A citizens group will file suit today contending that state legislators have unlawfully paid themselves by raising daily compensation payments and accepting daily living expenses without being required to justify their expenses.

The suit says the actions of the lawmakers violate the state Constitution, and argues that legislators who have accepted the most recent per diem raises -- now $96 a day in the Senate and $77 a day for the House -- should either return the additional payments or be declared ineligible to run for reelection.

The suit will be filed this morning in Ramsey County District Court by four members of a group called Citizens for Rule of Law, which seeks to hold government officials accountable.

Their complaint focuses on provisions in the state Constitution that prohibit compensation increases from being enacted during the same period in which those voting on the increases are in office. Last year, the Senate voted to increase its per diem compensation from $66 to $96. The House per diem expenses were increased from $66 to $77. Additionally, the group contends that both House and Senate members violate state law because they are not required to file invoices or other statements documenting their expenses to receive the payments.

"What we are looking for is transparency in the system. They should have nothing to hide," said Erick Kaardal, the attorney filing the suit.

Minnesota's House and Senate members are considered part-time legislators, receiving $31,400 a year in salary. The rate has not been raised since 1999. They are also allowed to collect per diem for travel and living expenses during the legislative session or while performing legislative duties.

Last year, taxpayers paid out $1.7 million in per diem, mileage and other payments to senators, and $1.3 million to members of the House.

MARK BRUNSWICK