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 They may have been superceded by changes in constitutional, statutory, or case law.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. 12-01 AG Alpha No. ED SB AGBDO - January 23, 2012

This opinion, requested by Commissioner of Education Robert K. Hammond, concerns whether it is permissible for the State Board of Education to grant waivers to a school district under the Innovation Schools Act of 2008, when the program for which the waivers are being requested is an entirely new program and not an existing school.

No. 11-02 AG Alpha No. HS SH AGBDJ - March 24, 2011

This opinion, requested by Ken Cole, the director of the Mental Health Institutes, Colorado Department of Human Services, Office of the Behavioral Health and Housing, concerns the extent to which federal law allows the Colorado Mental Health Institute at Pueblo to notify outside authorities, including media and public schools, when forensic patients escape or when patients elope, and to what extent the Colorado Mental Health Institute at Pueblo can provide current threat assessments when patients escape or elope.

No. 11-01 AG Alpha No. EC AD AGBDK - January 13, 2011

This opinion, requested by the Director of the Colorado Governor's Energy Office, concerns application of Colorado law to interconnection agreements between cooperative electric associations and their customers who install renewable energy systems.

No. 10-02 AG Alpha No. EX AD AGBCY - February 1, 2010

On June 4, 2008, Governor Bill Ritter signed into law HB 08-1407, which increased the penalties that the Colorado Commissioner of Insurance (“Commissioner”) may impose against insurance companies for violations of Colorado insurance laws pursuant to sections 10-1-205(3)(b) and 10-3-1108, C.R.S.  HB 08-1407 also created a statutory cause of action for first-party claimant insureds to sue insurance companies for the unreasonable delay or denial of insurance claims pursuant to section 10-3-1116, C.R.S.  The provisions of HB 08-1407 became effective August 5, 2008.

No. 10-01 AG Alpha No. EX ED AGBDB - January 19, 2010

This opinion, requested by Governor Bill Ritter, Jr., concerns the application of Colorado laws allocating a portion of state capital construction appropriations to the acquisition of works of art to construction projects being financed through the Higher Education Federal Mineral Lease Revenues Fund.

No. 09-06 AG Alpha No. EX AD AGBDD - November 16, 2009

Governor Bill Ritter, Jr., through his Chief Legal Counsel Thomas M. Rogers, III, requested an opinion from this office regarding the applicability of state sales tax to the purchase and sales of medical marijuana.

No. 09-05 AG Alpha No. EX AD AGBCW July 16, 2009

Governor Bill Ritter, through his Chief Legal Counsel Thomas M. Rogers, III, requested an opinion from this office on whether the governor may order mandatory furloughs for State employees in executive agencies and, if so, whether he may order mandatory furloughs in a particular department or departments, but exclude otherwise similarly-situated positions in other departments from these furloughs; and whether he may exempt from mandatory furloughs positions with particular duties or positions in particular agencies or divisions?

No. 09-04 AG Alpha No. EX AD AGBCX July 13, 2009

This opinion, requested by Governor Ritter's Chief Legal Counsel Thomas M. Rogers, III, concerns whether funding limitations on the calculation of Adams State College's full-time equivalent student enrollment enacted into law by House Bill 09-1272 are consistent with Article XVIII, § 9(7)(c)(III)(A) of the Colorado Constitution (hereinafter "Amendment 50 ").

No. 09-03 AG Alpha No. RL LO AGBCS June 9, 2009

This opinion, requested by Jack Boehm, Director of Colorado Lottery Division ("Lottery"), addresses the applicability of sections 24-72.1-101 through -106, C.R.S. (2008) ("Secure and Verifiable Identity Documents Act," hereinafter "SVIDA") and sections 24-76.5-101 through -103 C.R.S. (2008) ("Restrictions on Public Benefits Act," hereinafter "RPBA") to sales of Lottery tickets and licensing of Lottery retailers.

No. 09-02 AG Alpha No. HS AD AGBCR April 6, 2009

 Brad Mallon, Director of the Colorado Department of Human Services ("DHS") Division of Human Resources, requested an opinion from this office concerning the question of whether Clinical Security Officers employed at the Colorado Mental Health Institute at Pueblo ("CMHIP") must be reclassified unless they become Peace Officers.

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