Legislative per diem increase stands

Appeals court clears way for lawmakers to get increases in daily payments voted on during their terms in office.

By MARK BRUNSWICK, Star Tribune

Last update: July 28, 2009

The Minnesota Court of Appeals has let stand a ruling that Minnesota's legislators can grant themselves an increase in daily payments without violating the state's constitution.

A citizens group had challenged whether the Legislature could increase its own payments, called "per diem," because the constitution prohibits increases in compensation during the same term the elected officials hold office.

The court said the per diem payments are not defined as compensation under law.

A group called Citizens for Rule of Law filed suit in 2008 accusing lawmakers of violating the state's constitution when they approved increases that brought daily payments to $96 in the Senate and $77 in the House. The suit asked that legislators who accepted the increases either be required to return the additional payments or be declared ineligible to run for reelection.

A Ramsey County court dismissed the lawsuit. In its ruling, the three-judge panel said legal precedent established that the daily allowances were not defined as compensation under the strictest legal interpretation, which is "remuneration and other benefits received in return for services rendered."

Minnesota's House and Senate members are considered part-time legislators and their $31,140 annual salaries have not been raised since 1999.

Legislators collect per diem for travel and living expenses during the legislative session or while performing legislative duties. The per diem payments, which can amount to more than the actual salary for many legislators, have become the subject of debate in recent years, with critics suggesting legislators hide actual pay increases in their per diem payments.

Erick Kaardal, an attorney for the group, said they plan to appeal to the state Supreme Court.

"Too many people in the system don't appreciate the checks and balances and they tend to just want to get along," Kaardal said.

"For the checks and balances to work well you need each of the branches overlooking the others."

Mark Brunswick • 651-222-1636

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