AGO 90-11.

Case Date:September 05, 1990
Colorado Attorney General Opinions 1990. AGO 90-11. STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL FORMAL OPINION OF DUANE WOODARD Attorney General Opinion No. 90-11 AG Alpha No. SS OA AGART EDITED September 5, 1990Irene M. Ibarra Executive Director Department of Social Services 1575 Sherman Street, 8th Floor Denver, Colorado 80203 RE: Appropriations from Old Age Pension Health and Medical FundDear Ms. Ibarra: I am writing in response to your August 8, 1990, inquiry about the authority of the General Assembly to appropriate sums from the Old Age Pension (hereafter "OAP") Health and Medical Fund. QUESTIONS PRESENTED AND CONCLUSIONS Does the General Assembly have the authority to appropriate or limit the expenditure or transfer of moneys in the OAP Health and Medical Fund? No. The authority to cause moneys to be spent from the OAP Health and Medical Care Fund resides exclusively with the State Board of Social Services. ANALYSIS Article XXIV of the Colorado Constitution establishes the OAP Fund. The key features of this Fund can be summarized as follows: a. Eighty-five percent (85%) of nearly all sales and liquor tax revenue, and all inheritance tax revenue and incorporation fees, together with other revenues, are allocated to the OAP Fund. Colo. Const. art. XXIV, Section 2. b. The State Board of Social Services has the authority to administer the OAP Fund and to "cause all moneys deposited" in the fund "to be paid out" as directed by the Constitution. Colo. Const. art. XXIV, Section 4; Section 24-1-120(2), C.R.S. (1988). c. All moneys deposited in the OAP Fund are available first to pay basic minimum awards to eligible elderly citizens. Any funds available after the basic minimum awards have been made are available to maintain a $5 million Stabilization Fund. Any funds available after maintaining the Stabilization Fund "shall be transferred to a health and medical care fund" of up to $10 million. Colo. Const. art. XXIV, Section 7. d. The State Board of Social Services has authority to adopt regulations to provide health and medical care for citizens eligible to receive OAP awards within the $10 million limit of the Health and Medical Care Fund. Colo. Const. art. XXIV, Section 7(c). e. "All moneys deposited in the Old Age Pension Fund shall remain available for the purpose for which created, and no part thereof shall...

To continue reading