Colorado § 2-2-318 - Members to be reimbursed for expenses.

§ 2-2-318. Members to be reimbursed for expenses.

Each member of the general assembly shall be reimbursed for expenses actually incurred pursuant to sections 2-2-316 and 2-2-317. In auditing any mileage claim of members of the general assembly, the controller is authorized to accept without further substantiating evidence the expense voucher duly signed by the member if the mileage in such claim does not exceed the authorized rate at which employees of the executive branch are reimbursed. In addition, he may accept without such further evidence the member's certification as to the number of days of actual attendance under section 2-2-317 (1) or, in lieu thereof, the member's certification as to the number of days of actual occupancy under section 2-2-317 (2).

Source: L. 67: p. 955, § 3. C.R.S. 1963: § 63-2-30. L. 75: Entire section amended, p. 199, § 3, effective February 28.

Cross references: For mileage allowance for state officers, see § 24-9-104 and § 6 of article V, Colo. Const.

ANNOTATION

The general assembly has the right and the power to declare what constitutes necessary traveling expenses for its members. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

There is a presumption that legislators will follow their oath of office and act only in good faith and will therefore seek payment only for such proper amounts as have actually been incurred and will thus abide by the constitutional limitations. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

And the auditing requirement of the constitution can be carried out by auditing the expense statements as filed. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

"Holdover" senators may receive the allowances provided for in this section for traveling to their homes and back to Denver as often as once a week during sessions of such general assembly when the senate is in adjournment for periods not exceeding 72 hours. In re Interrogatories by Colo. State Senate, 168 Colo. 558, 452 P.2d 391 (1969).