Restricted Travel Update

The California State Attorney General announced the addition of four states to Assembly Bill 1887, the law restricting the funding or sponsoring of state business travel to states with discriminatory laws.  San Jose State University (SJSU) will use the announcement date of June 22, 2017 to put into effect the travel restrictions to the additional states.  The new states are:

  • Alabama
  • Kentucky
  • South Dakota
  • Texas

The original four states are:

  • Kansas
  • Mississippi
  • North Carolina
  • Tennessee

Background

As of January 1, 2017, the CSU Travel Policy and Procedures has been revised to comply with Assembly Bill 1887, which added Section 11139.8 to the Government Code relating to discrimination and was approved by the governor in September, 2016.  As a result of this  law, it has been determined that SJSU and its auxiliaries, will be restricted from requiring employees to travel to certain states, and are prohibited from approving funding or sponsoring travel to those states with laws enacted to void or repeal discrimination protections, or, to authorize or require discrimination.

Exceptions to the prohibitions that may be granted, and of note to SJSU and its auxiliaries, include the following (see SJSU Travel Guide for the complete list):

  • To meet contractual obligations incurred before January 1, 2017.
  • To participate in meetings or training required by a grant or required to maintain grant funding.
  • For the protection of public health, welfare, or safety, as determined by the CSU or other state agencies.

The list of affected states is maintained on the California State Attorney General website, State of California Department of Justice.  Travelers and approvers are required to check the website when planning out-of-state travel.

If you have any questions, please contact:

  • Gail Finney, Director, Finance Support at 408-924-1683 or by email gail.finney@sjsu.edu
  • FinanceConnect at 408-924-1558 or by email financeconnect@sjsu.edu

References

Update: AB1887 State Travel Prohibition – Four Additional States

Last Thursday, June 22, 2017, California Attorney General Xavier Becerra announced four additional states that are now included in the AB1887 Travel Prohibition.  The states are:

  • Alabama
  • Kentucky
  • South Dakota
  • Texas

Please note: There has been no mention of an effective date for the additional restricted states, nor any guidance regarding existing travel taken or authorized since AB1887’s original effective date of January 1, 2017.  We will send updates to this message as soon as possible.

Link to the Dept of Justice/Office of the Attorney General AB1887 website: https://oag.ca.gov/ab1887.
If you have any questions, please contact FinanceConnect at financeconnect@sjsu.edu or 4-1558.

CSU Travel Policy Revision Update

Please review the following updated information regarding the CSU Travel Policy and Procedures revision to comply with Assembly Bill 1887, which added Section 11139.8 to the Government Code relating to discrimination and became effective January 1, 2017.

The California State Attorney General, required to maintain the list of states subject to the new travel prohibitions, recently posted the list on the OAG website. The states currently affected are:

  1. Kansas
  2. Mississippi
  3. North Carolina
  4. Tennessee

Travelers and approvers are required to check the website when planning out-of-state travel. For more information regarding the travel prohibition and how it affects university business travel, please refer to CSU Travel Policy Revision announcement.  Travel restriction applies to San Jose State University and the Auxiliaries.

Please forward this message to any staff or faculty you feel should be notified.  If you have any questions, please contact Finance Support at financeconnect@sjsu.edu or 408-924-1558.

Below are FREQUENTLY ASKED QUESTIONS REGARDING Assembly Bill 1887 (or click on csu-travel-ab-1887-faq for the PDF)  provided by the Chancellor’s Office:
  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 the 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 AB1887 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 (including auxiliary organization funds which have limited flexibility on a case-by-case basis to be determine by the campus) 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).
  5. How do I find the states 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 State 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 if I booked my travel prior to January 1, 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 effected 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. The same logic will apply as states are added to the website. Campuses should have a procedure in place to check the Attorney General’s website prior to making any travel reservations.
  8. Can I invite prospective employee, speakers, or consultants from states on the Attorney Generals 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.
  9. What are the exceptions to AB1887 travel prohibitions?  Exceptions to AB1887 (https://oag.ca.gov/ab1887) travel prohibitions are as follows:

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.
7. 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.