When the 2011 session opens Jan. 12, the clock begins ticking for lawmakers to collect legislative per diem, a kind of daily allowance to help with expenses.
By the time the session ends 120 days later, some lawmakers will have charged the maximum $18,000, while a few might decline to seek per diem at all.
During the 2010 session, 21 of the 100 lawmakers charged per diem for all 120 days. A number of lawmakers were short only a few days of the full 120.
Three Denver-area Democrats — Sens. Paula Sandoval and Lois Tochtrop, and Rep. Lois Court — didn’t seek per diem payments at all because of the state’s budget crisis.
“It was a statement, because the budget is in bad shape,” Court said.
“I don’t expect my colleagues to do what I did. Everyone’s not in the same position I’m in. I live only 2 1/2 miles from the Capitol. I don’t have children at home. I’ve never even charged mileage to the Capitol.”
But Court said she is available year round to her constituents and next session likely will seek per diem three days a week. She’s eligible for per diem seven days a week.
Under Colorado law, legislators can charge for the full 120 days of the session, although that includes weekends. They also can collect per diem on holidays, and days when they are excused for some reason, such as illness or personal business.
Non-metro lawmakers receive $150 daily, while metro lawmakers get $45 daily.
Some lawmakers wrote explanations on their monthly per diem statements, but most just filled in a number, according to state records.
Sen. Josh Penry, R-Grand Junction, could have charged for 12 days in May. He charged for 11, noting he was giving himself an unpaid furlough day.
Rep. Karen Middleton, D-Aurora, didn’t charge for March 2, noting she was ill that day.
And several lawmakers said they weren’t charging for a snow day in March or the Martin Luther King Jr. holiday in January.
The 43 non-metro lawmakers were much more likely to charge for the full 120 days than the 57 metro lawmakers, who often don’t seek per diem for weekends.
Rep. Ellen Roberts, R-Durango, has always sought per diem for all 120 days. Roberts said she rents a place in Denver five months of the year, and per diem helps pay that cost.
She said she had to shut down most of her law practice within two years of being elected to the House in 2006. It was the only way to keep up with the e-mail, phone calls and meetings in her district.
“My counties rely on me to be the go-between them and state government,” said Roberts, who will become a state senator in January.
Colorado is billed as having a part-time citizen legislature, with lawmakers earning $30,000 annually, but the job has become full time, lawmakers say.
A number of lawmakers hold meetings in their districts on the weekends during the session to discuss legislation.
The non-metro lawmaker with the lowest total in per diem was Rep. Cory Gardner, R-Yuma, who billed for 53 days.
He took heat from Democrats from being absent on a couple of occasions during the session to go to Washington, D.C., for his congressional campaign. But Gardner, who will join Congress next month, said he didn’t charge for those days or other days when he was at the legislature.
In addition, Gardner said he “furloughed” himself some days because state workers are going through furloughs.
The non-metro lawmaker with the second-lowest total of per diem was Rep. Glenn Vaad, R-Mead, at 77 days.
“I don’t begrudge those who billed for more. I pass no judgment,” he said. “I’m lucky I can drive home at night. I don’t have to stay in Denver.”
Vaad, who lives 37 miles from the Capitol, has been classified as a non-metro lawmaker eligible for the $150 daily per diem because he lives in Weld County.
That will change in the upcoming session, when metro lawmakers will be defined as anyone who lives within 50 miles of the Capitol. Vaad then will receive $45 daily.
“I have no problem with that,” he said, “no problem at all.”
Lynn Bartels: 303-954-5327 or lbartels@denverpost.com
What they make
In addition to their $30,000-a-year salary, state lawmakers are eligible for other benefits, including the per diem.
$150 Daily per diem paid during the 120-day legislative session to lawmakers who live outside the metro area. There were 43 lawmakers in that category this year, eligible to collect a maximum of $18,000 in per diem fees.
$45 Daily per diem for lawmakers who live in the metro area. There were 57 lawmakers in that category this year, eligible to collect a maximum of $5,400.
What other years cost
The legislature in 2007 voted to increase session per diem for lawmakers who live outside the metro area from $99 a day to $150 a day. It went into effect July 1, 2007. A look at per diem costs during the sessions for the past four years: 2007: $715,032
2008: $996,165
2009: $958,725
2010: $960,510
Source: Legislative Council
Who made what
Lawmakers are eligible to collect per diem during the 120-day legislative session, including weekends, holidays or if excused for the day. Metro lawmakers receive $45 daily per diem; non-metro lawmakers receive $150. Here’s what each lawmaker charged for the 2010 session, which began in mid-January and ended in mid-May. Source: Legislative Council
Non-metro lawmakers
120 days ($18,000)
Rep. Dennis Apuan, R-Colorado Springs
Sen. Bob Bacon, D-Fort Collins
Sen. Bill Cadman, R-Colorado Springs
Rep. Bob Gardner, R-Colorado Springs
Sen. Dan Gibbs, D-Breckenridge
Rep. Steve King, R-Grand Junction
Rep. Kent Lambert, R-Colorado Springs
Rep. Larry Liston, R-Colorado Springs
Rep. Tom Massey, R-Poncha Springs
Rep. Wes McKinley, D-Walsh
Rep. Michael Merrifield, D-Colorado Springs
Sen. John Morse, D-Colorado Springs
Rep. B.J. Nikkel, R-Loveland
Rep. Jim Riesberg, D-Greeley
Rep. Ellen Roberts, R-Durango
Sen. Dave Schultheis, R-Colorado Springs
Rep. Jerry Sonnenberg, R-Sterling
Sen. Al White, R-Hayden
Sen. Bruce Whitehead, D-Hesperus
119 days ($17,850)
Sen. Greg Brophy, R-Wray
Sen. Ken Kester, R-Las Animas
Rep. Sal Pace, D-Pueblo
Rep. Scott Tipton, R-Cortez
118 days ($17,700)
Rep. Randy Baumgardner, R-Hot Sulphur Springs
Rep. John Kefalas, D-Fort Collins
Sen. Abel Tapia, D-Pueblo
117 days ($17,550)
Sen. Keith King, R-Colorado Springs
Sen. Kevin Lundberg, R-Berthoud
Rep. Ed Vigil, D-Fort Garland
116 days ($17,400)
Sen. Josh Penry, R-Grand Junction
Rep. Amy Stephens, R-Monument
Rep. Mark Waller, R-Colorado Springs
114 days ($17,100)
Rep. Kathleen Curry, U-Gunnison
Sen. Gail Schwartz, D-Snowmass Village
111 days ($16,650)
Rep. Laura Bradford, R-Collbran
Rep. Buffie McFadyen, D-Pueblo West
102 days ($15,300)
Rep. Marsha Looper, R-Calhan
92 days ($13,800)
Rep. Christine Scanlan, D-Dillon
84 days ($12,600)
Rep. Brian DelGrosso, R-Loveland
Rep. Randy Fischer, D-Fort Collins
Sen. Scott Renfroe, R-Greeley
77 days ($11,550)
Rep. Glenn Vaad, R-Mead
53 days ($7,950)
Rep. Cory Gardner, R-Yuma
Metro lawmakers
120 days ($5,400)
Sen. Mary Hodge, D-Brighton
Sen. Moe Keller, D-Wheat Ridge
119 days ($5,355)
Rep. Joe Miklosi, D-Denver
Sen. Nancy Spence, R-Centennial
118 days ($5,310)
Rep. David Balmer R-Centennial
Sen. Betty Boyd, D-Lakewood
Rep. Edward Casso, D-Commerce City
Rep. Sara Gagliardi, D-Arvada
Sen. Shawn Mitchell, R-Broomfield
117 days ($5,265)
Rep. Terrance Carroll, D-Denver
Rep. Jack Pommer, D-Boulder
113 days ($5,085)
Sen. Suzanne Williams, D-Aurora
112 days ($5,040)
Rep. Dianne Primavera, D-Broomfield
109 days ($4,905)
Rep. Claire Levy, D-Boulder
Rep. Paul Weissmann, D-Louisville
105 days ($4,725)
Rep. Debbie Benefield, D-Arvada
104 days ($4,680)
Rep. Nancy Todd, D-Aurora
102 days ($4,590)
Rep. Andy Kerr, D-Lakewood
Rep. Frank McNulty, R-Highlands Ranch
Rep. Kevin Priola, R-Henderson
101 days ($4,545)
Sen. Evie Hudak, D-Westminster
100 days ($4,500)
Sen. Linda Newell, D-Littleton
98 days ($4,410)
Rep. Mike May, R-Parker
Rep. Joe Rice, D-Littleton
97 days ($4,365)
Rep. Joel Judd, D-Denver
Sen. Mike Kopp, R-Littleton
96 days ($4,320)
Rep. Sue Schafer, D-Wheat Ridge
95 days ($4,275)
Rep. Carole Murray, R-Castle Rock
93 days ($4,185)
Rep. Jeanne Labuda, D-Denver
92 days ($4,140)
Sen. Morgan Carroll, D-Aurora
Rep. Ken Summers, R-Lakewood
90 days ($4,050)
Rep. Cindy Acree, R-Aurora
88 days ($3,960)
Rep. Beth McCann, D-Denver
Rep. Max Tyler, D-Lakewood
87 days ($3,915)
Rep. Karen Middleton, D-Aurora
Rep. Judy Solano, D-Brighton
84 days ($3,780)
Rep. Mark Ferrandino, D-Denver
Sen. Joyce Foster, D-Denver
Rep. Cheri Gerou, R-Evergreen
Sen. Ted Harvey, R-Highlands Ranch
Sen. Rollie Heath, D-Boulder
Rep. Dickey Lee Hullinghorst, D-Boulder
Sen. Mike Johnston, D-Denver
Sen. Chris Romer, D-Denver
Sen. Mark Scheffel, R-Parker
Sen. Brandon Shaffer, D-Longmont
Rep. John Soper, D-Thornton
Sen. Pat Steadman, D-Denver
Rep. Spencer Swalm, R-Centennial
83 days ($3,735)
Rep. Jim Kerr, R-Littleton
82 days ($3,690)
Rep. Daniel Kagan, D-Cherry Hills Village
Rep. Cherilyn Peniston, D-Westminster
81 days ($3,645)
Rep. Jerry Frangas, D-Denver
49 days ($2,205)
Rep. Su Ryden, D-Aurora
