AGO 85-15.

Case Date:September 30, 1985
Colorado Attorney General Opinions 1985. AGO 85-15. September 30, 1985Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 85-15 AG Alpha No. LO CD AGAOO Gerald F. Groswold, Chairman Colorado Tourism Board 5500 South Syracuse Street Suite 267 Englewood, Colorado 80111 RE: Tourist information centersDear Mr. Mr. Groswold: This opinion letter is in response to your inquiry regarding the authority of the Colorado Tourism board to operate tourism information centers within highway rest areas. QUESTION PRESENTED AND CONCLUSION Your request for an attorney general's opinion presents the following questions: Does The Colorado Tourism Board have the authority under federal and state law to operate tourist information centers within highway rest areas? My conclusion is "yes." Has the Colorado Tourism Board delegated such authority by the contract between the Department of Local Affairs and Travel Horizons, Inc. My conclusion is "no." ANALYSIS The Colorado Tourism Board ("board") was created in 1983 to implement the state policy of promoting and developing tourism and travel in Colorado. Section 24-32-1301 through 24-32-1308, C.R.S. (1982 Supp.). Among the specific powers and duties assigned the board is the responsibility "to gather and disseminate information on Colorado's tourist and travel industries and to operate visitors' centers for the purpose of disseminating such information." Section 24-32-1305(1)(c), C.R.S. (1984 Supp.). The statute further authorizes the purchase or lease of real and personal property deemed necessary for the operation of visitors' centers. Section 24-32-1305(1)(f), C.R.S. (1984 Supp.). I understand from your letter that pursuant to the above statutory direction, the board has developed a plan to construct and operate manned facilities for the dissemination of tourist information near high-volume points of entry into the state. According to the board's plan, several of these facilities will be located within highway rest areas. In 1977, the state legislature adopted the Outdoor Advertising Act which authorized the state department of highways to enter into agreements with any governmental entity to lease land in rest areas for the construction, maintenance, and administration of informational sites. Section 43-1-405(2), C.R.S. (1984)...

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