AG Opinions

These opinions were based on the law as it existed at the time the opinions were issued. They may have been superceded by changes in constitutional, statutory, or case law.

No. 15-04 April 8, 2015

This Opinion, requested by the Colorado Department of Public Health and Environment (“CDPHE”), analyzes whether the Healthy Kids Colorado Survey (“HKCS” or “Survey”), when administered in accordance with specifically defined “passive consent” or “opt-out” procedures, complies with federal and state statutes regarding student privacy. 

No. 15-03 February 4, 2015

This opinion, requested by Robert Hammond, Commissioner of Education of the Colorado Department of Education, concerns the statutory authority of the Colorado State Board of Education ("SBOE") to grant waivers to school districts of the performance-based component of the state-mandated assessments for English Language Arts and Math.

No. 15-01 January 8, 2015

This opinion, requested by the Independent Ethics Commission (“the IEC”), concerns whether the IEC may release to the Colorado Office of the State Auditor (“OSA”) complaints the IEC has deemed “frivolous,” which the IEC must maintain as confidential under the Colorado Constitution.

No. 15-02 January 15, 2015

This opinion, requested by Larry Wolk, Executive Director of the Colorado Department of Public Health and Environment (“CDPHE” or “Department”), addresses the permissible disclosures of the Department’s Medical Marijuana Registry (“Registry”) to law enforcement who seek verification of Registry patients’ recommended amounts of marijuana plants or ounces provided by their physician on the Registry application. 

No. 14-04 December 19, 2014

This opinion requested by the Colorado Department of Public Health and Environment (CDPHE) concerns the legal distribution of monies from the medical marijuana program cash fund.

No. 14-03 October 9, 2014

This opinion, requested by Laura L. Manning, Director of the Division of Gaming of the Colorado Department of Revenue, addresses the legality under Colorado law of sweepstakes offered at internet cafes, cyber cafes, and other similar establishments.

No. 14-02 August 12, 2014

This opinion, requested by Robert Hammond, Commissioner of Education of the Colorado Department of Education, concerns the implementation of the READ Act, § 22-7-1201 et seq., C.R.S., among English Language Learner students in those districts utilizing literacy instruction in both English and Spanish.

No. 14-01 AG Alpha No. HI HP AGBDY August 1, 2014

This opinion, requested by Don Hunt, Executive Director of the Colorado Department of Transportation (“CDOT”), addresses how the spending limits set forth in Colo. Const. art. X, § 20 (commonly known as the “TABOR Amendment”) apply to the transfers of non-cash assets from a TABOR-exempt enterprise operating within CDOT to CDOT, a department of the state (“State”).

No. 13-02 G Alpha No. GA AD AGBDW December 13, 2013

On July 17, 2013, Laura L. Manning, Director of the Division of Gaming of the Colorado Department of Revenue (the “Division”) requested a formal legal opinion from this office regarding the permissibility of gambling via the Internet (“Online Gambling”) under Colorado law and taxation of the same.

No. 13-01 AG Alpha No. GA AD AGBDV July 19, 2013

This opinion, requested by the Colorado Department of Revenue, Division of Gaming, concerns distribution of moneys from the Limited Gaming Fund to the state’s district attorneys.

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