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 They may have been superceded by changes in constitutional, statutory, or case law.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. 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.

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.

No. 12-07 AG Alpha No. LW AG AGBDT December 27, 2012

On August 28, 2012, Barbara J. Brohl, Executive Director of the Colorado Department of Revenue (the “Department”) and David J. McDermott, State Controller within the Colorado Department of Personnel and Administration (“the Controller”), jointly requested a formal legal opinion from this office regarding the applicability of Section 24-30-203.5, C.R.S., (the “Recovery Audit Statute” or the “Statute”) to state tax refunds.

No. 12-06 AG Alpha No. ST EL AGBDQ September 5, 2012

This opinion, requested by Secretary of State Scott Gessler, concerns the effect of congressional redistricting and state legislative reapportionment on candidate petition signature requirements. 

QUESTION PRESENTED AND ANSWER

Question: For the 2012 and 2014 primary and general elections, how should the Secretary of State calculate the candidate petition requirements for races affected by the redistricting and reapportionment that followed the 2010 Federal Census?

No. 12-05 AG Alpha No. LO HO AGBDN June 25, 2012

Bruce Eisenhauer, Deputy Executive Director of the Colorado Department of Local Affairs, requested an opinion from this office concerning the impact of Senate Bill 12-158 (“S.B. 12-158”), which will take effect on July 1, 2012, on the Colorado Division of Housing and the Division of Supportive Housing and Homeless Programs (“SHHP”) within the Department of Local Affairs.

No. 12-04 AG Alpha No. HE CO AGBDU - June 19, 2012

This opinion, requested by the Colorado Community College System, addresses the authority of state institutions of higher education in Colorado to provide discounted tuition to students who cannot prove they are lawfully present within the United States.

No. 12-03 AG Alpha No. LO HO AGBDN - May 16, 2012

Bruce Eisenhauer, Deputy Executive Director of the Colorado Department of Local Affairs, requested an opinion from this office concerning the impact of House Bill 11-1230 (H.B. 11-1230") on the Division of Supportive Housing and Homeless Programs ("SHHP") within the Colorado Department of Human Services. After the request for opinion was received by this office, John W. Hickenlooper, Governor of the State of Colorado, issued Executive Order D 2011-008 ("Executive Order") on June 24, 2011, concerning the transfer of SHHP to the Department of Local Affairs required by H.B. 11-1230.

No. 12-02 AG Alpha No. ED CI AGBDP - February 16, 2012

This opinion, requested by Brandon Shaffer, president of the Colorado State Senate, concerns the application of Colorado Constitution art. X, sect. 20 (commonly know as the TABOR Amendment) to institute charter schools established under § 22-30.5-501, C.R.S.

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