Last Updated: October 2, 2023 2:32:28 PM PDT
Alert
As of September 13, 2023, Governor Gavin Newsom signed SB 447 which ends the ban on state funded travel. Former Law AB 1887 is no longer in effect. This update should not impact your upcoming trips, but if you have any questions please contact your fund manager.
Effective January 1, 2017, this law prohibits state-funded travel to a state that has passed a law after June 26, 2015 that (1) authorizes discrimination based on sexual orientation, gender identity, and gender expression, or (2) voids or repeals existing state or local protections against such discrimination. The law identifies the University of California as an entity covered by the law.
The Attorney General maintains a listing of states impacted by this legislation, as well as exceptions: https://oag.ca.gov/ab1887
Alternative funding sources other than state funds should be used for travel after January 1, 2017 where none of the statutory exceptions applies.
Alternative funding sources may include University Core Fund 13991 and Campus Core Fund 13992 (these numbers replaced SOFI funds 99100A and 99200A). Central processing on the back-end of expenditure management will be expanded to include this new constraint and ensure compliance with state law.
Contact your department's business office or financial administrative contact(s) for further guidance. More information about SOFI.
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Does AB 1887 prohibit all travel to states on the Attorney General’s list?
No. AB 1887 prohibits the use of state funds to pay for travel to a state on the Attorney General's list, except where one of the statutory exceptions applies. It does not affect travel that is paid for or reimbursed using non-state funds.
What are the states that the California Attorney General Identified as Subject to the Travel Prohibition?
The Attorney General lists the states impacted by this legislation on their website, whose office is responsible for updates as necessary: https://oag.ca.gov/ab1887
How are “state funds” defined?
State funds have been identified by the system-wide budget office as encompassing all State General Funds and State Special Fund appropriations to a campus. This includes all of the 199XX funds except those that are classified as UC General Funds (i.e.; 19931, 19933, 19934, 19940, 19941, and 19942).
Are SOFI funds "state funds"?
No. The two funds, 13991 (which replaced SOFI University Core Fund 99100A) and 13992 (which replaced SOFI Campus Core Fund 99200A), both of which are unrestricted. However, fund 13991 is partially supported by State General Funds; therefore, travel preparers must be sure to correctly use the specific expenditure account code that identify out-of-state travel (Trip Type:
Out-of-state 536001) This will allow the automated expenditure proration program to correctly assign out-of-state travel expenses to a non-State fund.
What does it mean for travel to be "state funded"?
The statute does not define the term "state funded.” UC's Office of General Counsel 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 to the salaries or time spent by employees who travel to one of the identified states.
What are the exceptions where state-funded travel will be allowed to states on the Attorney General’s list?
The law does not apply to travel that is required for any of the following purposes:
- 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 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).
- 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
What if an athletic team has committed to participate in a bowl game or other competition in an affected state?
If a contract to participate in an event was entered into before January 1, 2017, then it would be permissible to use state funds to travel to participate in a bowl game or other type of sporting competition. If the contract was entered into on or after January 1, 2017, then state funds should not be used for the travel.
Does the law prohibit travel to an affected state for research purposes?
If the travel is necessary to participate in meetings or training required by a grant, or required to maintain grant funding, then reimbursement with state funds is permitted. Otherwise, non state funds should be used to pay for or reimburse the travel expenses.
Can an employee be required to travel to one of the prohibited states on the AG list?
No. California Government Code Section 11139.8(b)(1) prohibits UC from requiring any employee to travel to one of the states on the AG’s list.
Does the law prohibit admissions or athletics recruiters from traveling to states on the Attorney General’s list?
No.
Non-state funds should be used to pay for the travel expenses.
Does UC have a responsibility to continue to monitor the Attorney General's website for additional states that are added to the list of those where state-funded travel is prohibited?
Yes.
UC has the responsibility to consult the list on the Attorney General's website in order to comply with the travel and funding restrictions imposed by the law. However, UC has no obligation to make a determination about whether a state that is not included on the Attorney General list should be.
How is travel that is reimbursed after it occurred handled under this new law?
If travel occurring after January 1, 2017 does not meet one of the exceptions noted above, then it should not be reimbursed with state funds.
May state funds be used for reimbursement of travel to contractors?
Yes. But not for travel expenses to or within the prohibited state if such travel reimbursement is not covered in a contract entered into prior to January 1, 2017. Reimbursement for travel from the prohibited state may be reimbursed in all instances. Travel from a prohibited state, including the return flight back, shall be construed as travel “to” the original destination.
May state funds be used for reimbursement of travel to recruits regarding faculty and staff appointments?
Yes, as long as the travel expenses were not incurred for travel to and within the prohibited state. Reimbursement for travel from the prohibited state may be reimbursed in all instances. Travel from a prohibited state, including the return flight back, shall be construed as travel “to” the original destination.
Can an employee be required to travel to one of the prohibited states on the AG list?
No. California Government Code Section 11139.8(b)(1) prohibits UC from requiring any employee to travel to one of the states on the AG’s list (absent applicability of one of the statutory exceptions listed in Government Code Section 11139.8(c) {see FAQ # 5 above}.