Wisconsin, Ohio and Indiana have more in common than great college football and basketball teams. Each has recently seen an out-of-state exodus of state lawmakers in order to stall or foil legislation that they don’t want to see passed. Or that they don’t want to be responsible for.
Though I would have rather seen the in-state USC Trojans in the Rose Bowl than the out-of-state Wisconsin Badgers, I’ve wondered if the fleeing of Democrat lawmakers from those various Midwestern states, to duck tough votes, might have any precedent in California for Republican lawmakers that might otherwise want to avoid their responsibilities in Sacramento.
I did consult with some esteemed co-counsel, and here is what I found out: in California, legislators are prohibited by state law from accepting payments for work related to the performance of their legislative functions. Gov. Code 8920(b)(4) and Legislative Joint Rule 44. Accepting payments that conflict with their work during the legislative session is illegal. Accepting payments for lodging, meals, etc., for an "out-of-state travel" (i.e., a "walkout") to avoid performance of legislative duties (which is “work related to performance of legislative functions”) would be prohibited by law.
The only exception is receipt of travel payments for a bona fide out-of-state speech, and that is regulated by the FPPC. Under a specific statute, receipt of a payment for travel outside the state to avoid legislative duties is not allowed. Government Code Section 8922. A violation of the Political Reform Act can be a civil or administrative violation, and of course California’s sometimes media-mad District Attorneys have criminal prosecution authority against state legislators who violate the rules.
The Badgers were undefeated at home last season till the TCU Horned Frogs held on for a 21-19 win in Pasadena. Maybe those Wisconsin kids just should have stayed home!
