TENNESSEE SENATE JOINT RESOLUTION relative to state travel bans

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TENNESSEE SENATE JOINT RESOLUTION

A RESOLUTION relative to state travel bans.

WHEREAS, California has passed legislation banning state-sponsored travel to
Tennessee and certain other states; and

WHEREAS, the ban stems from legislation enacted by Tennessee that allows
counselors to refer patients to other counselors who can better meet their goals, which the California State Legislature has judged to be morally reprehensible; and

WHEREAS, California’s attempt to influence public policy in our state is akin to
Tennessee expressing its disapproval of California’s exorbitant taxes, spiraling budget deficits, runaway social welfare programs, and rampant illegal immigration; and

WHEREAS, Tennessee is pleasantly surprised that California will not be sending its
economic development teams to Tennessee to recruit our businesses, but we can still send our teams to recruit their businesses; and

WHEREAS, Tennessee is puzzled why California thinks it is a good idea to prohibit its
state colleges and universities from participating in athletic competition in Tennessee (March Madness comes to Memphis this year via the South Regional), Kansas, Mississippi, and North Carolina; and

WHEREAS, this type of ban, the result of legitimate disagreements about government
policy, is neither persuasive nor productive for either party and will lead to economic warfare among states, as one sovereign entity attempts to tell an equally sovereign entity how to conduct its affairs by restricting travel thereto; and

WHEREAS, the United States Constitution provides for a strong federal government for
the common defense, but the Tenth Amendment grants the several states sovereignty in addressing issues solely within their jurisdiction, and all states should respect this most basic precept of American government; and

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WHEREAS, if states such as California persist in banning travel to Tennessee as a
punitive action for this body conducting its constitutionally mandated duties as its members see fit, our state leaders should consider strong reciprocal action in banning state-sponsored travel to those misguided states; now, therefore,

BE IT RESOLVED BY THE SENATE OF THE ONE HUNDRED TENTH GENERAL
ASSEMBLY OF THE STATE OF TENNESSEE, THE HOUSE OF REPRESENTATIVES
CONCURRING, that we urge and encourage the Governor, the Speaker of the Senate, and the Speaker of the House of Representatives to ban state-sponsored and state-funded travel within their respective jurisdictions to any state of the Union that has banned state-sponsored travel to Tennessee in a selective way, so that the other states feel the pain and not Tennessee.

BE IT FURTHER RESOLVED, that we urge the other forty-eight states to refrain from
imposing their unfounded moral judgment on their sister states as California has done in order to prevent escalating foolishness.

BE IT FURTHER RESOLVED, that a certified copy of this resolution be transmitted to
the National Conference of State Legislatures, the Council of State Governments, and the
American Legislative Exchange Council and that a certified copy of this resolution be sent electronically to each member of each state legislative body in the nation, so they may also consider taking action against this type of blackmail


The higher than Thou Californians wish to use their perceived clout to persecute Christians, and reject religious freedom laws. In actuality, the Godless Californians, are violating the rights of all Christians with their foolish actions.

The Tennessee law that the foolish Californians targeted as unacceptable was one that said therapists who work with parents don’t have to counsel same-sex couples if that goes awry to their religious beliefs.

The Texas law was one that allowed adoption agencies to work with parents, but not same-sex parents, but relieved any legal penalty where an individual counselor’s religious views would be in conflict if they refused to counsel.

The other state laws the foolish Californians found unacceptable were in a similar vein.

The ban will have mega and wide-ranging consequences, in for college sports.

For instance, college coaches of University of California schools may not be able to receive funding for travel when their teams play in Texas, Tennessee, and all the other banned states. California’s travel ban has already caused confusion and chaos for college football schedulers.

So then, no more college football for the foolish Californians? The UCLA Bruins have a football game in Tennessee; the Cal Bears play in North Carolina and San Jose State Spartans head to the University of Texas at Austin.

CALIFORNIA PROHIBITION ON STATE-FUNDED AND STATE-SPONSORED TRAVEL TO STATES WITH DISCRIMINATORY LAWS (ASSEMBLY BILL NO. 1887)

In AB 1887, the California Legislature determined that “California must take action to avoid supporting or financing discrimination against lesbian, gay, bisexual, and transgender people.” (Gov. Code, § 11139.8, subd. (a)(5).) To that end, AB 1887 prohibits a state agency, department, board, or commission from requiring any state employees, officers, or members to travel to a state that, after June 26, 2015, has enacted a law that (1) 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; (2) authorizes or requires discrimination against same-sex couples or their families or on the basis of sexual orientation, gender identity, or gender expression; or (3) 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. (Gov. Code, § 11139.8, subds. (b)(1), (2).) In addition, the law prohibits California from approving a request for state-funded or state-sponsored travel to such a state. (Gov. Code, § 11139.8, subd. (b)(2).)

The travel prohibition applies to state agencies, departments, boards, authorities, and commissions, including an agency, department, board, authority, or commission of the University of California, the Board of Regents of the University of California, and the California State University. (Gov. Code, § 11139.8, subd. (b).)

The law also requires the Attorney General to develop, maintain, and post on his Internet Web site a current list of states that are subject to the travel ban. (Gov. Code, § 11139.8, subd. (e).)

States Subject to AB 1887’s Travel Prohibition

The following states are currently subject to California’s ban on state-funded and state-sponsored travel:

  1. Alabama
  2. Kansas
  3. Kentucky
  4. Mississippi
  5. North Carolina
  6. South Dakota
  7. Tennessee
  8. Texas

Exceptions

The Legislature created exceptions in AB 1887 that allow travel to banned states in certain circumstances. (Gov. Code, § 11139.8, subd. (c).) These exceptions only apply if travel to a subject state is “required.” (Ibid.)

Specifically, AB 1887 does not apply to state travel that is required for any of the following purposes:

    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 subject to the travel prohibition.
    7. 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.

(Gov. Code, § 11139.8, subd. (c).)

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