AGO 86-16.

Case Date:December 17, 1986
Court:Colorado
 
FREE EXCERPT
Colorado Attorney General Opinions 1986. AGO 86-16. December 17, 1986Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 86-16 AG Alpha No. LO LG AGAPS Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street, Rm. 518 Denver, Colorado 80203 RE: Whether Boards of County Commissioners have authority to alter or lower the budgets of Library and Hospital Boards.Dear Mr. Smith: This is in reply to your request for an Attorney General's opinion inquiring, first whether the Local Government Budget Law, sections 29-1-101 to 118, C.R.S. (1986), applies to Library or Hospital Boards; second, whether a Board of County Commissioners has the authority to alter or lower the budget of either a Library or Hospital Board; and third, whether a Board of County Commissioners can levy taxes up to and including 1.5 mills without a vote of the electorate for the support of library services. Your inquiry is limited to those situations where a county has established a Library or Hospital Board. QUESTIONS PRESENTED AND CONCLUSIONS Your request for an Attorney General's opinion presents three questions: Does the Local Government Budget Law apply to Library or Hospital Boards? No. Do Boards of County Commissioners have the authority to alter or lower the budget of Library or Hospital Boards? Yes. Can the Board of County Commissioners levy taxes of up to and including 1.5 mills without a vote of the electorate for the support of a library district? Yes. ANALYSIS By its very terms, the Local Government Budget Law applies to "all subdivisions of the state which have the power to appropriate money or levy taxes except home rule cities, cities and counties, cities operating under a charter, school districts and junior college districts." Section 29-1-102, C.R.S. (1986) (emphasis added). Neither Library nor Hospital Boards fall within the provisions of the Local Government Budget Law, since neither type of Board is empowered to appropriate money or levy taxes. A Library Board can be established in a county either by initiative of the county legislative body, i.e. the Board of County Commissioners, or upon a petition and vote of county residents in a general election. Section 24-90-107(1) and (2), C.R.S. (1982). Hospital Boards are created by Boards of County...

To continue reading

FREE SIGN UP