AGO 86-14.
Case Date | October 06, 1986 |
Court | Colorado |
Colorado Attorney General Opinions
1986.
AGO 86-14.
October 6, 1986Department of Law
Attorney General Opinion FORMAL OPINION
of DUANE WOODARD
Attorney General Opinion No. 86-14
AG Alpha No. TR TR
AGAPH B. J. Thornberry
Deputy Treasurer
Department of the Treasury
140 State Capitol
Denver, Colorado 80203 RE: Federal deposit insurance coverage
of deposits of state college and university funds in banks and savings and loan
associationsDear Ms. Thornberry:
You have asked whether the state treasurer is the "official
custodian" of state college and university funds and, if so, whether each
college or university is a separate "public unit" for purposes of deposit
insurance coverage by the Federal Deposit Insurance Corporation ("FDIC") and
the Federal Savings and Loan Insurance Corporation ("FSLIC").
QUESTIONS PRESENTED AND CONCLUSIONS
Whether the state treasurer is the official custodian of any or
all of the funds of the state colleges and universities.
With the possible exception of certain "special funds," the state
treasurer is the official custodian of the funds of all state college and
university governing boards.
If so, whether the funds of each state college or university
governing board deposited by the treasurer in a federally insured bank or
savings and loan association will be separately insured up to a maximum of
$100,000?
No.
ANALYSIS
This office has on several occasions analyzed the scope of
federal insurance coverage for deposits of state moneys in Colorado banks and
savings and loan associations. In earlier opinions, we have examined several
different state agency accounts (April 10, 1978; April 20, 1981; February 18,
1983; May 8, 1985; and, November 19, 1985). However, none of these opinions
have dealt with state institutions of higher education. Therefore, before
turning to your substantive questions, a preliminary issue must be addressed.
You have asked about federal insurance coverage of deposits made by state
"colleges and universities." The Legislature has established several corporate
governing boards to which general control and supervision of individual state
institutions of higher education has been committed. The colleges and
universities under these boards' governance have no independent legal
existence. See generally Rivas v. State Board for Community Colleges and
Occupational Education, 517 F. Supp. 467 (D. Colo. 1981). My analysis of
deposit insurance coverage of institutional funds thus focuses on the governing
boards and not on the subordinate colleges and universities the boards manage.
This opinion will consider the "public unit" status of the
following governing boards (hereafter referred to as the "governing boards" or
"boards"): (1) the Board of Regents of the University of Colorado, sections
23-20-101 to 135, C.R.S. (1973 & 1986 Supp.); (2) the State Board of
Agriculture (Colorado State University, Fort Lewis College, University of
Southern Colorado), sections 23-30-101 to 116, C.R.S. (1973 & 1986 Supp.);
(3) the Board of Trustees of the University of Northern Colorado, sections
23-40-101 to 105, C.R.S. (1973 & 1986 Supp.); (4) the Board of Trustees of
the Colorado School of Mines, sections 23-41-101 to 122, C.R.S. (1973 &
1986 Supp.); (5) the Trustees of the Consortium of State Colleges in Colorado
(Metropolitan State College, Mesa College, Western State College of Colorado,
Adams State College of Colorado), sections 23-50-101 to 112, C.R.S. (1973 &
1986 Supp.); (6) The State Board for Community Colleges and Occupational
Education (Arapahoe Community College, Community College of Aurora, the
Community College of Denver, Front Range Community College, Lamar Community
College, Morgan Community College, Otero Junior College, Pikes Peak Community
College, Pueblo Community College, Red Rocks Community College, and Trinidad
State Junior College), sections 23-60-101 to 210, C.R.S. (1973 & 1986
Supp.) and (7) The Board of Directors of the Auraria Higher Education Center,
sections 23-70-101 to 112, C.R.S. (1986 Supp.).(fn1)
Under federal law, each "official custodian" of the funds of a
"public unit" depositing the public unit's moneys in a federally insured bank
or savings and loan association ("S & L") is separately insured by the FDIC
or FSLIC up to $100,000 for such deposits. See 12 U.S.C. secs. 1813(m)(1) and
1728(d)(1)(ii)(1980). In other words, if a single public unit has more than one
official custodian, each custodian depositing the public unit's funds in a
particular bank or S & L is a separately insured depositor. Conversely,
when the same person acts as the official custodian of the funds of two or more
public entities, the deposits of each entity at a federally insured institution
will be separately insured up to the $100,000 maximum, if, but only if, each
entity is a separate "public unit." See 12 C.F.R. secs. 330.8(a)(6) and
564.8(a)(2)(1986).
Therefore, for the purpose of determining whether deposits of
governing board funds in a federally insured bank or S & L will be
separately insured to the maximum...
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