Columbia, South Carolina — COLUMBIA, S.C. (AP) — The South Carolina Supreme Court on Wednesday proposed solutions that could have kept lawmakers from going unpaid for months while the court reviews the legality of the June raise.
During oral arguments for the lawsuit brought by a member of the Legislature, the justices said lawmakers could have formally called the fundraising fund an expense fund instead of a reimbursement fund. They could have delayed paying the additional money until 2027 after the next election for all members of the General Assembly, or they could have separated the budget increase from the money lawmakers already receive, so that wouldn’t have happened. He went awayThe judges said.
But none of that happened, so the legislature crossed the street to the South Carolina Supreme Court building so the five justices could weigh in on whether or not they had decided. Increase of $1500 per month It was passed earlier this year and was scheduled to begin in July and is legal.
On one side of the courtroom were the clerks of the Senate and House of Representatives. On the other hand was Senator Wes Clymer, a Republican who filed a lawsuit over the increase, saying that the state constitution prohibits the General Assembly from increasing its salaries until after the election.
The case concerns what lawmakers call “in-district compensation.” Money aside for legislative duties but has few restrictions on how it can be spent. A budget provision, approved by both chambers, increased this compensation from $1,000 per month to $2,500 per month for all 46 senators and 124 members of the House of Representatives starting July 1. This was the first General Assembly salary increase in more than three decades.
Lawyers for the House and Senate stressed that the increase was to cover expenses, not salary, and they were exempted from the waiting period after the elections. Lawyers on the other hand argued that the legislators themselves called it compensation, and since they are not required to provide any receipts or documents, it is a salary.
Chief Justice John Kittredge went back to 1988 with one of his questions when lawmakers changed the name of the payment to “intradistrict compensation.” It was called the “Legislative Expenditure Allowance.”
“They hit the bullseye. There was no doubt why,” Kittredge said.
Lawyers for the General Assembly do not know the reason for the name change.
The budget line item with the increase was tied to a recurring budget line item that pays lawmakers when they are not in session. So, while the lawsuit was pending, the South Carolina Supreme Court issued a decision in late June before overtime pay began, which not only halted the increase, but stopped the $1,000-a-month payment in the same budget line.
Separating line items in the budget would have at least allowed lawmakers to always pay what they have.
The move surprised lawmakers. Some lawmakers said they had to use Special salaries For city halls, equipment needed to assist constituents or common expenses for serving the public.
Depending on how long it takes the justices to rule on Wednesday’s case, lawmakers may not get any additional money for their duties in the General Assembly until the 2026 session begins in January. The part-time lawmakers, who meet three days a week for about four months, will receive a total of $10,400 to account for their $260-a-day compensation.
The South Carolina Supreme Court typically takes months to decide their cases.
Clymer, who filed the lawsuit, said he understands the difficulties lawmakers have using their own money, but the law is the law. For 250 years, he said, it has often been taboo, if not illegal, for legislators to raise their salaries outright.
“This is supposed to be a sacrifice in public service,” Clymer said after the arguments.
The in-district compensation increase was first proposed at the end of the budget process by Republican Sen. Shane Martin. He spent about 30 seconds on the Senate floor saying the first increase in 30 years was necessary because inflation and a world where there are more expenditures means the amount is no longer enough.
South Carolina already has some of the lowest-compensated legislators in the country. Wages are difficult to compare because they include salary, expenses and miles, but the combination of $22,400 for salaries and expenses within the district is much lower than other states with part-time legislatures such as Alabama and Tennessee, according to National Conference of State Legislatures.
It’s much more than the $100 a year plus mileage that legislators get in New Hampshire, but much less than in California and New York, where being a legislator is a full-time job with a salary of more than $100,000 a year.