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 They may have been superceded by changes in constitutional, statutory, or case law.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. 09-01 AG Alpha No. HE MS AGBCV January 28, 2009

This opinion, requested by Mesa State College President Tim Foster, concerns whether any of the revenues raised under the recently-passed Amendment 50 would be available for Mesa State College and its students.

No. 08-03 AG Alpha No. RV RA AGBCP November 21, 2008

Dan Hartman, Director of the Division of Racing Events and Roxy Huber, Executive Director of the Department of Revenue, have requested an opinion as to the legality of pari-mutuel wagering by Colorado residents by telephone, internet or other electronic device.

No. 08-02 AG Alpha No. HS CW AGBCN February 21, 2008

Karen L. Beye, Executive Director of the Colorado Department of Human Services, requested an opinion from this office concerning the question of whether, under § 26-5-104(7), C.R.S. (2007), unexpended capped funds for child welfare services may be allocated to counties that have exceeded their capped allocation for child welfare services even if the counties have not experienced caseload increases beyond the caseload estimate used to determine their capped allocation.

No. 08-01 AG Alpha No. LO HO AGBCM February 1, 2008

Susan Kirkpatrick, Executive Director of the Colorado Department of Local Affairs, requested an opinion from this office concerning the authority of the Colorado Division of Housing to inspect and certify factory-built structures that are brought to Colorado to be rented, or otherwise used, but are not manufactured, substantially altered or repaired, sold or offered for sale within Colorado.

No. 07-07 AG Alpha No. HE HE AGBCJ November 30, 2007

David Skaggs, Executive Director of the Colorado Department of Higher Education, requested an opinion from this office concerning the question of whether Colorado public high school students who enrolled at institutions of higher education pursuant to §§ 22-35-105(2), (3)(C) and (4), C.R.S. (2007) of the Postsecondary Enrollment Options Act are subject to verification of lawful presence under House Bill 06S-1023, or whether they are exempt from it under of the provisions of § 22-35-105(3)(IV), C.R.S. (2007).

No. 07-06 AG Alpha No. LE SE AGBCK November 29, 2007

Colorado Senate Minority Leader Andy McElhany has requested an opinion concerning whether state workers have a right to refuse to work or “strike,” whether there are any limitations if such a right exists, and finally the effect of Executive Order D 028 07 regarding such a right.

No. 07-05 AG Alpha No. EX AD AGBCH and JD JD AGBCI October 29, 2007

Colorado Governor Bill Ritter (“Governor”) and the Colorado Commission on Judicial Discipline (“Commission”) have requested an opinion concerning the legal powers of a person appointed to the Commission by the Governor after the adjournment of the Colorado Senate.

No. 07-04 AG Alpha No. LO AD AGBCC August 30, 2007

The Department of Local Affairs has requested an opinion concerning the ability of a non-profit entity that has been designated as a public housing agency under federal law to provide housing services with the geographical jurisdiction of state public housing authorities.

No. 07-03 AG Alpha No. HE HE AGBCF August 14, 2007

David Skaggs, Executive Director of the Colorado Department of Higher Education, requested an opinion from this office concerning the question of whether a person qualifies for in-state tuition at a public college or university under the following circumstances: the person is a United States citizen, under the age of 22, and not emancipated; and the person’s parents1 have lived in Colorado for at least 12 continuous months prior to the student’s enrollment with the intent to stay, but are undocumented. As was discussed with Mr.

No. 07-02 AG Alpha No. ED AD AGBCD August 13, 2007

This opinion, requested by Commissioner of Education Dr. William Moloney, concerns whether the newly-enacted § 22-2-105(6), C.R.S., which states that during his term of office a member of the State Board of Education (“State Board”) shall not be an employee of the Colorado Department of Education (“CDE”), will affect the continued employment of State Board member Randy DeHoff as the Executive Director of the Charter School Institute (“Institute”).

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