In Columbia, South Carolina, the disbursement of funds to state legislators during periods when they are not convening has been halted by the state Supreme Court. This decision emerges as the justices review a lawsuit initiated by one of their own, Senator Wes Climer, who claims that lawmakers have unlawfully awarded themselves an $18,000 annual pay raise.
The controversial increase is tied to “in-district compensation”—a sum earmarked for legislative responsibilities with minimal restrictions on its usage and no requirement for receipts or documentation.
In the budget slated to commence on July 1, legislators voted to boost this compensation from $1,000 to $2,500 monthly for each of the 46 senators and 124 House representatives. Republican Senator Climer contends that this hike transgresses the state constitution, which prohibits them from augmenting their per diem while in office. House members could receive an extra 18 months of this compensation, while senators could benefit from over three years of supplementary payments before they face reelection.
According to legal representatives for the House and Senate, the funds do not constitute a “per diem” as they are not part of the legislators’ salaries. Instead, they are seen as reimbursement for expenses, albeit with no documentation requirements.
Furthermore, they claim this adjustment does not impose an extra financial burden on taxpayers, as the money is drawn from an already allocated budget to maintain the legislature’s operations.
Traditionally, this compensation has been issued monthly. However, neither the long-standing $1,000 nor the proposed $2,500 increase will be deposited in legislators’ accounts in July, following the Supreme Court’s mid-week decision to pause the related budget item pending a ruling.
The court has outlined a timetable with a deadline for final legal submissions set for early September, implying that legislators won’t receive payments for a minimum of two months.
Should the justices determine that the raise is permissible, lawmakers will receive retroactive pay that includes both the raise and their regular earnings.
In South Carolina, the state’s Supreme Court justices are elected by the Legislature, creating an intricate relationship between the lawmakers and the judiciary.
In addition to the in-district funds, legislators receive an annual salary of $10,400, which remains unchanged since 1990, as well as allowances for meals, travel to the state capital, and accommodation during sessions.
Serving as part-time officials, they meet three days a week from January through May. Outside the in-district compensation, they do not earn money while the Assembly is in recess.
The proposal for the raise emerged from Republican Senator Shane Martin late in the budgeting process as a proviso, dictating how funds are utilized for one year. The monthly stipend had not seen an increase in about three decades, and Martin justified the raise as necessary to counteract inflation. The enhanced compensation is intended to cover costs associated with equipment purchases, traveling to district events, and organizing town halls.
Notably, over 40 members of the state’s 170-person General Assembly, all of whom are Republicans, have chosen to decline the increased compensation.