The Legislature plans to do its part to reduce the state's budget deficit, but doesn't want to be told by the governor how much to give.

Gov. John Baldacci put legislators down for just over $156,000 as part of their contribution to a $38 million spending cut to help balance the state budget for the rest of this fiscal year. Ultimately more will have to be given because the budget is short another $57 million in fiscal 2009.

But legislative leaders say the governor cannot touch their budget and only has authority over the executive branch.

The Legislative Council, which includes legislative leaders from both parties, voted Thursday to make its own recommendation on cuts to help fill the budget hole.

"I think the Legislature has the opportunity to lead by example and demonstrate savings that have lasting benefit," said Sen. Richard Rosen, R-Hancock, the assistant minority leader, but it is the Legislature's choice.

"He does not have the authority. Period," Rosen said. "Other governors have attempted this in the past."

That's not surprising because the legislative budget, which pays for legislative staff of about 200, salary and benefits for the 186 part-time legislators, the law library, the Office of Program Evaluation and Government Accountability and a capital fund for the Statehouse, often carries a cushion.

Money not spent year-to-year on salaries because of vacancies is carried forward. That allows the Legislature to self-fund projects without essentially asking itself to approve a supplemental budget.

The cushion currently is at $1.2 million, with another $500,000 in reserve cash set aside to pay for the so-called paperless chamber project where computers would be used to eliminate paper bills and amendments. That project has not yet been approved by legislative leaders, who will decide whether to go forward with a pilot in early January.

The budget also has become a target because it has grown substantially over the years, largely due to cost-of-living pay increases and benefits. Negotiations were just settled for legislative staff this week, giving them a three percent increase this fiscal year and next.

And upper-level staff is paid well.

A review of salaries done earlier this year shows eight people, largely directors of offices, and the clerk of the House and secretary of the Senate, make over $100,000. Seven make between $90,000 and $100,000; 10 make between $80,000 and $90,000; 18 make between $70,000 and $80,000; and, 20 earn between $60,000 and $70,000.

Legislators earn a lot less - just over $22,000 for the two-year session -- but when you add in insurance and other benefits, the cost adds up to close to $4 million a year.

This current fiscal year the legislative budget is $26.8 million, when the Legislature is in session only four months, and $28.8 million the following year when the session runs through June. Five years ago the budget was around $25 million and 20 years ago it was $15.5 million.

While there has been no decision about how much legislators will cut from their own to fill the budget gap, David Boulter, the executive director of the Legislative Council, said a subcommittee is looking at proposals that could add up to more than $500,000.