While their staff is taking pay cuts, like just about everyone else in state government, some Colorado lawmakers could enjoy pay increases this year – whether they like it or not.

When the Senate took up House Bill 1345, the legislative appropriations bill, Minority Leader Chris Holbert, a Republican from Parker, broke the bad news. The extra money in salary and per diem increases are a matter of law and must go into the state budget.

“Those were not approved this year,” he said on the floor Monday.

The schedule of increases for per diem allowances for legislators residing outside the Denver metro area was set in 2007 at 85% of the federal rate, and now that rate has increased, meaning the Colorado rate increases, as well.

“This budget has to include those higher numbers, because that’s the law,” Holbert said, making it clear Monday he wasn’t happy about it.

Members who live more than 50 miles from the Capitol can collect up to $171 a day to cover travel and housing expenses, while those who live within 50 miles get $45 a day while on official business in Denver.

Last year, all 65 seats in the House and roughly half of the 35-member Senate went to a higher base salary of $40,242, which took effect in January 2019. Next January the other half of the Senate is scheduled to go on the higher pay scale.

And in 2015, the legislature gave itself a pay raise to allow lawmakers to make 25% of the pay for  county judges, and judges received a pay increase this year, meaning lawmakers next year will earn $41,400.

Holbert said Republican and Democratic leaders in the Senate have discussed the dilemma and ways they can refuse the increase, given the dire times other Coloradans and, especially, the state budget are going through.

The General Assembly faces slashing up to $3.3 billion this year, about a quarter of state government’s operating budget, from the budget that takes effect July 1.

“We can’t amend this bill to make that not happen,” Holbert said of the pay raises. “This bill has to honor current statute.”

However, he said he expects to see separate bills to call a two-year time out on the per diem increase and raises before lawmakers adjourn this session.

He supports the rest of the Senate increasing to the higher pay level.

Sen. Rob Woodward, a Republican from Loveland, wanted to bills to freeze legislators pay now, not later, before adopting a new budget for the General Assembly.

“I think we have this a little backwards,” he said.

Woodward urged delaying passage of the legislative funding bill “until we have shown the people of Colorado we’re willing to share teh suffering and the pain with them.”

The funding bill passed 22-13, with all the opposition made up of Republicans.

The General Assembly’s proposed budget is about $53 million and covers 309 employees.