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 They may have been superceded by changes in constitutional, statutory, or case law.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. 90-01 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

No. 89-04 AG Alpha No. AD AC AGARI - November 30, 1989

Fiscal Year 1989-90 capital construction contracts for professional services

Summary
Section 24-30-1404(7), C.R.S. (1989 Supp.) applies to capital construction contracts for fiscal year 1989-90. If a contract for professional services is not executed and encumbered within 6 months after the project's appropriation becomes law, then the appropriation is no longer available. Similarly, if a contract with a project contractor is not executed within 6 months after the appropriation becomes law, the appropriation is no longer available.

No. 89-02 AG Alpha No. ST AD AGARB - June 30, 1989

Wyoming limited liability companies registering as foreign corporations.

Summary
Wyoming limited liability companies cannot obtain from Colorado certificates of authority as foreign corporations.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 89-2

AG Alpha No. ST AD AGARB

June 30, 1989

No. 89-01 AG Alpha No. LO AD AGARC - May 1, 1989

Whether Boards of County Commissioners Can Remove Health Board Members Without Cause

Summary
County board of health members are appointed for terms fixed by statute. Consequently, they do not serve at the pleasure of the appointing authority and may not be removed without cause.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 89-1

AG Alpha No. LO AD AGARC

May 1, 1989

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.

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