(1) Legislators are entitled to a salary commensurate to that of For the daily rate for an employee earning $10.33 an hour when legislators serving the in regular session the legislative session beginning of in January 2027, the legislature in which they serve is convened under 5-2-103 for those days during which the salary of each legislator legislature is in session. The hourly must rate must be adjusted determined by any statutorily required pay increase. The president of multiplying 80% times the senate and average hourly wage for the speaker state of Montana, all industry types, posted by the house must receive an additional $5 a day in salary for those days during which United States bureau of labor statistics from the legislature is in session. most recently published quarter of employment and wages data. For the legislators serving in the legislative session beginning in January 2029 and any subsequent biennium, the salary of each legislator must be determined to be equal to the average hourly wage for the state of Montana, all industry types, posted by the United States bureau of labor statistics from the most recently published quarter of employment and wages data. The average hourly rate must be calculated by dividing the average weekly wage by 40 hours. The president of the senate and the speaker of the house must receive an additional $5 a day in salary for those days during which the legislature is in session.

(2) Legislators may serve for no salary.

(3) Subject Legislators to are subsection (4), legislators are entitled to a daily allowance, 7 days a week, during a legislative session, as reimbursement for lodging, breakfast, lunch, dinner, and incidental expenses incurred in attending a session. Expense payments must stop when The amount of the legislature recesses for more than 3 days and resume when daily allowance is equal to the legislature reconvenes. amount an employee of the executive branch of the federal government is generally entitled to receive as per diem for lodging, breakfast, lunch, dinner, and incidental expenses while away from home in the city of Helena but serving in the United States. Expense payments must stop when the legislature recesses for more than 3 days and resume when the legislature reconvenes.

(4) After November 15, and prior Legislators are entitled to December 15 of each a even-numbered year, the department mileage of allowance administration shall conduct a survey as provided in 2-18-503 of for each mile the of allowance for daily expenses travel to of the legislators for place the of states the holding of North Dakota, South Dakota, Wyoming, and the Idaho. The department shall include the average daily expense allowance for Montana legislators in determining session and to return to their place of residence at the average daily rate for legislators. The department shall include only states with specific daily allowances conclusion in the of calculation of the average. If the average daily rate is greater than the daily rate for legislators in session. Montana, legislators are entitled to a new daily rate for those days during which the legislature is in session. The new daily rate is the daily rate for the prior legislative session, increased by the percentage rate increase as determined by the survey, a cost-of-living increase to reflect inflation that is calculated pursuant to 2-15-122(5)(a), or 5%, whichever is less. The expense allowance is effective when the next regular session of the legislature in which the legislators serve is convened under 5-2-103.

(5) Legislators are entitled In addition to a the mileage allowance as provided in for 2-18-503 for each mile in subsection (4), legislators, on submittal of travel an appropriate claim for mileage reimbursement to the place of the holding of the session and to return to their place of residence legislative services division, are entitled to: at the conclusion of the

(a) three additional round trips to their place of residence during each regular session; and

(b) additional round trips as authorized by the legislature during special session.

(6) In addition Legislators are not entitled to the any additional mileage allowance provided under for subsection in subsection (5), legislators, upon submittal of an appropriate claim (4) for mileage reimbursement to the legislative services division, are entitled to: a special session if it is convened

(a) three additional round trips to their place of residence during each regular session; and

(b) additional round trips as authorized by the legislature during special session.

(7) Legislators are not entitled to any additional mileage allowance under subsection (5) for a special The department session if it is convened within 7 days of a regular session. administration shall work with the legislative services division to offer options to legislators to receive their session salary provided for in subsection (1) over the 2-year legislative term or a portion of the term. The options must be offered to all legislators in order to assist legislators to manage their income over the term. The per diem allowance and mileage as provided in this section, salary during a special session as provided in 5-3-101, and the salary during the interim as provided for in 5-2-302 may not be affected.

(8) The department of administration shall work with the legislative services division to offer options to legislators to receive their session salary provided for in subsection (1) over the 2-year legislative term or a portion of the term. The options must be offered to all legislators in order to assist legislators to manage their income over the term. The per diem allowance and mileage as provided in this section, salary during a special session as provided in 5-3-101, and the salary during the interim as provided for in 5-2-302 may not be affected.

Compensation and expenses for members while in session