AGO 90-2.

Case Date:February 01, 1990
Colorado Attorney General Opinions 1990. AGO 90-2. STATE OF COLORADO OFFICE OF THE ATTORNEY GENERAL FORMAL OPINION OF DUANE WOODARD Attorney General Opinion No. 90-2 AG Alpha No. RV MV AGARJ February 1, 1990John J. Tipton Executive Director Colorado Department of Revenue 404 Capitol Annex 1375 Sherman St. Denver, CO 80261 RE: Distributive Data Processing SystemDear Mr. Tipton: This opinion letter is in response to your letter of December 15, 1989, in which you inquired whether the Distributive Data Processing System is exempt from the authority of the Commission on Information Management. QUESTION PRESENTED AND CONCLUSION Whether the Distributive Data Processing System is exempt from the authority of the Commission on Information Management and the requirements of Sections 24-30-1702 and 1703, C.R.S. (1988). No, it is not. ANALYSIS In 1983, the General Assembly established a Statewide Distributive Data Processing System (hereinafter the "System"), to provide the necessary data processing equipment and software for processing motor vehicle registration and title documents. Section 42-1-210.1, C.R.S. (1984). This System is managed by the Department of Revenue (hereafter, "the Department"). Section 42-1-210.1(1), C.R.S. (1984). Plans for the development and operation of this System must initially be approved by an Advisory Committee, the members of which are appointed by the Executive Director of the Department from among "authorized agents." Section 42-1-210.1(4)(a), C.R.S. (1989 Supp.).(fn1) Funds for the operation of the System are derived from fees imposed by Section 38-29-138(1), (2), and (5), C.R.S. (1982), and Sections 42-3-106(24) and 42-6-135(1), (2), and (5), C.R.S. (1984). Those fees are collected and placed in a Special Purpose Account in the Highway Users Tax Fund pursuant to Section 42-1-210.1(2), C.R.S. (1984). In 1987, four years after the establishment of the System, the General Assembly enacted Sections 24-30-1701 through -1704, C.R.S. (1988). This statute created in the Department of Administration the Commission on Information Management (hereafter, "the CIM"). Section 24-30-1701, C.R.S. (1988). The purpose of the CIM is to oversee strategic planning and set policy for the state's information systems, and to assure continuity in planning and controlling the state's investment in information systems. Section...

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