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AG Opinions - 1986

These opinions were based on the law as it existed at the time the opinions were issued. They may have been superceded by changes in constitutional, statutory, or case law.

No. 86-16 AG Alpha No. LO LG AGAPS - December 17, 1986

Whether Boards of County Commissioners have authority to alter or lower the budgets of Library and Hospital Boards.

Summary
The Local Government Budget Law does not apply to Library and Hospital Boards; a Board of County Commissioners has authority to alter or lower the budget of Library or Hospital Boards; and, a Board of County Commissioners can levy a tax of up to 1.5 mills for the maintenance of libraries and library districts, without having the electorate in that county vote on the matter.

No. 86-15 AG Alpha No. HL CC AGAPQ - October 22, 1986

Air Quality Control Commission's authority to adopt fuel regulations

Summary
The Commission has the authority to adopt technologically feasible and economically reasonable regulations requiring the use of oxygenated fuel in Colorado. An analysis of the regulation's validity under the Commerce Clause cannot be provided until a specific regulation is proposed.

FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 86-14 AG Alpha No. TR TR AGAPH - October 6, 1986

Federal deposit insurance coverage of deposits of state college and university funds in banks and savings and loan associations

Summary
The governing boards of the state institutions of higher education may not be entitled to separate federal insurance coverage for deposits held on their behalf by the state treasurer. Each such deposit is likely to be aggregated with the funds of other governing boards and other agencies within the Department of Higher Education deposited in the same insured institution.

No. 86-13 AG Alpha No. SS SS AGAPP - September 23, 1986

Ability of county departments of social services to prevent the withholding of medically-indicated treatment from disabled infants with life-threatening conditions

Summary
County departments of social services have the legal means to prevent the withholding of medically-indicated treatment from disabled infants with life-threatening conditions. They may, through the legal proceedings referenced above, obtain access to medical records and obtain independent medical examinations.

No. 86-12 AG Alpha No. ED AD AGAPM - August 29, 1986

Legality of expending school district funds to finance litigation challenging the Public School Finance Act

Summary
Under the facts provided, I am unable to ascertain any Colorado authority permitting school districts to expend their funds in support of litigation challenging the Public School Finance Act.

FORMAL
OPINION

of

DUANE WOODARD
Attorney General

 No. 86-12

AG Alpha No. ED AD AGAPM

August 29, 1986

No. 86-11 AG Alpha No. LW HW AGAPL - August 27, 1986

Proper disposition of moneys recovered on behalf of the state pursuant to the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980

Summary
The proper disposition of moneys recovered pursuant to CERCLA may be determined after examining both state and federal law. A review of CERCLA and title 25, article 16 of the Colorado Revised Statutes establish the General Assembly's intention that:

No. 86-10 AG Alpha No. SS AS AGAPI - August 14, 1986

Transfers of residences as affecting eligibility for public assistance

Summary
The conditions of section 26-2-111(1)(c)(I)(A), (B) and (C), C.R.S. (1982) are cumulative and must all be present for eligibility not to be affected by the transfer of a residence.

FORMAL
OPINION

of

DUANE WOODARD
Attorney General

 No. 86-10

AG Alpha No. SS AS AGAPI

August 14, 1986

No. 86-09 AG Alpha No. ED AD AGAPK - August 12, 1986

School district tax levies for capital reserve and insurance reserve funds.

Summary
the procedures for exceeding tax levy limits set forth in section 29-1-302, C.R.S. (1977 & 1985 Supp.), as amended by H.B. 1003, do not apply to school districts. In addition, school district tax levies for capital reserve and insurance reserve funds for levies made in 1986 are to be calculated pursuant to a formula which combines the prior mill levy caps with a percentage increase limitation.

No. 86-08 AG Alpha No. EX AD AGAPJ - June 26, 1986

Whether the General Assembly separately reconsidered the Governor's item vetoes of portions of the 1986 Long Bill as required by the Colorado Constitution

Summary
The House of Representatives failed to meet the constitutional requirement of art. IV, sec. 12 that the Governor's item vetoes shall be separately reconsidered. Consequently, the House vote to override the Governor's vetoes was ineffective, and the Colorado Constitution mandates that the vetoed provisions be considered void.

No. 86-07 AG Alpha No. CO AD AGAPE - June 16, 1986

The effect on an offender's discharge date of a decision by the Parole Board to continue, rather than revoke, said offender's parole after finding that he has violated the conditions of his parole.

Summary

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