Colorado § 24-9-101 - Salaries of elected state officials - definition - repeal.

§ 24-9-101. Salaries of elected state officials - definition - repeal.

(1) The following state officials shall receive annual salaries and allowances, payable monthly, as follows:

(a) Governor:

(I) Repealed.

(II) (A) The salary payable to the governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty-six percent of the total annual salary paid to the chief justice of the state supreme court on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(a) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year gubernatorial term, and applying to each year of that term, the governor's annual salary is an amount equal to sixty-six percent of the total annual salary earned by the chief justice of the supreme court on the first day of the governor's term.

(C) This subsection (1)(a)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the governor for each year of the four-year term being served is in the amount set by the commission.

(b) Lieutenant governor:

(I) Repealed.

(II) (A) The salary payable to the lieutenant governor for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(b) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the lieutenant governor's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the lieutenant governor's term.

(C) This subsection (1)(b)(II) is repealed, effective July 1, 2028.

(III) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the head of a principal department and the salary for the head of that principal department is greater than that to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the head of the principal department that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the head of that principal department.

(IV) Notwithstanding any provision of this subsection (1)(b) to the contrary, if the lieutenant governor is concurrently serving as the director of the office of saving people money on healthcare within the office of the governor and the salary for the director of the office of saving people money on healthcare is greater than the amount to which the lieutenant governor is entitled under this subsection (1)(b), the lieutenant governor shall also be paid that portion of the salary for the director of the office of saving people money on healthcare that, when added to the amount of the salary paid under this subsection (1)(b), equals the amount paid to the director of the office of saving people money on healthcare.

(V) On or after January 1, 2027, the salary payable to the lieutenant governor for each year of the four-year term being served is in the amount set by the commission.

(c) President of the senate, speaker of the house of representatives, minority leader of the senate, or minority leader of the house of representatives, while for any reason acting as governor:

(I) Before January 1, 2027, the sum of twenty dollars per day as expenses; and

(II) On or after January 1, 2027, the amount set by the commission as expenses.

(d) Attorney general:

(I) Repealed.

(II) (A) The salary payable to the attorney general for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to sixty percent of the total annual salary paid to the chief judge of the court of appeals on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(d) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the attorney general's annual salary is an amount equal to sixty percent of the total annual salary earned by the chief judge of the court of appeals on the first day of the attorney general's term.

(C) This subsection (1)(d)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the attorney general for each year of the four-year term being served is in the amount set by the commission.

(e) Secretary of state:

(I) Repealed.

(II) (A) The salary payable to the secretary of state for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(e) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the secretary of state's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the secretary of state's term.

(C) This subsection (1)(e)(II) is repealed, effective January 1, 2028.

(III) On or after January 1, 2027, the salary payable to the secretary of state for each year of the four-year term being served is in the amount set by the commission.

(f) State treasurer:

(I) Repealed.

(II) (A) The salary payable to the state treasurer for each year of the term commencing on the second Tuesday in January 2019 is an amount equal to fifty-eight percent of the total annual salary paid to the judges of the county court in Class B counties, as defined in section 13-6-201, C.R.S., on January 10, 2019.

(B) Before January 1, 2027, each subsequent salary paid under this subsection (1)(f) must be adjusted on a quadrennial basis so that, beginning with the first day of each four-year term, and applying to each year of that term, the state treasurer's annual salary is an amount equal to fifty-eight percent of the total annual salary earned by the judges of the county court in Class B counties on the first day of the state treasurer's term.

(C) This subsection (1)(f)(II) is repealed, effective July 1, 2028.

(III) On or after January 1, 2027, the salary payable to the state treasurer for each year of the four-year term being served is in the amount set by the commission.

(2) Any official who assumes his or her position by reason of filling a vacancy shall be paid the same salary as that to which the vacating official was entitled.

(3) Repealed.

(4) Nothing in this section authorizes the salary of any elected state official to be modified during the elected state official's official term.

(5) The director of research of the legislative council appointed pursuant to section 2-3-304 (1), C.R.S., shall post the amount of the current annual salary payable to each elected official pursuant to this section on the website of the general assembly. In addition, the department of each elected official shall publish the amount of the current annual salary payable to the elected official on the website of department.

(6) As used in this section, unless the context otherwise requires, "commission" means the independent state elected official pay commission created in section 24-9-106 (2).

Source: L. 58: p. 236, §§ 1, 2. C.R.S. 53: § 56-1-4. L. 62: pp. 155, 161, §§ 2, 1. C.R.S. 1963: § 56-1-1. L. 65: p. 162, § 13. L. 67: pp. 594, 595, §§ 1, 4. L. 70: p. 189, § 1. L. 74: (1)(e), (1)(f), and (1)(g) amended and (2) R&RE, p. 272, §§ 1, 2, effective July 1. L. 76: (1)(c) amended, p. 305, § 42, effective May 20. L. 78: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 392, § 2, effective January 1. L. 80: (1)(a), (1)(c), (1)(d), (1)(e), (1)(f), and (2) amended, p. 577, § 5, effective July 1. L. 85: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 801, § 1, effective July 1. L. 97: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended, p. 1176, § 2, effective May 28. L. 98: (3) added, p. 824, § 35, effective August 5. L. 2011: (1)(b) amended, (HB 11-1155), ch. 90, p. 265, § 3, effective April 6. L. 2015: (1)(a), (1)(b), (1)(d), (1)(e), (1)(f), and (2) amended and (4) and (5) added, (SB 15-288), ch. 270, p. 1056, § 1, effective January 1, 2016. L. 2016: (1)(b)(I) amended, (HB 16-1462), ch. 192, p. 681, § 2, effective May 26. L. 2019: (1)(b)(IV) added, (HB 19-1127), ch. 310, p. 2808, § 2, effective May 28. L. 2024: (1)(a)(II)(B), (1)(b)(II)(B), (1)(b)(III), (1)(b)(IV), (1)(c), (1)(d)(II)(B), (1)(e)(II)(B), (1)(f)(II)(B), and (4) amended and (1)(a)(II)(C), (1)(a)(III), (1)(b)(II)(C), (1)(b)(V), (1)(d)(II)(C), (1)(d)(III), (1)(e)(II)(C), (1)(e)(III), (1)(f)(II)(C), (1)(f)(III), and (6) added, (HB 24-1059), ch. 377, p. 2557, § 5, effective August 7.

Editor's note: (1) Subsection (3)(b) provided for the repeal of subsection (3), effective January 12, 1999. (See L. 98, p. 824.)

(2) Subsections (1)(a)(I)(B), (1)(b)(I)(B), (1)(d)(I)(B), (1)(e)(I)(B), and (1)(f)(I)(B) provided for the repeal of subsections (1)(a)(I), (1)(b)(I), (1)(d)(I), (1)(e)(I), and (1)(f)(I), respectively, effective January 10, 2019. (See L. 2015, p. 1056.)

Cross references: (1) For limitations on increase of salaries for elected officials, see § 11 of article XII, Colo. Const.

(2) For the legislative declaration in HB 24-1059, see section 1 of chapter 377, Session Laws of Colorado 2024.

ANNOTATION

Law reviews. For note, "Colorado's Ombudsman Office", see 45 Den. L.J. 93 (1968).

Annotator's note. Cases decided under former law, prior to 1958, have been included in the annotations to this section.

State treasurer is entitled to the salary fixed at the time of election, not any increase approved by the general assembly after the election but before taking office. Carlile v. Henderson, 17 Colo. 532, 31 P. 117 (1892).

There can be no appropriation for mileage. Mileage or traveling expenses paid to the lieutenant governor would clearly come within the term "compensation", because, unless the state paid it, he would have to pay it himself. Therefore, if an appropriation is intended to cover mileage, it would be an increase in his compensation and unconstitutional. Leckenby v. Post Printing & Publ'g Co., 65 Colo. 443, 176 P. 490 (1918) (decided prior to 1975 enactment of § 24-9-104).