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1997 Colorado Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagco0051 and id is 1 raw text is: GALE A. NORTON STATE OF COLORADO STATE SERVICES BUILDING Attorney General 1525 Sherman Street - 5th Tloor DEPARTMENT OF LAW Denver Colorado 80203 MARTHA PHILLIPS ALLBRIGHT Phone (303) 8664500 Chief Deputy Attorney General OFFICE OF THE ATTORNEY GENERAL FAX (303) 866-5691 RICHARD A. WESTFALL Solicitor General FORMAL OPINION No. 97-1 of March 11, 1997 GALE A. NORTON Attorney General This Opinion responds to an inquiry from the State Comptroller regarding the use of general funds to pay an enterprise as that term is used in Article X, Section 20 of the Colorado Constitution (TABOR). QUESTIONS PRESENTED AND CONCLUSIONS Whether a designated enterprise, the Division of Correctional Industries, which provides license plates, validating tabs and decals under a letter of agreement with the Department of Revenue is automatically disqualified as an enterprise because it receives a direct appropriation for such license plates, tabs and decals. No. A designated enterprise may continue to qualify as an enterprise under TABOR, even though it receives a direct appropriation of monies, so long as the appropriation constitutes revenues resulting from the provision of goods or services pursuant to § 24-77-102(7)(b)(II), C.R.S. BACKGROUND TABOR was proposed by initiative and was approved by the voters in the general election on November 3, 1992. This multi- faceted provision requires voter approval for certain tax increases and the incurring of multiple fiscal year debts or financial obligations. It also limits the growth of revenues and limits spending. See Submission of Interrogatories on Senate Bill 93-74, 852 P.2d 1 (Colo. 1993). TABOR is included in Article X of the Colorado Constitution, which deals with revenue.

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