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

Colorado § 2-2-317

• Jurisdiction: Colorado
• Title 02: Legislative
• Art.: General Assembly

Text

(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(b) (I) Repealed.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.

Legislative History

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.