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SF 5288

Per diem payments prohibition during a regular session of the legislature

2025-2026 Regular Session Introduced by Cal Bahr and 4 co-sponsors

SF 5288 removes per diem during regular sessions and limits legislator compensation to four defined components, with specific timing and mileage rules.

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Bill Summary · SF 5288

Summary of SF 5288 (Minnesota) – 2025-2026 Session

Purpose and intent

  • SF 5288 proposes to prohibit per diem payments to legislators during regular sessions.
  • It also tightens and clarifies compensation structures for legislators, limiting eligible compensation to specific categories.
  • The bill is effective July 1, 2027, allowing time for implementation.

Key provisions and changes

  • Prohibition on per diem during regular sessions

    • Under current practice, legislators may receive per diem living expenses during sessions. SF 5288 removes this during regular sessions.
    • Per diem payments would only be permissible when the legislature is not in regular session, and then only in the amounts and for the purposes determined by each house (Senate for senate members; House of Representatives for house members).

  • Compensation structure and timing

    • Paydays, mileage, and compensation timing are specified:
    • Legislator compensation is due on the first day of the regular session and payable in equal parts on January 15, the first day of each term month, and the first day of each following month.
    • For members elected at a special election, compensation is due on taking the oath and payable within ten days of the oath for the remainder of that month, then in equal monthly parts for the term.
    • Mileage for necessary travel to and from the meeting location and the member’s residence remains authorized (as determined by the Senate for senators and the House for representatives).

  • Compensation limitations (new Subdivision 4)

    • Establishes a limited set of permissible compensation for legislators: 1) A salary prescribed by the Legislative Salary Council (as per section 15A.0825). 2) State contribution to insurance benefits provided to all state employees (under chapter 43A). 3) State contribution to the legislator’s retirement plan (under chapter 3A or 352D). 4) Compensation provided under this section and sections 3.101 and 3.103 (i.e., the ongoing payment structure and any specified related compensation).

Who/what is affected

  • Legislators (both Senate and House members) are directly affected:
    • Per diem during regular sessions would be eliminated.
    • Compensation would be tightly limited to the four categories listed above.
    • Scheduling and payment timing for compensation and mileage are specified.
  • State administration (Secretary of the Senate and Chief Clerk of the House) would have responsibilities:
    • Certification of compensation amounts to the Commissioner of Management and Budget on January 15 and at the start of each term/month.

Procedural and timeline notes

  • Effective date: July 1, 2027.
  • Current status: Introduced and referred to State and Local Government (as of 2026-05-12).
  • Committee action: Referred to the State and Local Government committee for consideration.
  • Sponsor context: Includes multiple co-sponsors (including Erin Maye Quade, Cal Bahr, Amanda Hemmingsen-Jaeger, Heather Gustafson).

Potential impact and considerations

  • The bill aims to align legislator compensation with a stricter per diem policy, reducing potential incentive for extended legislative engagement through per diem allowances during regular sessions.
  • By codifying a limited set of compensation components, the measure seeks to ensure transparency and consistency in how legislators are compensated.
  • Fiscal impact would depend on the current per diem usage and how the new compensation framework interacts with the Legislative Salary Council’s determinations and state employee benefit contributions.
  • Implementation would require administrative adjustments in payroll processes and budgeting, especially regarding timing of payments and the certification requirements to the Budget Director.

Compiled from official sources — confirm details with the bill’s official record.

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