John Baer: 'Per diem' is a magic term during budget impasse

HERE ARE some fun facts related to the state budget impasse.

Lawmakers can get up to $158 a day in expenses for each and every day the budget battle goes on, and most can collect it even in the absence of a budget.

Because per diems can be claimed for weekends, that's potentially more than $1,000 a week; so, even as lawmakers' regular salaries are withheld until a budget is in place, their life isn't likely to be too tough.

This is an especially egregious waste of money, since the vast majority of our 253 legislators have little to do with settling budget disputes; a handful of leaders traditionally do that.

Also, legislative employees (the largest state legislative staff in America, numbering around 3,100) are being paid full salaries even though the state has no authority to spend money and state workers face payless paydays.

Lawmakers' per diems amount almost to a cash incentive to stretch out the fight. And for staff members, hey, who cares how long it takes?

This is possible because legislative leaders sock hundreds of millions of your dollars into so-called reserve or contingency accounts (currently totaling $200 million-plus) to do with as they wish. And, too often, their first wish is to maintain a culture of self-protection at taxpayer expense.

Here's how it works:

A lawmaker living more than 50 miles from the Capitol (that would be most) can claim expenses for any day he or she is on "legislative business." It doesn't have to be a day the Legislature is in session.

It's a long-standing practice. Twenty years ago, Philly's own perk king, veteran Democratic Rep. Mark Cohen, charged 501 per diems during a 20-month period, including for Christmas Day, New Year's Day, Easter Sunday, Memorial Day, Labor Day and Yom Kippur.

Some lawmakers were in Harrisburg this July Fourth holiday weekend, for example, even though the Legislature was not in session.

House members who live within 50 miles of the Capitol get partial per diems of $45 a day, and senators can claim actual expenses.

It's better than it used to be. In the past, legislators didn't have to provide proof of how or if they spent the money. One "reform" following the 2005 pay-grab debacle now requires vouchers.

Use varies from chamber to chamber.

The Republican Senate, according to chief clerk Russ Faber, won't honor expense claims or per diems until a budget is adopted. But the Democratic-run House will hand out cash right away, even without a budget, according to chief clerk Roger Nick.

The budget, due last Tuesday, is in limbo as Gov. Rendell and Republicans fight over taxes, cuts and a $3.25 billion deficit.

Lawmakers' paychecks come the first of each month, so they are not being paid for July

(they're paid retroactively once a budget is adopted), but expense checks could add up in a hurry.

If only half the Legislature claims allowable limits and the impasse lasts until the end of July, that's $20,000 a day for - let's say - 20 days, or $400,000. And that's conservative, on top of salary, and maybe only the beginning.

When I ask Democratic House Policy Chairman Rep. Mike Sturla, of Lancaster, about the issue, he says that he wasn't aware of the policy, then jokes: "Maybe I can pay my bills." He's eligible for partial per diems.

When I ask House Republican Whip Mike Turzai, of Pittsburgh, about staff pay and lawmakers' expenses, he says: "If people work, they deserve to be paid." He also says that he'd support legislation solely to pay state employees.

State workers are paid on a staggered basis, and most won't see a payless payday until July 17.

When I ask Gov. Rendell's chief of staff, Steve Crawford, what he thinks of lawmakers and aides getting expenses and salaries while others face no pay, he says: "Do a poll and see what you get."

I think I know what I'd get.

Send e-mail to baerj@phillynews.com.

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