Frequently Asked Questions About Per Diem and Legislators’ Expenses

What is “per diem”? It is a Latin term meaning “for the day” and is used to describe the payment of expenses for elected and appointed officials.

What is the authority for paying legislators’ expenses? Pursuant to Section 4(b) of Article IV of the California Constitution, state legislators are compensated for their travel and living expenses associated with their official duties.

Is there any limitation on per diem? The limitation contained in the state Constitution is that legislators may not receive travel and living expenses during the times that the Legislature is in recess for more than three calendar days, unless the legislator is attending official legislative functions.

Is there any statutory guidance on per diem? A statute is required to prescribe the details of this provision of the state Constitution. In that regard, Government Code Section 8902 provides that, during those times that a Member of the Legislature is required to be in Sacramento to attend a session of the Legislature, as well as during those times that a member is attending legislative functions, the legislator is entitled to be reimbursed for living expenses.

How is the rate of per diem set? The rate is established by the California Department of General Services.

How many states pay their legislators per diem? While there are only 10 states, including California, that are considered to have full-time legislatures, 41 states pay per diem to their state legislators. Moreover, while 9 states do not pay per diem, 2 of those states have an expense allowance and 1 of those states reimburses legislators for expenses incurred for food and travel.

What per diem amount do other states pay their legislators? The following is a list of some of the states with the highest per diem payments to their legislators:

Virginia $211

Texas $221

Tennessee $295

Hawaii $225

California $211

Alaska $293

Colorado $219

Which states pay for a retirement plan for their legislators? Most states provide a retirement plan for their legislators, even though most are not full-time legislatures. However, California does not provide any retirement pay its state legislators.