Colorado § 2-2-317 - Expense, subsistence, and travel allowance - definition.

§ 2-2-317. Expense, subsistence, and travel allowance - definition.

(1) (a) Except as provided in subsection (1)(b) of this section, each member of the general assembly is entitled to receive up to forty-five dollars per legislative day until June 30, 2025, for expenses incurred during the sessions of the general assembly. Such allowance shall be considered as salary pursuant to section 24-51-101 (42). Each member of the general assembly who is serving on July 1, 1997, and who is entitled to such allowance may elect to have all of such allowance that was paid to the member during the period from January 1, 1992, through May 31, 1994, be considered salary pursuant to section 24-51-101 (42), subject to the following conditions:

(I) Payment shall be received by the public employees' retirement association of the amount of member contributions from the member and employer contributions from the employer on the allowance that was paid during the period, with appropriate interest calculated by the association;

(II) The election shall be made no later than December 31, 1997; and

(III) Payment of the total amount required, through a lump sum or through installments, shall be received by the public employees' retirement association on or before December 31, 1998.

(b) (I) Repealed.

(II) In lieu of the expenses allowed in subsection (1)(a) of this section, if a member does not reside in the Denver metropolitan area, which area shall be designated in guidelines established by the executive committee of legislative council, the member is entitled to receive per legislative day for expenses incurred during the sessions of the general assembly up to an amount equal to the following:

(A) For fiscal years commencing prior to July 1, 2020, and on or after July 1, 2021, but before July 1, 2025, eighty-five percent of the federal per diem rate for the city and county of Denver, rounded up to the nearest whole dollar, as determined by the United States general services administration, or such succeeding entity, as of October 1 of the calendar year immediately preceding the fiscal year in which the per diem rate is to be used; and

(B) For the fiscal year commencing July 1, 2020, eighty-five percent of the federal per diem rate for the city and county of Denver, rounded up to the nearest whole dollar, as determined by the United States general services administration, or such succeeding entity, as of October 1, 2018.

(b.5) (I) For fiscal years commencing on or after July 1, 2025, each member of the general assembly is entitled to receive per legislative day for expenses incurred during the sessions of the general assembly up to an amount equal to the following:

(A) For a member who resides in the Denver metropolitan area, which area shall be designated in guidelines established by the executive committee of legislative council, twenty-five percent of the federal per diem rate for the city and county of Denver, rounded up to the nearest whole dollar, as determined by the United States general services administration, or such succeeding entity, as of October 1 of the calendar year immediately preceding the fiscal year in which the per diem rate is to be used; and

(B) For a member who does not reside in the Denver metropolitan area, which area shall be designated in guidelines established by the executive committee of legislative council, ninety percent of the federal per diem rate for the city and county of Denver, rounded up to the nearest whole dollar, as determined by the United States general services administration, or such succeeding entity, as of October 1 of the calendar year immediately preceding the fiscal year in which the per diem rate is to be used.

(II) The allowance provided in subsection (1)(b.5)(I) of this section is not salary, as defined in section 24-51-101 (42).

(c) (I) Repealed.

(II) The per diem lodging and expense allowances of the general assembly as fixed by subsections (1)(b)(II) and (1)(b.5) of this section shall apply to regular or special sessions of the general assembly subsequent to July 1, 2012.

(d) The general assembly may provide by joint resolution for the suspension on a temporary basis of the normal per diem lodging and expense allowance, or any portion thereof, during that period when the general assembly is in recess for more than three days.

(e) Nothing in this section shall preclude a member of the general assembly from declining to accept all or part of the per diem lodging and expense allowance authorized by this subsection (1).

(2) (a) Each member of the general assembly who is entitled to claim a per diem lodging and expense allowance pursuant to subsections (1)(a) and (1)(b.5)(I)(A) of this section is also entitled to receive travel expenses to the member's home and back to the capitol for each legislative day of actual attendance.

(b) Each member of the general assembly who is entitled to claim an expense per diem pursuant to subsections (1)(b) and (1)(b.5)(I)(B) of this section is also entitled to receive travel expenses to any location within the member's district and back to Denver once each week, pursuant to section 2-2-316.

(c) The executive committee of the legislative council may establish guidelines regarding reimbursements and substantiation requirements for actual and necessary travel expenses incurred by members of the general assembly.

(3) For purposes of this section, "legislative day" means any day during the legislative session, including legal holidays, primary election days, and Saturdays and Sundays.

Source: L. 67: p. 955, § 2. C.R.S. 1963: § 63-2-29. L. 69: p. 460, § 2. L. 73: p. 671, § 1. L. 75: (1) amended, p. 198, § 2, effective February 28. L. 80: Entire section amended, p. 440, § 1, effective May 2. L. 81: (4) added, p. 331, § 1, effective June 5. L. 85: (1) to (3) amended and (5) added, p. 274, § 1, effective June 6. L. 89: (1) to (3) amended and (5) repealed, p. 331, §§ 2, 3, effective June 10. L. 93: Entire section amended, p. 569, § 3, effective April 30. L. 97: (1)(a) amended, p. 779, § 18, effective July 1. L. 2005: (1)(b) amended, p. 327, § 1, effective April 20. L. 2007: (1)(b) and (1)(c) amended, p. 1314, § 1, effective May 25. L. 2008: (1)(b), (1)(c), and (2)(b) amended, pp. 2321, 2323, §§ 2, 4, effective February 7. L. 2010: (1)(b) and (1)(c) amended and (2)(c) added, (SB 10-119), ch. 103, pp. 348, 349, §§ 2, 3, effective April 15. L. 2020: (1)(b)(II) amended, (SB 20-220), ch. 202, p. 1003, § 1, effective June 30. L. 2024: IP(1)(a), IP(1)(b)(II), (1)(b)(II)(A), (1)(c)(II), (2)(a), and (2)(b) amended and (1)(b.5) added, (HB 24-1059), ch. 377, p. 2551, § 2, effective August 7.

Editor's note: Subsections (1)(b)(I)(B) and (1)(c)(I)(B) provided for the repeal of subsections (1)(b)(I) and (1)(c)(I), effective October 1, 2012. (See L. 2010, pp. 348, 349.)

Cross references: For the legislative declaration in HB 24-1059, see section 1 of chapter 377, Session Laws of Colorado 2024.

ANNOTATION

No provision in the constitution prevents lodging from being considered by the general assembly in determining what the compensation of each member shall include. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

Therefore, it is within the province of the general assembly to compensate its members for expenses incurred for lodging. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

But the constitution requires that expenses be actually incurred in order to be compensable. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

And since the words "per day of actual occupancy" precede the word "lodging", we must construe the act to limit "lodging" to charges for occupancy of living quarters. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).

And the section authorizing travel expenses allows members of the general assembly to travel to their homes and back to Denver as often as once a week during adjournments for periods not exceeding 72 hours. In re Interrogatories by Governor, 163 Colo. 113, 429 P.2d 304 (1967).