Colorado Attorney General Opinions
Free plain-English summaries of attorney general opinions issued in Colorado, with full citations and the original source on every page.
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Can the Colorado State Treasurer invest state funds directly in corporate stock?
No. Article XI, section 2 of the Colorado Constitution generally prohibits the State from directly owning stock in a corporation. Recognized exceptions cover stock that comes to the state by…
How does the Colorado House of Representatives impeach a state official, and what conduct can get an official removed from office?
Colorado has no specific impeachment procedure in statute. Historically the House has started impeachment with a House resolution, governed by House Rule 26. To impeach for malfeasance in office,…
How long does the State Board of Education member from Colorado's new 8th congressional district serve, and is the term different starting in 2024?
Two years for the 2022 election, six years for 2024 and beyond. Senate Bill 22-013 set a one-time two-year term for the 2022 election only. Because the bill did not extend the short term to later…
Did the Supreme Court's affirmative action decision (SFFA v. Harvard) make workplace diversity, equity, and inclusion programs illegal?
No. The Supreme Court's SFFA decision struck down race-conscious university admissions under the Equal Protection Clause and Title VI. It did not address workplace DEI programs, which are governed…
Can a Colorado county keep the surplus value when it forecloses on property for unpaid taxes, after the U.S. Supreme Court's Tyler v. Hennepin County decision?
Probably not, in some circumstances. The opinion concludes that Colorado's statutes for recovering unpaid property tax on real property and mobile homes are likely unconstitutional under the U.S.…
Can Colorado's state personnel director create a paid family leave benefit for state employees by rule, without an act of the legislature?
Yes, but only with strict procedural compliance: the director must run a technically sound prevailing-practices survey, follow formal APA rulemaking, and avoid changing any leave benefit set by…
When a Colorado regulatory program's effective renewal legislation passes after the sunset repeal date but during the one-year wind-up, is the program still law?
Yes. Under § 24-34-104(2)(b), a regulatory program continues to operate as law for one year after its sunset date. The legislature can amend or extend it at any point during that year, so the…
When a Colorado statute says a state board appoints a division director, but the state constitution says the department head appoints them, who actually has the appointing power?
The department head. Under Colo. Const. art. XII, § 13(7), the head of each principal department appoints division heads in the personnel system, and any statute that purports to give that authority…
After the U.S. Supreme Court struck down PASPA, did Colorado need a constitutional amendment, or just a statute, to legalize commercial sports betting?
Just a statute. The AG concluded sports betting is not a constitutional 'lottery' under Article XVIII, § 2, but it is criminal 'gambling' under § 18-10-102(2). Legalizing it required new…
When can Colorado school staff share information about a student with police, parents, or other educators without violating federal student privacy law?
Often. FERPA only covers 'education records', not personal observations, peer reports, or social media posts. Education records can be shared during emergencies, with school officials who have a…
Could the Colorado General Assembly restructure the Hospital Provider Fee as a TABOR-exempt enterprise without voter approval?
Yes, under the law reviewed in 2016. The AG concluded a proposed Hospital Provider Fee enterprise could qualify as a government-owned business if it had no general taxing power, collected fees for…
Can a Colorado school district give the Healthy Kids Colorado Survey to students without first getting written parental consent, if the district uses an opt-out (passive consent) form?
Yes. Both the federal student-survey statute and Colorado's parallel statute require written parental consent only when participation is 'required.' If schools follow the opt-out procedures the AG…
Could the Colorado State Board of Education tell the Commissioner to grant school districts a waiver from the performance-based component of the state ELA and Math test?
No. State law expressly bars the Board from waiving § 22-7-409 testing requirements, and skipping one component of a two-part assessment would invalidate the entire test.
When a Colorado law enforcement officer asks the medical marijuana registry to confirm a patient is allowed to possess more than two ounces or six plants, does the registry have to answer?
No. The registry only confirms whether the cardholder is 'lawfully in possession' of the card itself. Anything above the default of six plants or two ounces depends on undefined 'medical necessity',…
Can Colorado's Independent Ethics Commission share frivolous ethics complaints with the State Auditor for performance-audit purposes without breaking the constitutional confidentiality rule?
Yes. The AG concluded disclosure to the State Auditor for audit purposes does not break confidentiality, because the auditor is bound by the same confidentiality rule and the documents stay…
Can Colorado's Department of Public Health raid leftover medical marijuana registry fees to fund unrelated programs, and can the Governor or General Assembly redirect that money to the general fund?
No to the first; the Department can only spend leftover medical marijuana program cash fund money on the medical marijuana program itself, because § 25-1.5-106(17)(a), C.R.S. expressly bars credits…
Are the slot-machine-style 'sweepstakes' games at internet cafes and cyber cafes legal in Colorado, or are they actually illegal gambling dressed up as a phone-card promotion?
They are illegal gambling. The AG concluded that Colorado's sweepstakes statute (§ 6-1-802(10), C.R.S.) by its terms excludes activity that is otherwise unlawful, and that the games at sweepstakes…
Can a Colorado school district that teaches reading in both English and Spanish identify a 'Significant Reading Deficiency' under the READ Act using a Spanish-language assessment, instead of being forced to test the child only in English?
Yes. The AG concluded that the READ Act focuses on the skill of reading, not on reading the English language. The Act's list of approved interim assessments under § 22-7-1209(1)(b), C.R.S., includes…
When the Colorado High Performance Transportation Enterprise (a TABOR-exempt entity) finishes rebuilding a stretch of highway and hands the lanes back to CDOT, does the increased book value of those lanes count toward CDOT's TABOR spending limit?
It depends on whether the asset can easily be converted to cash. The AG concluded that 'fiscal year spending' under Article X, § 20 of the Colorado Constitution captures expenditures and reserve…
Could Colorado's General Assembly legalize online casino gambling on its own, without going to voters, by treating the casino server's location as where the bet is placed?
No. The AG concluded that limited gaming under Article XVIII, Section 9 of the Colorado Constitution covers only physical, casino-style gaming inside qualifying buildings in Central City, Black…
Can Colorado district attorneys claim a priority cut of casino tax money to cover the cost of prosecuting gaming-related crimes, before the constitutional split goes to host counties and the state?
No. The AG concluded that off-the-top Limited Gaming Fund payments under Article XVIII, Section 9(5)(b)(I) are reserved for state agencies that 'administer' Section 9 itself. District attorneys…
Could Colorado hire a private 'recovery audit' contractor to comb through tax refund records, looking for refunds the state had issued in error?
No. The AG concluded that issuing a tax refund is not a 'payment activity' under the Recovery Audit Statute, and a taxpayer is not a 'vendor or other entity.' The Statute therefore did not apply to…
After Colorado redrew its congressional and legislative districts following the 2010 census, did the Secretary of State have to recalculate candidate petition signature requirements as if the prior elections in those districts had not happened?
No. The AG concluded that Colorado's petition signature statutes (§§ 1-4-801(2)(b) and 1-4-802(1)(c), C.R.S.) required the lesser of an enumerated number or a percentage of votes cast in the…
When Colorado's S.B. 12-158 took effect, did the Division of Supportive Housing and Homeless Programs cease to exist as a separate public housing agency, and did the Division of Housing have statewide jurisdiction to take over its work?
Yes to both. The AG concluded that S.B. 12-158 (effective July 1, 2012) merged SHHP into the Colorado Division of Housing, automatically transferring all contracts and grants to the Division of…
Could a Colorado public university unilaterally create a discounted tuition rate for undocumented students without the legislature's approval?
No. The AG concluded that any tuition rate below what other nonresidents pay is a 'public benefit' under § 24-76.5-103, C.R.S. and 8 U.S.C. § 1621, and federal law required an affirmative state…
When Colorado merged a homeless-services housing agency into the Department of Local Affairs, did the agency lose its existing HUD contracts, voucher authority, or its name?
No. The AG concluded that H.B. 11-1230 was a type-2 transfer of the Division of Supportive Housing and Homeless Programs (SHHP) into the Department of Local Affairs. SHHP kept its existing…
Are Colorado Charter School Institute schools subject to TABOR's voter-approval requirements for multi-year debt and emergency reserve obligations?
Yes. The AG concluded that CSI Charter Schools are 'districts' under TABOR because they are essentially governmental in nature, are created and primarily funded by the state, perform an essential…
Could the Colorado State Board of Education approve Innovation Schools Act waivers for a brand-new school that didn't yet have any teachers, administrators, or accountability committee?
Yes. The AG concluded that the Innovation Schools Act of 2008 was meant to expand local-school-district flexibility, that the majority-support evidence requirement in § 22-32.5-104(3)(f) only…
When a patient escapes or elopes from the Colorado Mental Health Institute at Pueblo, what can the hospital tell the police, the media, and local schools without violating HIPAA or state confidentiality law?
The institute may notify law enforcement when a forensic patient escapes. For any patient who escapes or elopes, it may disclose limited identifying information in response to a request from law…
Can a Colorado rural electric co-op require a homeowner with rooftop solar to hand over the renewable energy credits, free of charge, just to be allowed to interconnect to the grid?
No. The AG concluded that REC transfer was not one of the PUC interconnection screens, so requiring it was an unreasonable burden on interconnection prohibited by § 40-9.5-118(2)(d). Where the…
Could CollegeInvest, the state's student-loan authority, hire an outside lobbyist?
Yes. The AG concluded that § 23-3.1-206(1)(g)'s authority to engage 'private consultants', 'professional and technical assistance', 'advice', and 'other services' was broad enough to cover…
How far did Colorado's 2008 insurance bad-faith law (HB 08-1407) reach: did it apply to ERISA-preempted self-funded plans, to out-of-state master policies covering Coloradans, to pre-effective-date policies, and did it strip insurers of authority to make ordinary coverage decisions?
Mostly narrow. The AG concluded that HB 08-1407's penalty provisions did not reach self-funded ERISA plans, did not reach out-of-state master policies (except for the limited mammography…
Did Colorado's 1% Art in Public Places set-aside apply to higher education construction projects financed by certificates of participation paid from federal mineral lease revenues?
No. The AG concluded that the certificates-of-participation financing scheme did not generate a 'capital construction appropriation' triggering the 1% Art in Public Places allocation under §…
Is medical marijuana sold under Colorado's Amendment 20 subject to state sales tax, and who has to collect it?
Yes, mostly. The AG concluded that medical marijuana is tangible personal property subject to Colorado state sales tax, that no prescription-drug or agricultural exemption applied (except for…
Could the Colorado governor order mandatory unpaid furloughs of state executive-branch employees, and could the order pick and choose which departments, divisions, or positions were exempt?
Yes to both. The AG concluded that the governor had inherent supreme executive authority under Colo. Const. art. IV, § 2 to allocate staff and resources, including by ordering mandatory unpaid…
Did the Colorado Lottery have to verify the lawful U.S. presence of every retailer license applicant and every winner cashing a ticket above $599?
Mostly no, partly yes. The AG concluded that cashing a winning lottery ticket was not a 'service' triggering the Secure and Verifiable Identity Documents Act, but that a lottery retailer license was…
Could the Colorado state personnel director require Clinical Security Officers at the Pueblo mental health institute to either become certified peace officers or be reclassified out of the security occupation group?
Yes. The AG concluded that the state personnel director had the statutory authority to classify state positions, that his determination Clinical Security Officers were misclassified was reasonable…
Was Mesa State College eligible for Amendment 50 community college gaming-tax revenue?
Yes. The AG concluded that Mesa State College's Western Colorado Community College Division qualified as a public community college under Amendment 50 and so its students and programs were eligible…
Could out-of-state wagering companies accept Colorado residents' horse-race bets by internet or telephone?
No. The Attorney General concluded that Colorado residents' telephone and internet pari-mutuel wagers could be accepted only by a track or simulcast facility licensed by the Colorado Racing…
Could Colorado redistribute unused county child-welfare funds when an overspending county's caseload did not exceed estimates?
Yes, in either of two circumstances. The Attorney General concluded that unused capped child-welfare funds could go to an overspending county if the excess costs were for functions other than…
Could Colorado inspect or certify factory-built structures brought into the state only for rent or use?
The Attorney General concluded that the Colorado Division of Housing could inspect factory-built structures brought into the state for rent or use, but could certify only structures manufactured,…
Did Colorado dual-enrollment students earning high-school credit have to prove lawful U.S. presence for district-paid college tuition?
No. Students using college courses to earn high-school credit under the Postsecondary Enrollment Options program could receive district tuition payment or reimbursement without proving lawful presence.
Did Colorado state employees have a right to strike, and could Executive Order D 028 07 require them not to strike?
State employees had a qualified statutory right to strike, but not while the Division of Labor Director exercised jurisdiction over the dispute. The executive order could add no-strike terms for…
Could Colorado's governor appoint a judicial-discipline commissioner while the Senate was adjourned?
Yes. The AG concluded that a recess appointee could exercise all commissioner powers until Senate action or adjournment, and that a former judge could serve in an attorney position.
Could a federally designated nonprofit housing agency operate inside a Colorado housing authority's territory?
Yes. The AG concluded that a federally designated nonprofit housing agency could work within a state housing authority's territory and contract with another authority to provide housing services there.
Could a U.S.-citizen student qualify for Colorado in-state tuition if the student's parents were undocumented?
Yes. The AG concluded that a U.S.-citizen, unemancipated student could qualify if the parents established Colorado domicile and the student met the other tuition requirements.
Could a Colorado State Board of Education member also direct the Charter School Institute?
Yes. The AG concluded that the Charter School Institute, not the Department of Education, employed its executive director, so the new employment restriction did not bar dual service.
Did TABOR require a new vote before Colorado resumed statutory coal severance tax adjustments?
No. The AG concluded that the pre-TABOR statutory formula remained valid, required the Department of Revenue to resume rate adjustments, and left no discretion to use a smaller increase.
Did a Colorado governor have to expressly authorize lethal force each time the National Guard was activated?
No. The AG concluded that a National Guard activation implicitly carried authority to use lethal force when necessary to protect infrastructure critical to life, safety, and immediate public health,…
Who controlled the Colorado Division of Gaming's budget and personnel, the Revenue Department or Gaming Commission?
The Department of Revenue and its executive director held ultimate control over the Division of Gaming's personnel and budget preparation. The Limited Gaming Control Commission had to approve the…
Could the Colorado State Auditor inspect unredacted nursing-home complaint and occurrence reports?
No. The AG concluded that the later, more specific health-facility confidentiality statute controlled the State Auditor's general access law, and the Auditor was not a regulatory agency with…
Were Colorado metropolitan sewage disposal districts required to participate in the CCOERA public-employee retirement system?
No. The governing statute authorized metropolitan sewage districts and other qualifying public employers to join CCOERA, but its permissive language did not make participation mandatory.
Could a Colorado school district transfer investment interest from its bond redemption fund to its general fund?
No. Investment earnings followed the restricted bond principal and had to be used only for bond interest and redemption, so a district could not contract to credit them to its general fund.
Could the Colorado Commission on Higher Education grant in-state tuition to undocumented students by policy or regulation?
No. The AG concluded that CCHE's authority was limited to uniform forms and did not include changing statutory tuition-classification criteria; that change required legislation.
When did a partial Colorado legislative term count as a full term under the 2005 term-limits opinion?
The 2005 opinion counted a senator’s partial term if the oath was taken on or before the first day of the third legislative session of that term. For a representative, the cutoff was the first day…
Could a Colorado county receive mineral-leasing impact funds because it hosted a mine but had no resident mine workers?
No. The 2005 opinion said the distribution formula in § 34-63-102(3)(b)(III) turned on where mine employees lived, not where mines were located. Money from a mine in a county with no resident mine…
Did Colorado’s 2005 mandatory protection-order statute apply to municipal domestic-violence ordinance cases?
No. In 2005, the AG read the mandatory protection-order and pre-bail advice provisions of C.R.S. § 18-1-1001 as applying to state criminal-law charges, not municipal ordinance violations. The…
Do term limits count a Colorado special-district director declared elected without a vote or one who resigns early?
In this 2005 opinion, the AG concluded that a special-district director declared elected after an uncontested election was cancelled still counted as an elected official for term limits. A director…
Did the federal student aid treatment of Colorado's College Opportunity Fund stipends make them state grants under TABOR?
No. The Attorney General concluded that the way federal student aid programs counted a College Opportunity Fund stipend did not determine whether the stipend was a state grant to a college under TABOR.
Could the Colorado Lottery Commission use one general rule and separate guidelines for all instant scratch games?
No. The AG concluded that each instant scratch game needed its own promulgated rule because its ticket price, prizes, winner selection, drawing frequency, and revenue allocation were game-specific…
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Attorney general opinions in Colorado are written by the Colorado Attorney General's office in response to questions from state agencies, legislators, and prosecutors. They are not binding like court decisions, but courts and agencies treat them as persuasive guidance on how state law applies. Every opinion above has a plain-English question and short answer, plus a link to the full original text.