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 They may have been superceded by changes in constitutional, statutory, or case law.
Authority of a political subdivision to impose sales tax on state lottery tickets
Summary
A political subdivision may not impose a sales tax on the sale of lottery tickets issued by the State Lottery Division.
| FORMAL OPINION of DUANE WOODWARD |
No. 87-2
AG Alpha No. RL LO AGAPW April 17, 1987 |
Whether a pledge of eligible collateral pursuant to the Colorado Public Deposit Protection Act protects public deposits if a public depository fails.Summary
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.
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 |
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.
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.
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 |
No. 86-12
AG Alpha No. ED AD AGAPM August 29, 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:
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 |
No. 86-10
AG Alpha No. SS AS AGAPI August 14, 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.