South Carolina lawmakers not solely lose increase but in addition $1,000 a month in pay after court docket ruling

By JEFFREY COLLINS

COLUMBIA, S.C. (AP) — South Carolina lawmakers improperly gave themselves a $1,500 month-to-month increase, the state Supreme Courtroom dominated Wednesday in a unanimous resolution that can find yourself slicing legislators’ pay by 1000’s of {dollars}.

The justices mentioned the “ in-district compensation ” qualifies as wage, which means the rise can’t take impact till after the 2026 election. The Common Meeting had made the raises fast via a finances merchandise earlier this yr.

The ruling additionally eliminates a $1,000 month-to-month expense fee that each one 46 senators and 124 Home members obtain, lowering their paychecks till legislators approve a brand new proposal.

The swimsuit was introduced by Republican Sen. Wes Climer, who voted towards the increase, and one in every of his constituents.

“Public belief is earned by doing the proper factor, even when it’s unpopular. I opposed this pay increase not as a result of the job isn’t demanding, however as a result of how we govern issues,” Climer mentioned in an announcement after the ruling.

No receipts? Courtroom says meaning further pay is wage, not bills

Throughout arguments earlier than the court docket final month, attorneys for the Home and Senate mentioned the increase was for bills, not wage, and exempt from the ready interval.

The justices rejected that declare, as a substitute siding with Climer’s attorneys who argued lawmakers themselves known as it compensation and since they aren’t required to supply any receipts or documentation, it’s wage.

The court docket acknowledged legislators’ pay hasn’t risen since 1994 and that present compensation is “paltry” in comparison with the calls for of the job. However it famous that till this yr the Common Meeting had honored the constitutional ban on mid-term raises.

“The place a legislative enactment clearly contravenes our structure, we now have an obligation to declare the legislative enactment unconstitutional,” the justices wrote.

Lawmakers warn the pay minimize may hinder public service

When the part-time lawmakers return to the state capitol in January, they’ll get a lump sum of $10,400 for his or her $260-a-day pay for all of 2026. Members are additionally reimbursed for mileage driving to Columbia and a resort room.

The lack of the $1,000 month-to-month fee, which they’ve been getting for many years, stunned many legislators. Some lawmakers mentioned they used their personal non-public salaries for city halls, tools wanted to assist constituents or primary bills.

The ruling in the end hurts the general public, Democratic Rep. Hamilton Grant mentioned, as a result of he expects lawmakers should reduce how they serve their constituents except a politician is independently rich.

“The choice is unlucky and guidelines in favor of political elitism,” Grant mentioned in a textual content message. “Taking a pay minimize on this financial system for any job doesn’t assist working South Carolinians.”

Justices define methods lawmakers may repair the problem

Throughout October arguments, the justices prompt a number of treatments. Lawmakers may have known as and handled the increase extra like an expense fund, delayed paying it till 2027, or separated the brand new cash from current pay so all of it wouldn’t have gone away, the justices mentioned.

The in-district compensation increase was proposed late within the finances course of by Republican Sen. Shane Martin. He spent about 30 seconds on the Senate ground saying the primary increase in 30 years was wanted due to inflation and better prices.

South Carolina already has a few of the lowest-paid legislators within the nation. Comparisons are difficult as a result of they contain wage, bills and mileage, however the mixture of $22,400 for wage and in-district bills is effectively beneath different part-time legislatures like Alabama and Tennessee, in accordance with the Nationwide Convention of State Legislatures.

It’s loads larger than New Hampshire’s $100-a-year plus mileage however effectively beneath full-time lawmakers in California and New York, who earn greater than $100,000 yearly.