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 They may have been superceded by changes in constitutional, statutory, or case law.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. 90-08 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.

No. 90-05 AG Alpha No. LE HR AGARN - March 23, 1990

This opinion responds to the use of Public Employees' Retirement Association (hereafter, "PERA") retirement funds for lobbying purposes.

Summary
PERA funds may be expended for lobbying on legislation related to the PERA statute. Such use of PERA funds would not jeopardize PERA's federal tax status or otherwise violate federal or state law.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 90-04 AG Alpha No. RV MV AGARM - March 6, 1990

This opinion responds to the distribution of automobile registration and title records.

Summary
The motor vehicle titles and registrations kept on file by the county are documents subject to public inspection and distribution pursuant to the Public Records Act. Upon appropriate request, the County Clerks are obligated to distribute copies of those records. When called upon to do so, however, they may charge and retain a reasonable fee for providing copying services.

No. 90-03 AG Alpha No. TR AD AGARL - February 26, 1990

This opinion responds to the manner in which moneys in the Public Buildings Trust Fund (hereinafter "the Fund") may be used and obtained for such use.

No. 90-02 AG Alpha No. RV MV AGARJ - February 1, 1990

This opinion responds to whether the Distributive Data Processing System is exempt from the authority of the Commission on Information Management.

Summary
The Distributive Data Processing System created by Section 42-1-210.1, C.R.S. (1984) is not exempt from the authority of the Commission on Information Management.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 90-2

AG Alpha No. RV MV AGARJ

No. 90-01 AG Alpha No. AD PU AGARE - January 12, 1990

This opinion responds to the authority of University Hospital after divestiture to enter into cooperative purchasing agreements.

No. 89-03 AG Alpha No. RG IN AGARF - October 16, 1989

Automobile Insurance Premium Rates and Underwriting Guidelines

Summary
The Division of Insurance cannot require all insurance companies to cut all automobile insurance premiums by 20 percent. Likewise, the Division cannot require that all insurance companies not raise automobile insurance premiums for 2 years. The Division can upon hearing enter an order requiring all auto insurers to obtain prior approval before they raise their rates.

No. 89-05 AG Alpha No. LO PT AGARG - December 6, 1989

Including Producing Mines Valuation Procedures in Assessors' Manuals.

Summary
The Administrator may, if he or she chooses to do so, include Section 39-6-106 producing mines valuation procedures in manuals published pursuant to Section 39-1-109(1)(e).


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 89-5

AG Alpha No. LO PT AGARG

December 6, 1989

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