COLUMBIA — Legislators illegally gave themselves a pay raise this year, the state Supreme Court ruled Wednesday in an order that strikes both their normal allowance and the hike.
A clause in the state budget called for legislators to receive $18,000 more annually in so-called “in-district compensation,” which is meant to cover expenses outside of the Statehouse. But the state Supreme Court paused those payments before they ever began after a GOP senator sued in protest.
Instead of getting a raise, legislators have taken a pay cut since the budget took effect July 1. That’s because the challenged budget clause is also what’s provided legislators $12,000 yearly for in-district costs since 1995. The high court’s ruling means the monthly payments they’ve already missed aren’t just suspended. They’re gone for the fiscal year.
“No matter how well-intentioned or long-overdue, the result of the 126th General Assembly’s increase in in-district compensation without either limiting language in the proviso or delaying implementation of the increase to the seating of the 127th General Assembly is to increase its own compensation, which our state constitution expressly prohibits,” the opinion reads.
All five justices signed onto the eight-page order.
The state constitution makes it clear legislators can’t raise their own salary mid-session, justices wrote. Instead, any salary increase must go into effect after an election, in this case at least January 2027. That’s officially the beginning of a new General Assembly.
The constitution says nothing about reimbursements to cover official expenses. But the budget clause included nothing limiting how legislators could spend the funds, which are separate from legislators’ $10,400 annual salary.
In passing the budget clause, senators argued they needed a raise to keep up with inflation causing other expenses to rise. Justices wrote that legislators have every right to increase their reimbursements for official costs but added the clause didn’t do that.
“It cannot be denied that, over the past century, legislative service has evolved considerably from what it once was, essentially requiring year-round service both in and outside of the legislative session,” the opinion reads. “The increased demands of modern legislative service naturally could lead the General Assembly to appropriate a greater amount of public funds to reimburse legislators for official expenses incurred in carrying out their official duties.”
Sen. Wes Climer, a Rock Hill Republican, filed the lawsuit soon after the legislative session ended. He was one of 44 Republicans to opt out of the raise.
“I think this shows that Sen. Climer showed tremendous courage in bringing this lawsuit and held his fellow legislators’ feet to the fire on this obviously illegal act,” said his attorney, former Sen. Dick Harpootlian.
This is a developing story. Check back for updates.
Skylar Laird covers the South Carolina Legislature and criminal justice issues. Originally from Missouri, she previously worked for The Post and Courier’s Columbia bureau.
SC Daily Gazette is part of States Newsroom, the nation’s largest state-focused nonprofit news organization.
