AGO 84-23.

• Case Date: November 29, 1984
• Court: Colorado

Colorado Attorney General Opinions 1984. AGO 84-23. November 29, 1984Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 84-23 AG Alpha No. RV MV AGANW Alan N. Charnes Executive Director Department of Revenue State of Colorado 486 Capitol Annex 1375 Sherman Street Denver, Colorado 80261 RE: Victims and witnesses assistance and law enforcement fund; application to penalty assessmentsDear Mr. Charnes: This opinion letter is in response to your October 31, 1984 letter, in which you inquired about the authority of the Department of Revenue to collect the Victims and Witnesses Assistance and Law Enforcement Fund surcharge on penalty assessment notices. QUESTION PRESENTED AND CONCLUSION Your request for an attorney general's opinion presents the following questions: Does section 24-4.2-104(1)(b), C.R.S. (1984 Supp.) authorize the department to collect the surcharge provided for in section 24-4.2-104(1)(a), C.R.S. (1984 Supp.) in addition to the amount due on a penalty assessment? No. Does the surcharge provided for in section 24-4.2-104(1), C.R.S. (1984 Supp.) apply to penalty assessments for traffic infractions as well as traffic violations? No. ANALYSIS Section 24-4.2-104(1)(a), C.R.S. (1984 Supp.) imposes a surcharge on fines imposed on criminal actions which are charged pursuant to state statute. Subsection (1)(b) of this section also imposes the surcharge on "actions which are charged pursuant to the penalty assessment provisions of sections 33-6-127 and 42-4-1501, C.R.S."(fn1) The Victims and Witnesses Assistance and Aid to Law Enforcement Act provides no mechanism or authority for the Department of Revenue or the Division of Wildlife to collect the surcharge. Section 24-4.2-104(1)(a), C.R.S. (1984 Supp.) provides that the surcharge shall be paid to the clerk of the court and subsection 2 of that section applies sections 16-11-501 and 502, C.R.S. (1978 & 1984 Supp.) to collection of the surcharge. These sections of title 16 are administered by the courts. More importantly, the Victims and Witnesses Assistance and Aid to Law Enforcement Act provides no mechanism for the Department of Revenue or the Division of Wildlife to deposit or distribute any funds collected under the Act, but provides the district court administrators with authority to disburse the...