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To protect the state treasury from future abuse, Colorado lawmakers should revamp the way they’re paid for doing official business following the annual 120-day legislative session.

There’s no need to over-react to the ridiculous per diem salary raid by then-House Minority Leader Joseph Stengel, but by billing the taxpayers for 237 extra days in 2005 he proved the need to add basic accountability to this practice. No other lawmaker even came close to claiming as many days.

Taxpayers can’t be expected to respect an honor system when one of the top figures in government so obviously dishonors it.

Currently, legislative leaders can earn $99 a day for any off-session work without having to disclose what they do. Members of the Joint Budget Committee, interim committees or the House Services committee can earn $45 a day if they live within the metro area, and $99 outside the Denver-area, for off-session meetings. The system seems a fair and reasonable one, so long as lawmakers are straight shooters. But what if one is tempted to stray from the fold? The system, like all others in government, should contain checks and balances.

“Attending a meeting is a clear paper trail … ” said House Speaker Andrew Romanoff. “This is a very narrow problem.”

Stengel, who has retained his House seat while giving up his Republican leadership position, originally billed taxpayers for 237 days in 2005, including all weekends and time spent vacationing in Hawaii and taking the bar exam.

Lawmakers should clarify the rules this session by outlining what constitutes an off-session work day. Legislators deserve such guidelines so their constituents won’t be suspicious that they are milking the system or skirting the spirit of the law.

Romanoff says he’s mulling changes that can be done without legislation, such as requiring legislative leaders to fill out a simple form providing details about their work. He’s also considering capping at five the number of days lawmakers could work during each off-session week. That may require a change in the law.

Other states require lawmakers to file written vouchers describing their work activities in order to claim per diems.

An ethics investigation concluded this week that it was impossible to determine whether Stengel billed the state for days he did not work, largely because current rules are vague and based on the honor system.

The honor system proved good enough for years, but Rep. Stengel has shown it can be stretched beyond credulity – and without any recourse, so now the rules should be spelled out.

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