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 They may have been superceded by changes in constitutional, statutory, or case law.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. 06-04 AG Alpha No. HL NH AGBBU April 11, 2006

This opinion, requested by the Executive Director of the Colorado Department of Public Health and Environment, concerns the right of the Office of the State Auditor (“Auditor”) to access certain confidential information held by the Health Facilities and Emergency Medical Services Division of the Colorado Department of Public Health and Environment (“Department”).

No. 06-03 AG Alpha No. LE AU AGBBQ March 30, 2006

This opinion concerns the application of the County, Municipal, and Political Subdivision Officers’ and Employees’ Retirement Systems, § 24-54-101, et seq. C.R.S. (2005) to metropolitan sewage disposal districts. The opinion is issued at the request of Colorado State Auditor Joanne Hill.

No. 06-02 AG Alpha No. TR TR AGBBS March 13, 2006

This opinion is issued at the request of Deputy State Treasurer Benson M. Stein. The Deputy Treasurer's letter asks a question regarding the disposition of investment interest earned on moneys in school districts' bond redemption funds.

No. 06-01 AG Alpha No. HE HE AGBBT January 23, 2006

This opinion, requested by Executive Director Rick O'Donnell, concerns the authority of the Colorado Commission on Higher Education ("CCHE") to grant in-state tuition status to undocumented aliens.

No. 05-07 - AG Alpha No. ST AD AGBBR - October 18, 2005

This opinion, requested by Secretary of State Donetta Davidson and resubmitted by Secretary of State Gigi Dennis, concerns the counting of partial terms for purposes of legislative term limits.

No. 05-06 - AG Alpha No. LO AD AGBBO - October 17, 2005

This opinion, requested by the Department of Local Affairs, concerns the distribution of mineral leasing funds granted to the State of Colorado pursuant to § 34-63-101, C.R.S. (2005). It is being issued to clarify whether the portion of the monies allotted in § 34-63-102(3)(b)(III), C.R.S. (2005) may be distributed to counties with at least one mine but with no residents who are employees of the mine.

No. 05-05 - AG Alpha No. LO AD AGBBP - September 26, 2005

This opinion, requested by the City of Aurora through its city attorney, concerns the operation of C.R.S. § 18-1-1001 regarding protection orders against defendants in domestic violence-related cases. This opinion is being issued to clarify whether the provisions of that statute apply to municipal courts and violations of municipal ordinances.

No. 05-04 - AG Alpha No. ST EL AGBBK - August 16, 2005

Various special districts formed pursuant to title 32 of the Colorado Revised Statues hold elections in which candidates oftentimes run unopposed for the office of director of their respective boards. Special districts are subject to term limits set forth in Colo. Const. art. XVIII, § 11(1).

No. 05-03 - AG Alpha No. HE HE AGBBL - June 29, 2005

This opinion, requested by the Colorado Commission on Higher Education (“CCHE”), concerns the The 2004 College Opportunity Fund Act, § 23-18-101 et seq. (the “Act”). The Act created the College Opportunity Fund; a trust fund consisting of stipends for each undergraduate student in Colorado. This Opinion is being issued to clarify how the College Opportunity Fund affects calculation of federal financial aid, and the effect, if any, that such calculations have on whether such stipend should be considered a state grant for purposes of Colo. Const. Art. X, § 20 ( “TABOR”).

No. 05-02 - AG Alpha No. RL LO AGBBI - June 7, 2005

The question addressed in this formal opinion is whether the current lottery statute permits the Lottery Commission (“Commission”) to offer instant scratch games without conducting a separate rulemaking proceeding for each instant scratch game. Our conclusion is that under the current lottery statute, particularly C.R.S. § 24-35-208(2), the Commission must promulgate a separate rule for each instant lottery scratch game.

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