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 They may have been superceded by changes in constitutional, statutory, or case law.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

No. 04–02 - AG Alpha No. LE AU AGBBC - March 2, 2004

The Conservation Trust Fund is established by § 29-21-101(2)(a)(I), C.R.S. in order to use Colorado lottery funds to support parks, open space, and recreation. Legislation has been introduced in the Colorado General Assembly to allow monies in the Conservation Trust Fund to be allocated for a specific administrative purpose: to permit state personnel to monitor proper use of Trust Fund dollars. The State Auditor and the Department of Local Affairs ask whether this use of Trust Fund assets is permissible under the Colorado Constitution.

No. 04–01 - AG Alpha No. ST EL AGBBB - January 14, 2004

Colorado elected officials receive donations of funds or property from persons or entities that are designated to be used in connection with their office, rather than for election purposes. This opinion considers whether Article XXVIII of the Colorado Constitution, a provision concerning campaign and political finance, applies to these donations. This opinion is issued at the request of the Colorado Secretary of State.

No. 03-07 - AG Alpha No. PE AD AGBBA - October 15, 2003

This opinion describes the General Assembly’s authority to govern by statute whether employee positions at state colleges and universities are included in the state personnel system. It was requested by the Department of Personnel and Administration.

No. 03-06 - AG Alpha No. PS PA AGBAZ - September 30, 2003

This opinion describes the types of health information that may be disclosed to law enforcement officials under the federal Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. Sections 1320d – 1320d-8 (2003) (“HIPAA”). It is issued at the request of Lieutenant Colonel Gary L. Coe, of the Colorado State Patrol.

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Attachment B

No. 03-05 - AG Alpha No. HE CU AGBAW

This opinion concerns the authority of the Regents of the University of Colorado (the "Regents") to transfer, without consideration, certain assets from the University Improvement corporation ("TUIC") to the Colorado University Real Estate Foundation ("CUREF"). It is requested by the Board of Regents of the University of Colorado.

No. 03-04 - AG Alpha No. LO AD AGBAV - June 30, 2003

This opinion concerns the share of Highway Users Tax Fund ("HUTF") moneys distributed to the City of Centennial for the 2002-2003 fiscal year. Centennial believes an error was made in its distribution. This opinion is issued at the request of the Colorado Department of Local Affairs, and addresses legal authorities and obligations of the county clerk and recorder, the Colorado Department of Revenue, and the Treasurer under § 43-4-208, C.R.S. (2002).

No. 03-3 - AG Alpha No. HE CU AGBAY - June 17, 2003

This opinion concerns the authority of the Regents of the University of Colorado (the “Regents”) to enforce a weapons control policy that prohibits most firearms on University owned or controlled property. The request for this opinion by the Regents follows the enactment of a state law, Senate Bill 03-24 (“S.B. 03-24”), that identifies the carrying of concealed weapons as an issue of statewide concern and allows concealed weapons to be carried by permit in most parts of the State.

No. 03-2 - AG Alpha No.TR AD AGBAU - April 18, 2003

This opinion concerns the propriety of investing custodial funds held in the Colorado treasury in non-interest bearing general fund warrants. It is issued at the request of Colorado State Treasurer Mike Coffman.

AG Opinions

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