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2010 Colorado Attorney General Reports and Opinions 1 (2010)

handle is hein.sag/sagco0076 and id is 1 raw text is: * 17 JOHN W. SUTHERS STATE OF COLORADO Attorney General STATE SERVICES BUILDNG DEPATMET OFLAW1525 Sherman Street - 7th Floor CYNTHIA H. COFFMAN Denver Colorado 80203 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL Phone (303) 866-4500 DANIEL D. DOMENICO Solicitor General FORMAL ) OPINION ) No. 10-01 OF ) AG Alpha No. EX ED AGBDB JOHN W. SUTHERS ) January 15, 2010 Attorney General ) This opinion, requested by Governor Bill Ritter, Jr., concerns the application of Colorado laws allocating a portion of state capital construction appropriations to the acquisition of works of art to construction projects being financed through the Higher Education Federal Mineral Lease Revenues Fund. QUESTION PRESENTED AND CONCLUSION Question: Whether section 24-80.5-101(3)(a)(1), C.R.S. (2009), which requires that one percent of each capital construction appropriation for a public construction project be set aside for the Arts in Public Places Program, applies to those capital construction projects financed by certificates of participation through the Higher Education Federal Mineral Lease Revenues Fund. Answer: No. Given the nature of the financing scheme involved, the use of moneys in the Higher Education Federal Mineral Lease Revenues Fund to fund certificates of participation cannot be considered a capital construction appropriation triggering the one percent set-aside for the Arts in Public Places Program under section 24-80.5-101(3)(a)(1), C.R.S. (2009). BACKGROUND In 2008, the General Assembly enacted Senate Bill 08-218, which established the Higher Education Federal Mineral Lease Revenues Fund and provided that certain federal mineral lease revenues would be deposited in that fund. That Bill, in conjunction with Senate Bill 08-233, specified that certain higher education capital construction projects approved by the General Assembly would be financed utilizing lease-purchase agreements