Judge dismisses challenge to lawmakers' per diem

Minnesota State Capitol
Minnesota State Capitol
MPR Photo/Tom Weber

A Ramsey County judge has dismissed a lawsuit challenging increases in the Legislature's daily expense payments.

District Court Judge Kathleen Gearin rejected the lawsuit in an order filed on Friday.

Gearin says the Legislature has the discretion to set its own expense payments and last year's hike in the so-called per diem does not count as a pay raise under Minnesota law.

A group called Citizens for the Rule of Law sought to make lawmakers to repay the state for the per diem, alleging that the higher payments amounted to a covert salary increase.

Senators can claim up to $96 a day in living expenses during the legislative session, while House members qualify for up to $77, after the maximum payments went up last year.

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