date,ag,title,pdf_link,description
2018-08-02,Cynthia H. Coffman,18-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2018/no-18-02.pdf,"This Formal Opinion analyzes state constitutional and statutory provisions to determine whether current law authorizes commercial sports betting in the State of Colorado. The Opinion concludes that although commercial sports betting is not subject to state constitutional restrictions, it falls within the definition of prohibited gambling under Colorado's criminal code, making it unlawful. Consequently, to legalize commercial sports betting in the State, a statutory change—but not a constitutional amendment—would be required."
2018-01-11,Cynthia H. Coffman,18-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2018/no-18-01.pdf,"This Opinion provides general guidance regarding the Family Educational Rights Privacy Act, 20 U.S.C. § 1232g (FERPA), a federal statute governing privacy of student records. The Opinion addresses misconceptions about FERPA's scope to assure teachers, administrators, and other school staff that they may proactively respond to safety concerns, including threats of school violence, without violating students' and families' privacy rights."
2016-02-29,Cynthia H. Coffman,16-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2016/no-16-01.pdf,"Analyzes the constitutionality of a legislative proposal to create an enterprise that would administer Colorado's Hospital Provider Fee (HPF). The HPF, a part of the State's Medicaid program, is a fee that is collected from Colorado hospitals, used to obtain matching funds from the federal government, and spent to increase the compensation hospitals receive for serving low-income patients. If organized as an enterprise, the HPF would be exempt from the spending limits contained in the Taxpayer's Bill of Rights. Colo. Const. art. X, § 20 (TABOR)."
2015-04-07,Cynthia H. Coffman,15-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2015/no-15-04.pdf,"Whether the Healthy Kids Colorado Survey (HKCS or Survey), when administered in accordance with specifically defined passive consent or opt-out procedures, complies with federal and state statutes regarding student privacy."
2015-02-03,Cynthia H. Coffman,15-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2015/no-15-03.pdf,The statutory authority of the Colorado State Board of Education (SBOE) to grant waivers to school districts of the performance-based component of the state-mandated assessments for English Language Arts and Math.
2015-01-14,Cynthia H. Coffman,15-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/cynthia-h-coffman/2015/no-15-02.pdf,The permissible disclosures of the Department's Medical Marijuana Registry (Registry) to law enforcement who seek verification of Registry patients' recommended amounts of marijuana plants or ounces provided by their physician on the Registry application.
2015-01-07,John W. Suthers,15-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2015/no-15-01.pdf,"Whether the IEC may release to the Colorado Office of the State Auditor (OSA) complaints the IEC has deemed frivolous, which the IEC must maintain as confidential under the Colorado Constitution."
2014-12-18,John W. Suthers,14-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2014/no-14-04.pdf,"The legal distribution of monies from the medical marijuana program cash fund established by section 25-1.5-106(16), C.R.S."
2014-10-08,John W. Suthers,14-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2014/no-14-03.pdf,"The legality under Colorado law of sweepstakes offered at internet cafes, cyber cafes, and other similar establishments (sweepstakes cafes)."
2014-08-11,John W. Suthers,14-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2014/no-14-02.pdf,"The implementation of the READ Act, § 22-7-1201 et seq., C.R.S., among English Language Learner students in those districts utilizing literacy instruction in both English and Spanish."
2014-07-31,John W. Suthers,14-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2014/no-14-01.pdf,"How the spending limits set forth in Colo. Const. art. X, § 20 (commonly known as the TABOR Amendment) apply to the transfers of non-cash assets from a TABOR-exempt enterprise operating within CDOT to CDOT, a department of the state (State)."
2013-12-12,John W. Suthers,13-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2013/no-13-02.pdf,The permissibility of gambling via the Internet (Online Gambling) under Colorado law and taxation of the same.
2013-07-18,John W. Suthers,13-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2013/no-13-01.pdf,Distribution of moneys from the Limited Gaming Fund to the state's district attorneys.
2012-12-26,John W. Suthers,12-07,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-07.pdf,"The applicability of Section 24-30-203.5, C.R.S., (the Recovery Audit Statute or the Statute) to state tax refunds."
2012-09-04,John W. Suthers,12-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-06.pdf,The effect of congressional redistricting and state legislative reapportionment on candidate petition signature requirements.
2012-06-25,John W. Suthers,12-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-05.pdf,"The impact of Senate Bill 12-158 (S.B. 12-158), which will take effect on July 1, 2012, on the Colorado Division of Housing and the Division of Supportive Housing and Homeless Programs (SHHP) within the Department of Local Affairs."
2012-06-18,John W. Suthers,12-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-04.pdf,The authority of state institutions of higher education in Colorado to provide discounted tuition to students who cannot prove they are lawfully present within the United States.
2012-05-16,John W. Suthers,12-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-03.pdf,The impact of House Bill 11-1230 (H.B. 11-1230) on the Division of Supportive Housing and Homeless Programs (SHHP'') within the Colorado Department of Human Services.
2012-02-15,John W. Suthers,12-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-02.pdf,"The application of Colo. Const. art. X, § 20 (commonly known as the TABOR Amendment) to institute charter schools established under § 22-30.5- 501, C.R.S."
2012-01-22,John W. Suthers,12-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2012/no-12-01.pdf,"Whether it is permissible for the State Board of Education (hereinafter the State Board) to grant waivers to a school district under the Innovation Schools Act of 2008 (hereinafter the Act), when the program for which waivers are being requested is an entirely new program and not an existing school."
2011-03-23,John W. Suthers,11-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2011/no-11-02.pdf,"The extent to which federal law allows the Colorado Mental Health Institute at Pueblo (the Institute) to notify outside authorities, including media and public schools, when forensic patients escape or when civil patients elope, and to what extent the Institute can provide current threat assessments when patients escape or elope."
2011-01-12,John W. Suthers,11-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2011/no-11-01.pdf,Application of Colorado law to interconnection agreements between cooperative electric associations and their customers who install renewable energy systems.
2010-05-20,John W. Suthers,10-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2010/no-10-03.pdf,Collegeinvest's authority to engage an outside vendor to provide legislative strategy and lobbying services.
2010-01-31,John W. Suthers,10-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2010/no-10-02.pdf,The application and scope of HB 08-1407.
2010-01-14,John W. Suthers,10-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2010/no-10-01.pdf,The application of Colorado laws allocating a portion of state capital construction appropriations to the acquisition of works of art to construction projects being financed through the Higher Education Federal Mineral Lease Revenues Fund.
2009-11-15,John W. Suthers,09-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-06.pdf,The applicability of state sales tax to the purchase and sales of medical marijuana.
2009-07-15,John W. Suthers,09-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-05.pdf,"Whether the Governor may order mandatory furloughs for State employees in executive agencies, and, if so, whether he may order mandatory furloughs in a particular department or departments, but exclude otherwise similarly-situated positions in other departments from these furloughs; and whether he may exempt from mandatory furloughs positions with particular duties or positions in particular agencies or divisions?"
2009-07-12,John W. Suthers,09-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-04.pdf,"Whether funding limitations on the calculation of Adams State College's full-time equivalent student enrollment enacted into law by House Bill 09-1272 are consistent with Article XVIII, § 9(7)(c)(III)(A) of the Colorado Constitution."
2009-06-08,John W. Suthers,09-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-03.pdf,"The applicability of sections 24-72.1-101 through -106, C.R.S. (2008) (Secure and Verifiable Identity Documents Act,  hereinafter SVIDA) and sections 24-76.5-101 through -103, C.R.S. (2008) (Restrictions on Public Benefits Act, ereinafter RPBA) to sales of Lottery tickets and licensing of Lottery retailers."
2009-04-05,John W. Suthers,09-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-02.pdf,The question of whether Clinical Security Officers employed at the Colorado Mental Health Institute at Pueblo (CMHIP) must be reclassified unless they become Peace Officers.
2009-01-27,John W. Suthers,09-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2009/no-09-01.pdf,Whether any of the revenues raised under the recently-passed Amendment 50 would be available for Mesa State College and its students.
2008-11-20,John W. Suthers,08-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2008/no-08-03.pdf,"The legality of pari-mutuel wagering by Colorado residents by telephone, internet or other electronic device."
2008-02-20,John W. Suthers,08-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2008/no-08-02.pdf,"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."
2008-01-31,John W. Suthers,08-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2008/no-08-01.pdf,"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."
2007-11-30,John W. Suthers,07-07,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-07.pdf,"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)."
2007-11-28,John W. Suthers,07-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-06.pdf,"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."
2007-10-28,John W. Suthers,07-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-05.pdf,Concerning the legal powers of a person appointed to the Commission by the Governor after the adjournment of the Colorado Senate.
2007-08-29,John W. Suthers,07-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-04.pdf,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.
2007-08-13,John W. Suthers,07-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-03.pdf,"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."
2007-08-12,John W. Suthers,07-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-02.pdf,"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)."
2007-07-05,John W. Suthers,07-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2007/no-07-01.pdf,"The obligation [of the Department of Revenue] to update the coal severance tax rate under section 39-29-106(5), C.R.S. (2006), in light of the limitations imposed by article X, section 20 of the Colorado Constitution, the Taxpayers' Bill of Rights (TABOR)."
2006-11-20,John W. Suthers,06-08,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-08.pdf,"Concerning his power to authorize the Colorado National Guard to use lethal force when protecting infrastructure critical to the life, health or welfare of the State of Colorado."
2006-09-04,John W. Suthers,06-07,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-07.pdf,Whether the Board of Medical Examiners (Board) is authorized to take disciplinary action for a criminal conviction pending appeal of that conviction.
2006-08-28,John W. Suthers,06-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-06.pdf,"The governor requested an opinion concerning his power to authorize the Colorado National Guard to use lethal force when protecting infrastructure critical to the life. health or welfare of the State of Colorado. This analysis addresses only those situations in which damage to the infrastructure would likely result in death or serious bodily injury to persons, either immediately or in the foreseeable future."
2006-07-23,John W. Suthers,06-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-05.pdf,The respective authority of the Colorado Department of Revenue and the Colorado Limited Gaming Control Commission for the budget and personnel of the Division of Gaming.
2006-04-10,John W. Suthers,06-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-04.pdf,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
2006-03-29,John W. Suthers,06-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-03.pdf,"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."
2006-03-12,John W. Suthers,06-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-02.pdf,Regarding the disposition of investment interest earned on moneys in school districts' bond redemption funds.
2006-01-22,John W. Suthers,06-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2006/no-06-01.pdf,The authority of the Colorado Commission on Higher Education (CCHE) to grant in-state tuition status to undocumented aliens.
2005-10-17,John W. Suthers,05-07,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-07.pdf,The counting of partial terms for purposes of legislative term limits.
2005-10-16,John W. Suthers,05-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-06.pdf,"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."
2005-09-25,John W. Suthers,05-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-05.pdf,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.
2005-08-15,John W. Suthers,05-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-04.pdf,"The application of term limits to special district candidates who are declared elected after the election is cancelled. The Opinion also analyzes the effect of Colo. Const. art. XVIII, § 11(1) upon elected officials of special districts who resign from their offices prior to the expiration of their terms."
2005-07-28,John W. Suthers,05-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-03.pdf,"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)."
2005-06-06,John W. Suthers,05-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-02.pdf,"Whether, under the current statute dealing with the Colorado Lottery it can promulgate one general rule and individual guidelines for conducting instant scratch games."
2005-04-12,John W. Suthers,05-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/john-w-suthers/2005/no-05-01.pdf,"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."
2004-12-05,Ken Salazar,04-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2004/no-04-05.pdf,The powers of Colorado's Deputy Treasurer as those powers are delegated from Colorado's Treasurer.
2004-11-17,Ken Salazar,04-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2004/no-04-04.pdf,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.
2004-04-11,Ken Salazar,04-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2004/no-04-03.pdf,Whether certain individuals who hold positions within a political party may serve on a judicial nominating commission.
2004-03-01,Ken Salazar,04-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2004/no-04-02.pdf,"Is it constitutional to appropriate monies in the Conservation Trust Fund, established by § 29-21-101 (2) (a) (I), C.R.S., to a state agency to pay for audits and reviews of the use of Conservation Trust Fund dollars by local governments, given restrictions on the use of lottery revenues in Article XXVII of the Colorado Constitution?"
2004-01-13,Ken Salazar,04-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2004/no-04-01.pdf,"Whether Article XXVIII of the Colorado Constitution, a provision concerning campaign and political finance, applies to 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."
2003-10-14,Ken Salazar,03-07,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-07.pdf,The General Assembly's authority to govern by statute whether employee positions at state colleges and universities are included in the state personnel system.
2003-09-29,Ken Salazar,03-06,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-06.pdf,"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)."
2003-09-16,Ken Salazar,03-05,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-05.pdf,"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)."
2003-06-29,Ken Salazar,03-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-04.pdf,The share of Highway Users Tax Fund (HUTF) moneys distributed to the City of Centennial for the 2002-2003 fiscal year.
2003-06-16,Ken Salazar,03-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-03.pdf,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.
2003-04-16,Ken Salazar,03-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-02.pdf,The propriety of investing custodial funds held in the Colorado treasury in non-interest bearing general fund warrants.
2003-01-12,Ken Salazar,03-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2003/no-03-01.pdf,"How the rules in the initiative approved by Colorado's voters on November 5, 2002 [which] amends both the Colorado Constitution and Colorado's Fair Campaign Practices Act apply to elections in home rule counties and municipalities."
2001-08-24,Ken Salazar,01-04,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2001/no-01-04.pdf,The respective powers and duties of the Central Information System Board and the Secretary of State with regard to the filings necessary to perfect security interests in personal property and fixtures.
2001-08-06,Ken Salazar,01-03,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2001/no-01-03.pdf,"Whether article IX, Section 1(1) of the Colorado Constitution requires the term of the current at-large member of the State Board of Education, who was elected for a six-year term at the 2000 general election, to terminate upon the commencement of the term of the new member of the State Board of Education to be elected from the Seventh Congressional District at the 2002 general election or may the current at-large member continue to serve on the State Board for a full six-year term."
2001-07-23,Ken Salazar,01-02,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2001/no-01-02.pdf,"The powers and duties of Colorado's fire protection districts, and the interaction of the fire fighting duties of fire protection districts and sheriffs."
2001-07-04,Ken Salazar,01-01,https://coag.gov/sites/default/files/contentuploads/ago/agopinions/ken-salazar/2001/no-01-01.pdf,To provide the people of Colorado and Colorado's governments with answers to frequently asked questions about the Colorado Open Records Act. .