State-funded travel restrictions update
Editor’s note: The list of states was updated on July 19, after Link was published. The bolded states reflect new states added. We have updated this article to avoid confusion.
On September 27, 2016, Governor Jerry Brown signed into law Assembly Bill No. 1887 (AB1887). The travel restriction prohibits state-funded travel to states that have passed a law after June 26, 2015, that:
- Has the effect of repealing existing state or local protections against discrimination on the basis of sexual orientation, gender identity or gender expression; or
- Authorizes or requires such discrimination.
The following states are currently subject to California’s ban on state-funded and state-sponsored travel:
- Alabama
- Arizona – Effective 9/28/22
- Arkansas
- Florida
- Idaho
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana – Effective 8/1/22
- Mississippi
- Montana
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- West Virginia
How are “state funds” defined?
State funds have been identified by the systemwide budget office as encompassing all State General Funds and State Special Fund appropriations to a campus, e.g. D9900. If you are unsure, check with your designated budget coordinator.
What does it mean for travel to be “state-funded”?
The statute does not define the term “state-funded.” UC Legal has interpreted the restriction on the use of state funds to apply to direct expenditures for travel-related costs (e.g. hotel and transportation), but not the salaries or time spent by employees who travel to one of the identified states.
If an outside entity is funding (reimbursing UC) the travel to one of the prohibited states, is it permissible to reimburse the traveler using these funds?
- Assuming the outside entity (third party) is not a California state entity, then:
- The third party itself wouldn’t have any burden of complying with AB 1887; and
- The third party can pay for the travel directly or give UC the money for UC’s use in reimbursing the employee for travel expenses.
The travel restriction went into effect Jan. 1, 2017. For more information, please refer to the California Attorney General website or BRC Travel & Entertainment.
Have a question about this announcement? Contact the Business Resource Center
Tags: BRC, state-funded travel, travel