrictions may be granted on a case-by-case basis. A detailed description and justification for any requested exception must be provided on the form.
Current prohibited states include:
The following states will be added to the ban on the dates listed:
Idaho
Iowa
Kansas
Kentucky
Mississippi
Ohio
South Dakota
Tennessee
Texas
INSTRUCTIONS FOR COMPLETING AND ROUTING THE REQUEST FORM REGARDLESS OF FUNDING
- Requestor should review the prohibited states list prior to initiating travel request.
- If the state is on the list and there is valid documentation that one of the recognized exceptions exists, fill out the form and attach all relevant documentation.
- Dean or AVP of the College/Department must sign the form and forward to the Provost for approval.
- GRANT (non-state)/FOUNDATION FUNDS: The Provost makes the final determination.
STATE OPERATING FUNDS: The Provost makes the final determination and, if approved, sends the signed form to the VP of Admin & Finance for final approval. It will be returned back to the department if approved. - The Requestor must attach the signed approval to the paper travel authorization.
AB 1887 EXCEPTIONS
- Enforcement of California law, including auditing and revenue collection.
- Litigation.
- To meet contractual obligations incurred before January 1, 2017.
- To comply with requests by the federal government to appear before committees.
- To participate in meetings or training required by a grant or required to maintain grant funding.
- 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.
- For the protection of public health, welfare, or safety, as determined by the CSU or other state agencies.
Clarification of Exception 3
Exception 3: To meet contractual obligations incurred before January 1, 2017.
The current law includes the following states:
- Alabama
- Arkansas
- Florida
- Idaho
- Iowa
- Kansas
- Kentucky
- Mississippi
- Montana
- North Carolina
- North Dakota
- Oklahoma
- South Dakota
- South Carolina
- Tennessee
- Texas
- West Virginia
Unless another state is added to the list in the future, travel to any of the states above does not meet this exception.
If additional states are added in the future, exceptions for pre-existing contractual obligations will also require the obligation to have been in place prior to January 1, 2017. This interpretation has been confirmed by both the CSU Office of General Counsel and the State Attorney General.
Clarification of Exception 5
Exception 5: To participate in meetings or training required by a grant or required to maintain grant funding.
The key word in this exception is “required.” In order for travel to be approved under this section, it must be specifically required as a condition of the grant, or legitimately required in order to maintain the grant funding.
Q: I received a grant to study geological formations within the Black Hills of South Dakota. Does this meet the exception?
A: Most likely, as long as the grant specifically stipulates the research is to occur in South Dakota.
Q: I have agreed to present a paper at a major national higher education conference, which is scheduled in a banned state. Is this travel allowable under the grant exception?
A: No. Unfortunately, there are a number of examples of important travel related to CSU academic and administrative business that do not meet this exception, including board meetings, conferences where faculty or staff are scheduled to present, etc.
Clarification of Exception 6
Exception 6: To complete job-required training necessary to maintain licensure or similar standards required for holding a position, in the evnt that comparable training cannot be obtained in California or a different state not affected.
This exception is specific to training required to hold a particular position. Generally, a requirement that training be completed outside of California as a condition of maintaining a particular position within the CSU happens only in rare circumstances.
Q: The campus recently installed major laboratory equipment in one of the science buildings. As a lab technician, I am required to complete safety training and certification specific to this equipment. The equipment is manufactured in North Carolina. Am I able to travel to North Carolina for this training?
A: Most likely, as long as the traveler has verified that there are no other locations within California or another state where this training is offered.
Q: I work as a contract specialist within the University purchasing dept. As part of my continuing education and to benefit the University, my supervisor approved training through a national board to achieve designation as a certified contract specialist. The training is only available at the certifying board’s Texas headquarters. Am I able to travel to Texas?
A: No. Although this may be important training/certification benefiting both the University and the employee, it is not required as a condition of the employee’s position.
FAQs Regarding Assembly Bill 1887
Please find below a list of questions that the Chancellor’s Office (CO) has received as a result of the implementation of this policy. CO staff will continue to update this document as further questions surface. It is recommended that each campus have procedures in place to ensure the requirements of AB1887 are adhered to and that any travel completed under the exceptions are approved and documented.
1. What is Assembly Bill 1887 (AB1887)?
AB1887 is a California law that restricts state agencies from requiring its employees to travel to any state that has enacted a law that discriminates on the basis of sexual orientation, gender identity, or gender expression. For a complete text of the bill, please visit the California Legislation information website, http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB1887
2. When do AB1887 CSU Travel restrictions go into effect?
AB1887 CSU travel restrictions are effective January 1, 2017.
3. Who does AB1887 apply to?
AB1887 applies to all CSU employees, officers, or members, as well a non-employee travelers, including students.
4. How does AB 1887 affect CSU Travel?
As a result of this new law, the CSU is restricted from requiring employees to travel to certain states. Additionally, the CSU is prohibited from approving state-funded or state-sponsored travel to those states. The state to be traveled to is the deciding factor for the ability to travel, not the funding source for the travel, unless one of the documented exceptions is met (see FAQ #7). Per the memorandum issued by Steve Relyea, dated July 27, 2017 (“Travel Ban and Monies Under GC 1139.8”), monies that are appropriated by the legislature, either as part of the budget process or continuously appropriated (e.g., tuition and fees) may not be used to pay for travel to the current list of banned states unless the travel falls under one of the exceptions noted in the legislation. Monies received by a campus auxiliary organization may be used for such travel, consistent with campus and auxiliary policies. Private funds may also be used for such travel.
5. How do I find the sttaes that are on the list?
The complete list of affected states will be maintained on the California State Attorney General’s website, https://oag.ca.gov/ab1887.
6. Can I refuse to travel to the states on the California Stae Attorney General's website?
Yes, the CSU cannot require an employee, officer, or member to travel to the affected state, unless the travel meets one of the exceptions.
7. What are the exceptions to AB1887 travel prohibitions?
Exceptions to AB1887 (https://oag.ca.gov/ab1887) travel prohibitions are as follows: Enforcement of California law, including auditing and revenue collection.
- Litigation.
- To meet contractual obligations incurred before January 1, 2017.
- To comply with requests by the federal government to appear before committees.
- To participate in meetings or training required by a grant or required to maintain grant funding.
- 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.
- For the protection of public health, welfare, or safety, as determined by the CSU or other state agencies.
Any travel completed using the above exceptions to prohibited travel per the AB, must contain documented approval of the exception.
8. What if I booked my travel prior to January 1, 2017, how am I to handle trips to States listed on the Attorney General's website?
If travel arrangements were made and/or paid for to an affected state prior to the law’s effective date, then the university will reimburse for all travel expenses incurred before and after the law’s effective date. Campuses should have a procedure in place to check the Attorney General’s website prior to making any travel reservations.
9. What is the effective date for the travel ban to states that were added to the list after January 1, 2017?
The travel ban applies to all states on the Attorney General’s list – regardless of when added – as of January 1, 2017. This means that if you were authorized to travel to a state after January 1, 2017, but the state is later added to the banned states list, and you plan to travel to this state after its addition to the list, you may not be reimbursed for the travel and it must be cancelled, approved through the campus exception process, or funded using a private or non-state source.
10. Can I invite prospective employees, speakers, or consultants from states on the Attorney General's list?
Yes. AB1887 applies to the states that one is traveling to, not the states that one is traveling from. The CSU can reimburse for travel expenses of someone traveling from a state on the Attorney General’s website.
11. Can I attend a webinar that is hosted from a State that is on the Attorney General's list?
Yes, as long as you are not traveling to a banned state to participate in the webinar.
12. Is it okay if a traveler must transit through a banned state in order to attend a conference or meeting in a non-banned state?
Travelers are encouraged to avoid travel into a banned state, however occasionally that is the only viable travel option. Travelers should make sure their travel authorization clearly states the reason for the trip into the banned state and receive approval to proceed.
13. Am I allowed to travel to a federal Native American reservation?
I am working with a faculty member who is interested in taking a group of students to a federal Native American reservation in South Dakota, just over the Nebraska/South Dakota border. Since it is a federal Native American reservation, is it still considered to be part of the ban?
No, tribal land is considered separate from the state, in this case South Dakota which is part of the ban.
14. An event was planned in a banned state prior to the California Attorney General adding that state to the banned list. Can we participate in the event since it was pre-planned?
In general, it doesn’t matter that the event was planned prior to the state being named on the list. If the travel arrangements were not made, and purchased, prior to the state being named on the list this travel will not fit into the “contractual obligation” exception.
Funding Exceptions
Campus Non-State Funds:
In cases where travel does not meet the exceptions above, but a divisional VP deems it vital to the University, the use of certain “non-state” auxiliary or private monies to fund the travel may be considered. Auxiliary funds generated through student fees (e.g. Student Union, AS) may not be used for travel to banned states. Requests for use of specific auxiliary or private monies will be referred to the VP for Academic Affairs for approval using the form Request to Travel to Prohibited States.
Other Circumstances:
There are cases where an outside (i.e. “private”) party may offer to pay the travel expenses of a CSU employee. For example, a conference organizer might offer to pay for the travel of a CSU employee participating on a panel. Depending upon the specifics of the case, these types of arrangements may or may not comply with CSU and federal conflict of interest and gift reporting policies. Employees are advised to request guidance through the University travel office in advance of agreeing to such an arrangement.
