AG Opinions - 1988

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 They may have been superceded by changes in constitutional, statutory, or case law.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. 88-10 AG Alpha No. LO AD AGAQY - December 16, 1988

Colorado's status as a "right to work" state.

Summary
An agreement requiring membership in a labor organization as a condition of employment is, under certain circumstances, permitted in this state. The Colorado Labor Peace Act explicitly provides that employers "shall not be prohibited" from entering such agreements, provided certain preconditions are met. Consequently, Colorado does not fall within the traditional meaning of a "right to work" state.

No. 88-09 AG Alpha No. RG SL AGAQX - December 12, 1988

Applicability of Section 18-5-210, C.R.S. (1986) to savings and loan associations operating in Colorado.

No. 88-08 AG Alpha No. EX AD AGAQU - November 28, 1988

Governor's request for legal advice concerning the constitutionality of conditions and limitations contained in the 1988 Long Bill headnotes and footnotes.

No. 88-07 AG Alpha No.PE AD AGAQV - November 7, 1988

Modification of Military Leave of Absence Fringe Benefit

Summary
Neither federal statute nor regulation constrains or limits a modification resulting in reduction of payment of wages while on military leave. Reduction of wages payable during the exercise of military leave of absence can be effected only by statutory change to the provisions of Section 28-3-601, C.R.S. (1982). The State Personnel Board may recommend statutory changes to the legislature, and may itself require employees to turn over reserve pay received while on military leave of absence.

No. 88-06 AG Alpha No. RV AD AGAQW - November 3, 1988

Waiver of Amount applied to Underpayment of Estimated Tax

Summary
The added amount which the executive director must impose to an underpayment of estimated tax, pursuant to Section 39-22-605(5), C.R.S. (1988 Supp.), at the rate provided in Section 39-21-110.5, C.R.S. (1982) cannot be waived unless the rate imposed is in excess of the amount permitted under Section 39-21-110.5, C.R.S. (1982). If excessive, the excessive director can take action disapproving the excess amount pursuant to Section 39-21-103, C.R.S. (1982 & 1988 Supp.).

No. 88-05 AG Alpha No. AD AC AGAQR - September 15, 1988

Payment of Expenses of Challenging Recall Petitions

No. 88-04 AG Alpha No. LO AA AGAQT - September 1, 1988

Representation of taxpayers before the Board of Assessment Appeals.

No. 88-03 AG Alpha No. LO CH AGAQQ - July 12, 1988

Legal Opinion Regarding Disclosure Of Information To The Health Data Commission

Summary
Section 25-3-109 (H.B. 1037) (1988) and section 12-43.5-101 through 103, C.R.S. (1985 & 1987 Supp.) do not authorize health care facilities to refuse to supply information to the Health Data Commission.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 88-3

AG Alpha No. LO CH AGAQQ

July 12, 1988

No. 88-02 AG Alpha No. RG RA AGAQM - March 4, 1988

Mile High Kennel Club's payment of a Commerce City tax

Summary
In rendering this opinion, I am not unmindful of its impact on Commerce City and Mile High Kennel Club. However, a thorough review of the constitutional and legislative history underlying this issue justifies no other legal conclusion.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 88-2

AG Alpha No. RG RA AGAQM

March 4, 1988

File No. 88-01 AG Alpha No. PS PA AGAQK - January 25, 1988

Colorado State Patrol arrest and filing authority

Summary
Patrol officers may effect lawful arrests for nontraffic crimes where probable cause to arrest for the nontraffic crime arises during the course of carrying out the statutory duties of the Patrol. The decision of whether to file charges following the arrest, however, is solely within the discretion of the district attorney.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

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