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1983 Colorado Attorney General Reports and Opinions 1 (1983)

handle is hein.sag/sagco0023 and id is 1 raw text is: EDITED
January 25, 1983
Frank A. Traylor, M.D.
Executive Director
Colorado Department of Health
4210 E. 11th Avenue
Denver, CO 80220
RE:   Proposed bill to create soil conservation land improvement
fund
AG Alpha No. HL WO AGAGO
AG File No. ONR/AGAGO/MZ (EDITED)
Dear Dr. Traylor:
This letter responds to your request for an attorney general's
opinion regarding a proposed bill (the bill) to establish a
soil conservation land improvement fund (the fund).
QUESTIONS-PRESENTED AND CONCLUSIONS
Your letter, as modified by subsequent conversations, raises the
following four constitutional questions:
1. Whether the bill, which authorizes low interest loans for
the construction of soil conservation projects, vi 'llates the ban
on private appropriations found at Colo, Const. art. V, sec. 34?
My conclusion is that the bill does not violate this provi-
sion. If the general assembly determines that the public
benefits of the bill would preponderate over any incidental
private benefit which it created, that determination would
be upheld by the courts.
2. Whether the bill would authorize a pledge of the state's
credit to third parties, in violation of Colo. Const. art. XI,
sec. 1?
My conclusion is that the bill does not authorize the state
to pledge its credit to third parties. The bill would
simply allow the state to make loans to third parties from
any monies which had already been placed in the fund. The
bill does not allow the state to become responsible for the
debts or obligations of any person.

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