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 They may have been superceded by changes in constitutional, statutory, or case law.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. 05-03 - 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.

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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AG Opinions


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