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 They may have been superceded by changes in constitutional, statutory, or case law.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. 85-02 AG Alpha No. AD AC AGANY - February 6, 1985

Effect of initiated constitutional amendment prohibiting the use of "public funds" for induced abortions on state employee health insurance coverage

No. 85-01 AG Alpha No. RV AD AGANV - January 22, 1985

Interest on refunds claimed on an amended tax return

No. 84-27 AG Alpha No. HE HE AGANX - December 26, 1984

Applicability of Colorado Open Meetings and Open Records Acts to state institutions of higher education

Summary
Neither the Open Meetings nor the Open Records Act expressly apply to the state institutions of higher education. Thus, because of the holdings in Uberoi and Associated Students, supra, I must conclude that these institutions may adopt their own procedures concerning the disclosure of their records to the public and the conduct of their meetings.

No. 84-26 AG Alpha No. CO ED AGANU - December 24, 1984

Mandatory housing of violent offenders in major institutions for at least 6 months.

Summary
There is no statutory definition of the phrase "violent offender" which appears in section 17-25-103 so the department may interpret the phrase in accord with its commonly accepted meaning.

The 6 month time period required by section 17-25-103 should begin upon the inmate's reception at any diagnostic unit operated by the department and should not include any time spent in presentence confinement.

No. 84-25 AG Alpha No. LW CU AGANO - December 12, 1984

Re-enrollment of nonresident students changing tuition status

Summary
A requirement for qualified out-of-state students to re-enroll before being permitted to matriculate as in-state students requires legislative action by the general assembly. Such a legislative discrimination would withstand constitutional challenge only if it is part of a scheme that is rationally related to a legitimate state interest.


FORMAL
OPINION

of

No. 84-24 AG Alpha No. EX AD AGANP - December 11, 1984

Public employee use of annual leave to work on political campaigns

Summary
In accordance with the above principles of statutory construction, it is my conclusion that section 1-45-116(1)(d), C.R.S. (1980) does not prohibit an employee or officer of a public agency from using annual leave to work on a political campaign.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 84-24

AG Alpha No. EX AD AGANP

No. 84-23 AG Alpha No. RV MV AGANW - November 29, 1984

Victims and witnesses assistance and law enforcement fund; application to penalty assessments

Summary
The surcharge imposed on fines by section 24-4.2-104, C.R.S. (1984 Supp.) applies only to criminal actions charged pursuant to the penalty assessment provisions of sections 42-4-1501 and 33-6-104, C.R.S. (1984). The surcharge is to be collected by the clerk of the court after judgment is entered on the action by the court.

No. 84-21 AG Alpha No. LE HR AGANZ - November 28, 1984

Appointment of members to the Joint Budget Committee

Summary
The speaker of the house has both the power and duty to appoint the house members to the Joint Budget Committee in a manner consistent with the statute.


FORMAL
OPINION

of

DUANE WOODARD
Attorney General

No. 84-21

AG Alpha No. LE HR AGANZ

November 28, 1984

No. 84-22 AG Alpha No. LE HR AGANQ - November 28, 1984

Constitutional impediments to legislative action concerning the reorganization of higher education in Colorado

No. 84-20 AG Alpha No. EX AD AGANT - November 20, 1984

Interim appointments to the State Board of Equalization

AG Opinions

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