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 They may have been superceded by changes in constitutional, statutory, or case law.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

No. 05-01 - AG Alpha No. TR UP AGBBH - April 13, 2005

This opinion concerns the status of stored value cards, including gift cards, under Colorado's Unclaimed Property Act. It is issued at the request of the State Treasurer, who asks whether Colorado's Unclaimed Property Act applies to stored value cards and gift cards, and if so, which section of the Act is applicable.

No. 04–05 - AG Alpha No. TR AD GRBBM - December 6, 2004

This opinion concerns the powers of Colorado’s Deputy Treasurer as those powers are delegated from Colorado’s Treasurer. It is issued at the request of Colorado Treasurer Mike Coffman.

No. 04–04 - AG Alpha No. TR TR GANCN - November 18, 2004

This opinion concerns limits to the ability of the General Assembly to alter retirement benefits for public employees under the pension program administered by Public Employees’ Retirement Association of Colorado (“PERA”). It is issued at the request of Colorado Treasurer Mike Coffman.

No. 04–03 - AG Alpha No. JD SC AGBBE - April 12, 2004

Article VI, § 24 of the Colorado Constitution bars an individual who holds elective political party office from serving on a judicial nominating commission. The Colorado Supreme Court has asked whether certain individuals who hold positions within a political party may serve on a judicial nominating commission.

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