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Formal AG Opinions

These opinions were based on the law as it existed at the time the opinions were issued. They may have been superseded by changes in constitutional, statutory, or case law.

Cynthia H. Coffman Monday, February 29, 2016
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").
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Cynthia H. Coffman Tuesday, April 7, 2015
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.
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Cynthia H. Coffman Tuesday, February 3, 2015
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.
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Cynthia H. Coffman Wednesday, January 14, 2015
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.
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John W. Suthers Wednesday, January 7, 2015
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.
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John W. Suthers Thursday, December 18, 2014
The legal distribution of monies from the medical marijuana program cash fund established by section 25-1.5-106(16), C.R.S.
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John W. Suthers Wednesday, October 8, 2014
The legality under Colorado law of sweepstakes offered at internet cafes, cyber cafes, and other similar establishments ("sweepstakes cafes").
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John W. Suthers Monday, August 11, 2014

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.

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John W. Suthers Thursday, July 31, 2014
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").
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John W. Suthers Thursday, December 12, 2013
The permissibility of gambling via the Internet ("Online Gambling") under Colorado law and taxation of the same.
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John W. Suthers Thursday, July 18, 2013
Distribution of moneys from the Limited Gaming Fund to the state's district attorneys.
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John W. Suthers Wednesday, December 26, 2012
The applicability of Section 24-30-203.5, C.R.S., (the "Recovery Audit Statute" or the "Statute") to state tax refunds.
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John W. Suthers Tuesday, September 4, 2012
The effect of congressional redistricting and state legislative reapportionment on candidate petition signature requirements.
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John W. Suthers Monday, June 25, 2012
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.
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John W. Suthers Monday, June 18, 2012

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.

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John W. Suthers Wednesday, May 16, 2012

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.

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John W. Suthers Wednesday, February 15, 2012
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.
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John W. Suthers Sunday, January 22, 2012
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.
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John W. Suthers Wednesday, March 23, 2011
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.
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John W. Suthers Wednesday, January 12, 2011
Application of Colorado law to interconnection agreements between cooperative electric associations and their customers who install renewable energy systems.
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E.g., 02/22/2017
E.g., 02/22/2017