AG Opinions

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 They may have been superceded by changes in constitutional, statutory, or case law.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. 90-15 AG Alpha No. LA SS AGARZ - December 10, 1990

This opinion responds to whether Colorado district attorneys, as State Officers, were employees of the state for the purposes of the Social Security Act.

Summary
For purposes of the Social Security Act, Colorado's district attorneys are state employees who are not covered by social security


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 90-15

AG Alpha No. LA SS AGARZ

December 10, 1990

No. 90-13 AG Alpha No. LO LG AGARU - November 14, 1990

This opinion responds to the legal status of a fire authority (hereafter, "the Authority") that may be established by the Lakewood and Bancroft Fire districts (hereafter, the "districts"). It is my understanding that the Authority will not replace the districts, but, instead, will be in addition to the districts and will provide fire protection services for the area presently served by the districts. It is also my understanding that the districts will continue to exist and perform all functions not delegated to the Authority.

No. 90-12 AG Alpha No. EX AD AGARV - October 29, 1990

This opinion responds to a possible constitutional attack upon the validity of the legislation which created the Denver Metropolitan Major League Baseball Stadium District (the "Baseball Stadium District"). Your question concerns the application of a specific provision of Article XIV, section 17 of the Colorado Constitution pertaining to the formation of a regional service authority.

No. 90-11 AG Alpha No. SS OA AGART - September 5, 1990

This opinion responds to the authority of the General Assembly to appropriate sums from the Old Age Pension (hereafter "OAP") Health and Medical Fund.

Summary
The General Assembly cannot appropriate or otherwise limit payment from the OAP Health and Medical Care Funds. Such payment, of course, cannot exceed $10 million annually and it must be made for medical or health care provided to OAP recipients pursuant to regulations adopted by the Board of Social Services.

No. 90-11 AG Alpha No. SS OA AGART - September 5, 1990

This opinion responds to the authority of the General Assembly to appropriate sums from the Old Age Pension (hereafter "OAP") Health and Medical Fund.

Summary
The General Assembly cannot appropriate or otherwise limit payment from the OAP Health and Medical Care Funds. Such payment, of course, cannot exceed $10 million annually and it must be made for medical or health care provided to OAP recipients pursuant to regulations adopted by the Board of Social Services.

No. 90-10 AG Alpha No. EX AD AGARQ - August 31, 1990

This opinion responds to the inquiry about the use of proceeds from taxes imposed upon the sale of aviation fuel.

Summary
Taxes imposed on aviation fuel may be used only for aviation purposes.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 90-10

AG Alpha No. EX AD AGARQ

August 31, 1990

No. 90-09 AG Alpha No. HE ME AGARS - August 14, 1990

This opinion responds to whether Metropolitan State College (hereinafter "MSC") would be responsible for providing workmen's compensation insurance to students who are in the process of fulfilling a community service graduation requirement.

Summary
MSC is not responsible for providing workmen's compensation insurance or reimbursement for the cost of such coverage for students who are in the process of fulfilling a community service graduation requirement.

No. 90-08 AG Alpha No. AD AC AGARP - July 5, 1990

This opinion responds to payment of extended per diem expenses to Division of Highways ("the Division") employees who are required by their appointing authority to change their residences.

Summary
A Division employee who has been required to change his place of residence cannot be paid per diem benefits for more than 30 days in the aggregate for the purpose of locating a residence at the new location, even if such payment is designated as necessary for "ordered travel" to the same new work location.

No. 90-07 AG Alpha No. RG SL AGARO - May 16, 1990

This opinion responds to the status of deferred compensation funds in connection with statutory collateralization requirements of "public moneys" in savings and loan institutions.

Summary
Because I conclude that deferred compensation funds are moneys in the custody and control of a governmental unit, they are "public moneys" which, if deposited in eligible saving and loan institutions, must be collateralized in accordance with PDPMA.

No. 90-06 AG Alpha No. LE AU AGARD - April 11, 1990

This opinion responds to the application to the University of Colorado and other state colleges of certain statutory provisions concerning the use of public funds.

Summary
Sections 24-75-601 through -601.5 apply to the university, but, Section 24-75-603 does not; Mesa and Western State Colleges may participate through their board of trustees in the pooling of investment moneys authorized by Sections 24-75-701 and -702; and, the provisions of article 75 title 24 do not appear, and have not been shown to be, inconsistent with each other.

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