Formal AG Opinions

The application and scope of HB 08-1407.

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?

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.

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.

Whether any of the revenues raised under the recently-passed Amendment 50 would be available for Mesa State College and its students.

The legality of pari-mutuel wagering by Colorado residents by telephone, internet or other electronic device.

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.

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.

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).

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.

Concerning the legal powers of a person appointed to the Commission by the Governor after the adjournment of the Colorado Senate.

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.

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.

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”).

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”).