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1994 Colorado Attorney General Reports and Opinions 1 (1994)

handle is hein.sag/sagco0045 and id is 1 raw text is: GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING Attorney General 1525 Sherman Street - 5th Floor DEPARTMENT OF LAW Denver, Colorado 80203 STEPHEN K. ERKENBRACK Phone (303) 866-4500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 TIMOTHY M. TYMKOVICH Solicitor General FORMAL OPINION No. 94-1 of February 7, 1994 GALE A. NORTON Attorney General This Formal Attorney General Opinion responds to the Gener- al Assembly's request for an opinion regarding limits on payment for capital construction projects from net lottery proceeds. This opinion is based upon this office's interpretation of Amend- ment 8, the Great Outdoors Colorado Program (GOCO) Amendment, article XXVII, Colorado Constitution. GOCO was a citizen's ini- tiative to amend the Colorado Constitution. It was approved at the General Election on November 3, 1992. GOCO purported to adopt a constitutional reapportionment of all net proceeds of the state's lottery in order to dedicate those proceeds to the state's wildlife, park, river, trail and open space heritage as well as the repayment of certain preexist- ing financial obligations of the state. Article XXVII, § 3(1) adopts a definition of net proceeds for every state supervised lottery game operated under the authority of article XVIII, § 2, of the Colorado Constitution. All such net proceeds are set aside, allocated, allotted, and continuously appropriated for the preservation, protection enhancement and management of the state's wildlife, park, river, trail and open space heritage. The net lottery proceeds are allotted to the Conservation Trust Fund for distribution pursuant to the formula prescribed in article XXVII, § 4. GOCO provided for a transition period through the fourth quarter state fiscal year 1997-1998. During the transition period net lottery proceeds are to be distributed to the Conservation Trust Fund and the Division of Wildlife in amounts allocable thereto under statute as amended through Janu- ary 1, 1992 and to the State Capital Construction Fund to pay certain debt service enumerated in GOCO. The remaining net pro-

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