Colorado § 2-2-309 - Method of payment.

§ 2-2-309. Method of payment.

(1) The presiding officer of each house shall certify at such times as may be necessary during each session and thereafter the number of days of service rendered by each officer and employee of his respective house and the amount payable for such service, and the state controller, upon receipt of such certification, shall issue vouchers and draw warrants for the compensation due each officer and employee, without certification from the state personnel director, and the state treasurer shall pay the same out of the moneys appropriated for the purpose.

(2) Upon receipt of the certification required by section 2-2-307 (2)(c), the controller shall issue vouchers and draw warrants for the compensation due each member. Such compensation shall be adjusted in accordance with the provisions of section 2-2-307 (2) and (4). In the event such certification evidences an overpayment to a member for compensation during the session, the controller shall cause a statement of deficiency to be issued for the recovery of such funds previously disbursed to the member. Any such statement of deficiency shall be enforceable as a debt to the state of Colorado and may be enforced in the appropriate court by the attorney general.

(3) The controller, upon taking official notice of the existing membership of the general assembly, shall issue vouchers and draw warrants for the monthly and semimonthly per diem compensation and for the reimbursement of expenses and travel authorized by section 2-2-307.

Source: L. 15: p. 257, § 5. C.L. § 10. CSA: C. 74, § 10. L. 53: p. 332, § 2. CRS 53: § 63-2-9. C.R.S. 1963: § 63-2-9. L. 88: Entire section amended, p. 303, § 1, effective March 18. L. 93: Entire section amended, p. 568, § 2, effective April 30.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

A certificate of the presiding officer of either house of the general assembly as to the election and services of any officer or employee of such house is conclusive upon the state auditor. Lowell v. Bonney, 14 Colo. App. 230, 60 P. 830 (1900).

And he has no authority to go behind such certificate to inquire whether such officer was elected or whether he performed the services. Lowell v. Bonney, 14 Colo. App. 230, 60 P. 830 (1900).

Furthermore his duty to issue a warrant for the salary of such officer upon the presentation of such certificate is ministerial, and mandamus will lie to compel the issuance of the warrant. Lowell v. Bonney, 14 Colo. App. 230, 60 P. 830 (1900).

Also, in the application for mandamus to compel the state auditor to issue a warrant for services of an officer of the senate, it is not necessary to allege that the money is in the treasury against which the warrant can be drawn, but the warrant may be drawn in anticipation of the revenue. Lowell v. Bonney, 14 Colo. App. 230, 60 P. 830 (1900).