No. 05-03

FORMAL OPINION Attorney General of Colorado — Opinion July 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. […]

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No. 79-7

Honorable Richard M. “Dick” Soash Attorney General of Colorado — Opinion February 23, 1979 RE: Wholesalers’ credit sales of beer and liquor to licensed retailer J.D. MacFARLANE, Attorney General Honorable Richard M. “Dick” Soash Honorable Martin Hatcher Honorable Paul Sandoval State Senators Senate Chamber State Capitol Denver, Colorado 80203 Dear Senators: This letter is in […]

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No. 79-17

Ms. Paula Herzmark, Director Attorney General of Colorado — Opinion April 27, 1979 RE: Feasibility of consolidating eight fire protection entities into one countywide district J.D. MacFARLANE, Attorney General Ms. Paula Herzmark, Director Department of Local Affairs 1313 Sherman Street Denver, CO 80203 Dear Paula, You have requested an opinion on the general question of […]

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No. 80-92

Paula Herzmark Attorney General of Colorado — Opinion December 1, 1980 RE: Eligibility for Fireman’s Pension from the Elk Creek Fire Protection District J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Herzmark: This opinion letter is in response to your letter […]

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No. 80-30

Joseph P. Natale Attorney General of Colorado — Opinion March 19, 1980 RE: Eligibility of a member to serve on the Public Employees’ Retirement Board J.D. MacFARLANE, Attorney General Joseph P. Natale Executive Secretary Public Employees Retirement Association 1300 Logan Street Denver, Colorado 80203 Dear Mr. Natale: This opinion letter is in response to your […]

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No. 81-8

Honorable Gerald Kopel Attorney General of Colorado — Opinion February 9, 1981 RE: Your request for an attorney general’s opinion regarding whether the legislature can restrict the election of the coroner by adding qualifications. J.D. MacFARLANE, Attorney General Honorable Gerald Kopel Honorable Jim Robb State Representatives State Capitol Denver, Colorado 80203 Dear Representatives Kopel and […]

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No. 80-48

Dick R. Murphy Attorney General of Colorado — Opinion May 9, 1980 RE: Distribution of federal land and materials payments J.D. MacFARLANE, Attorney General Dick R. Murphy Director of Treasury Operations Department of the Treasury 140 State Capitol Denver, CO 80203 Dear Mr. Murphy: This letter is written in response to your letter of January […]

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No. 80-56

Mrs. Anne Gough Attorney General of Colorado — Opinion July 14, 1980 RE: Inquiry concerning professional nurses teaching and supervising nonlicensed personnel to perform intradermal skin tests J.D. MacFARLANE, Attorney General Mrs. Anne Gough Program Administrator Colorado State Board of Nursing 1525 Sherman Street Denver, Colorado 80203 Dear Mrs. Gough: This letter is written to […]

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No. 80-68

J. Richard Barnes, C.L.U. Attorney General of Colorado — Opinion August 13, 1980 RE: Can business entities or individuals which share no common ownership and are not members of the same economic family join together to form a pure captive insurance company under the Colorado Captive Insurance Company Act J.D. MacFARLANE, Attorney General J. Richard […]

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No. 79-84

Mr. Raymond E. Carper Attorney General of Colorado — Opinion December 19, 1979 RE: Open space valuation J.D. MacFARLANE, Attorney General Mr. Raymond E. Carper Property Tax Administrator Department of Local Affairs Division of Property Taxation 1313 Sherman Street Denver, Colorado 80203 Dear Mr. Carper: This is in reply to your letter requesting that our […]

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No. 79-81

Mr. James Kurtz-Phelan Attorney General of Colorado — Opinion December 17, 1979 RE: The duty/authority of a public trustee under C.R.S. 1973, 38-37-123(1)(a), as amended J.D. MacFARLANE, Attorney General Mr. James Kurtz-Phelan Legal Advisor to the Governor State of Colorado Executive Chambers Denver, Colorado 80203 Dear Mr. Kurtz-Phelan: QUESTION PRESENTED AND CONCLUSION You have requested […]

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No. 83-27

Dr. Calvin M. Frazier Attorney General of Colorado — Opinion August 16, 1983 RE: Number and timing of permissible special school district elections to increase the authorized revenue base DUANE WOODARD, Attorney General Dr. Calvin M. Frazier Commissioner of Education 201 East Colfax Avenue Denver, CO 80203 Dear Dr. Frazier: I am writing in response […]

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No. 87-4

Robert R. Ridl, C.P.A. Attorney General of Colorado — Opinion June 29, 1987 RE: Local government participation in government investment trusts DUANE WOODARD, Attorney General Robert R. Ridl, C.P.A. Director of Local Governments Audits Office of State Auditor 200 East 14th Avenue Denver, CO 80203 Dear Mr. Ridl: This letter is in response to your […]

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No. 76-32

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion September 30, 1976 RE: Voting rights of the mentally ill J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Secretary of State 1576 Sherman Street Denver, Colorado 80203 Dear Ms. Buchanan: QUESTIONS PRESENTED AND CONCLUSIONS You have asked what procedure county clerks must follow in registering […]

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No. 95-4

FORMAL OPINION Attorney General of Colorado — Opinion November 21, 1995 This Opinion responds to a request from Representative Jeanne Faatz for an opinion as to certain issues relating to the Agreement between Dr. Judith Albino and the Regents of the University of Colorado, dated August 17, 1995. Representative Faatz’ request centers on the question […]

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No. 76-22

Burton L. Carlson Attorney General of Colorado — Opinion July 21, 1976 RE: Return of Modification No. 245 without Clearance J.D. MacFARLANE, Attorney General Burton L. Carlson Director Division of Employment and Training 1210 Sherman Street Denver, Colorado 80203 Dear Mr. Carlson: QUESTION PRESENTED AND CONCLUSION In response to Robert J. Scott’s May 27, 1976 […]

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No. 79-69

Steven V. Berson Attorney General of Colorado — Opinion November 19, 1979 RE: Department of Labor and Employment request for names and addresses of withholding account applicants J.D. MacFARLANE, Attorney General Steven V. Berson Deputy Director Department of Revenue 1375 Sherman Street Denver, CO 80261 Dear Mr. Berson: I am writing in response to your […]

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No. 79-35

The Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion July 19, 1979 RE: Articles of incorporation pursuant to C.R.S. 1973, 12-63.5-103(6) J.D. MacFARLANE, Attorney General The Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, CO 80203 Dear Mrs. Buchanan I am writing in response to your June 5, 1979 […]

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No. 85-10

Alan Charnes Attorney General of Colorado — Opinion June 24, 1985 RE: Quorums at Lottery Commission meetings conducted by means of telephone conference calls DUANE WOODARD, Attorney General Alan Charnes Director Department of Revenue 1375 Sherman Street Denver, CO 80203 Dear Mr. Charnes: I write in response to your request for my opinion about Lottery […]

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No. 80-69

Dan S. Whittemore Attorney General of Colorado — Opinion August 15, 1980 RE: Use of insurance “dividends” by the State Employees and Officials Group Insurance Board J.D. MacFARLANE, Attorney General Dan S. Whittemore State Controller Department of Administration 1525 Sherman Street, Room 706 Denver, Colorado 80203 Dear Mr. Whittemore: This opinion letter is in response […]

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No. 86-11

Robert A. Arnott, Ph.D. Attorney General of Colorado — Opinion August 27, 1986 RE: Proper disposition of moneys recovered on behalf of the state pursuant to the Comprehensive Environmental, Response, Compensation, and Liability Act of 1980 DUANE WOODARD, Attorney General Robert A. Arnott, Ph.D. Assistant Director Colorado Department of Health 4210 East 11th Avenue Denver, […]

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No. 78-23

Dr. Anthony Robbins, Executive Director Attorney General of Colorado — Opinion August 28, 1978 RE: Availability of funds for developing an inspection/maintenance program, from the mobile source cash fund J.D. MacFARLANE, Attorney General Dr. Anthony Robbins, Executive Director Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Dear Dr. Robbins: QUESTION PRESENTED AND […]

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No. 81-14

Mrs. Anne Gough Attorney General of Colorado — Opinion April 16, 1981 RE: Inquiry concerning: nurses accepting orders of physician assistants or physician extenders J.D. MacFARLANE, Attorney General Mrs. Anne Gough Program Administrator Colorado State Board of Nursing 1525 Sherman Street Denver, Colorado 80203 Dear Mrs. Gough: This opinion letter is in response to your […]

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No. 79-5

Dr. Frank Traylor Attorney General of Colorado — Opinion February 14, 1979 RE: Interpretation of S.B. 89 J.D. MacFARLANE, Attorney General Dr. Frank Traylor Executive Director Colorado Department of Health 4210 E. 11th Street Denver, Colorado Dear Dr. Traylor: I am in receipt of a letter from Dr. Anthony Robbins of October 17, 1978, in […]

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No. 90-4

John Tipton Attorney General of Colorado — Opinion March 6, 1990 RE: Distribution of Public Motor Vehicle Title and Registration Records DUANE WOODARD, Attorney General John Tipton Executive Director Department of Revenue 1375 Sherman Street, No. 486 Denver, CO 80203 Dear Mr. Tipton: This opinion letter is in response to your December 20, 1989 inquiry […]

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No. 76-27

Mr. Joseph F. Dolan Attorney General of Colorado — Opinion August 17, 1976 RE: Inheritance Taxation of Dependency and Indemnity Compensation Benefits Paid Pursuant to 38 U.S.C. § 410, et seq. J.D. MacFARLANE, Attorney General Mr. Joseph F. Dolan Executive Director Department of Revenue State Capitol Annex 1375 Sherman Street Denver, Colorado 80203 Dear Mr. […]

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No. 80-31

J. Richard Barnes, C.L.U. Attorney General of Colorado — Opinion March 20, 1980 RE: Trust requirements under the Colorado preneed law J.D. MacFARLANE, Attorney General J. Richard Barnes, C.L.U. Commissioner of Insurance 106 State Office Building 201 E. Colfax Denver, CO 80203 Dear Commissioner Barnes: This opinion letter is in response to your January 25, […]

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No. 80-97

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion December 9, 1980 RE: Filing incorporation papers — fire protection districts J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street, 2d Floor Denver, CO Dear Ms. Buchanan: I am writing in response to your October 31, 1980 request for […]

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No. 80-27

Al J. Motter, Jr. Attorney General of Colorado — Opinion March 13, 1980 RE: Your request for an attorney general’s opinion regarding the Racing Act, C.R.S. 1973, 12-60-119, as amended by House bill 1611 J.D. MacFARLANE, Attorney General Al J. Motter, Jr. Executive Secretary Colorado Racing Commission 201 E. Colfax, Room 220 Denver, CO 80203 […]

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No. 82-7

Paula Herzmark Attorney General of Colorado — Opinion January 19, 1982 RE: Budget process of local governments J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Colorado Department of Local Affairs 1313 Sherman Street, Room 518 Denver, Colorado 80203 Dear Ms. Herzmark: This opinion is in response to your May 29, 1981 letter, in which you […]

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No. 83-28

John F. Strong Attorney General of Colorado — Opinion August 30, 1983 RE: Federal and state jurisdiction over the Solar Energy Research Institute (SERI) permanent facility DUANE WOODARD, Attorney General John F. Strong Deputy Chief Counsel Solar Energy Research Institute 1617 Cole Boulevard Golden, CO 80401 Dear Mr. Strong: This is in response to your […]

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No. 78-2

Emerson L. Schwartzkopf Attorney General of Colorado — Opinion January 24, 1978 RE: Legal representation of student associations J.D. MacFARLANE, Attorney General Emerson L. Schwartzkopf President, ASMSC Metropolitan State College 1006 11th Street Denver, Colorado 80204 Dear Mr. Schwartzkopf: Your letter dated November 21, 1977, requesting legal representation in the case of Cappuccino v. Palmer […]

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No. 84-18

Morgan Smith Attorney General of Colorado — Opinion November 14, 1984 RE: Whether property that is used for mining operations or oil and gas production and managed by the State Board of Land Commissioners is subject to ad valorem tax. DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman Street, […]

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No. 80-9

Mr. Roy R. Romer Attorney General of Colorado — Opinion January 24, 1980 RE: Payment of Interest to the Industries for the Blind J.D. MacFARLANE, Attorney General Mr. Roy R. Romer State Treasurer State Capitol Denver, Colorado 80203 Dear Mr. Romer: I am writing in response to a letter dated April 4, 1979 from Dick […]

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No. 77-42

Mr. C. Raymond Clark Attorney General of Colorado — Opinion November 30, 1977 RE: Operation of State Treasury RICHARD H. FORMAN, Assistant Attorney General Mr. C. Raymond Clark Acting Deputy Treasurer Department of the Treasury 140 State Capitol Denver, Colorado 80203 Dear Mr. Clark: In your letter of August 5, 1977 and memorandum of August […]

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No. 81-29

Paula Herzmark Attorney General of Colorado — Opinion September 1, 1981 RE: Whether C.L.E. T.A. can legally deliver instruction other than basic certification training? J.D. MacFARLANE, Attorney General Paula Herzmark Executive Director Department of Local Affairs Camp George West 1500 Golden Road Golden, Colorado 80401 Dear Ms. Herzmark: This opinion letter is in response to […]

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No. 87-2

Sherry Harrington Attorney General of Colorado — Opinion April 17, 1987 RE: Authority of a political subdivision to impose sales tax on state lottery tickets DUANE WOODARD, Attorney General Sherry Harrington Director Colorado Lottery 700 Broadway, Suite 930 Denver, CO 80220 Dear Ms. Harrington: I am writing in response to the request of your office […]

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No. 85-18

Morgan Smith Attorney General of Colorado — Opinion December 11, 1985 RE: Conformity with the federal “Deficit Reduction Act of 1984” of Colorado statutes relating to state private activity bond limit allocations. DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman, Room 518 Denver, CO 80203 Dear Mr. Smith: This […]

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No. 79-52

Ms. Denise Rice Attorney General of Colorado — Opinion October 12, 1979 RE: Interpretation of Article VI, Section 24(4) of Colorado Constitution J.D. MacFARLANE, Attorney General Ms. Denise Rice and Ms. Kerry Dwyer Office of the Governor 13 State Capitol Building Denver, Colorado 80203 Dear Ms. Rice and Ms. Dwyer: I am writing in response […]

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No. 93-2

FORMAL OPINION Attorney General of Colorado — Opinion February 26, 1993 This is a response to a request from Shirley Harris, Executive Director of the Department of Personnel, for a Formal Attorney General Opinion concerning the Department’s authority to set salary levels for temporary employees. GALE A. NORTON, Attorney General QUESTIONS PRESENTED AND CONCLUSIONS 1. […]

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No. 94-5

FORMAL OPINION Attorney General of Colorado — Opinion October 11, 1994 This responds to the request of the State Board of Equalization (“SBOE”) for a formal Attorney General Opinion regarding the effect of 1992 Amendment One, Colo. Const., art. X, § 20, on the SBOE’s authority to issue payback orders. GALE A. NORTON, Attorney General […]

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No. 76-34

Edward E. Pellegrini, D.P.M. Attorney General of Colorado — Opinion October 20, 1976 RE: Nurses lawfully administering medications prescribed by licensed podiatrists J.D. MacFARLANE, Attorney General Edward E. Pellegrini, D.P.M. President, Colorado Podiatry Board 1525 Sherman Street — 1st Floor Denver, Colorado 80203 Dear Dr. Pellegrini: QUESTION PRESENTED AND CONCLUSION I am in receipt of […]

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No. 77-6

Hon. Richard D. Lamm Attorney General of Colorado — Opinion February 24, 1977 RE: Possible appointment of a legislator to fill a vacancy in the Office of State Treasurer J.D. MacFARLANE, Attorney General Hon. Richard D. Lamm Governor of Colorado State Capitol Denver, Colorado 80203 Dear Governor Lamm: It is anticipated that a vacancy will […]

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No. 82-5

Lyle Kyle Attorney General of Colorado — Opinion January 12, 1982 RE: Per diem reimbursement to legislative members of the Reapportionment Commission J.D. MacFARLANE, Attorney General Lyle Kyle Director Legislative Council Room 46 State Capitol Denver, CO 80203 Dear Mr. Kyle: This opinion letter is in response to your November 10, 1981 letter in which […]

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No. 94-2

FORMAL OPINION Attorney General of Colorado — Opinion February 9, 1994 This opinion letter responds to a request from the State Auditor, and from Representative Tom Ratterree regarding whether the funds collected, disbursed, and managed by the University of Colorado Treasurer are subject to the provisions of Colo. Const. art. X, § 12, and §§ […]

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No. 85-5

Mr. Alan Charnes, Director Attorney General of Colorado — Opinion March 12, 1985 RE: Felony convictions under the lottery statute DUANE WOODARD, Attorney General Mr. Alan Charnes, Director Department of Revenue 416 Capitol Annex 1375 Sherman Street Denver, CO 80261 Dear Mr. Charnes: I am writing in response to the request of your office for […]

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No. 85-17

B.J. Thornberry Attorney General of Colorado — Opinion November 19, 1985 RE: Federal insurance coverage for deposits of moneys in the Highway Fund and the Public School Income Fund DUANE WOODARD, Attorney General B.J. Thornberry Deputy Treasurer Department of the Treasury 140 State Capitol Denver, CO 80203 Dear Ms. Thornberry: This legal opinion is written […]

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No. 78-1

Mr. Ray E. Carper Attorney General of Colorado — Opinion January 11, 1978 RE: Applicability of open space provisions of H.B. 1452 (1977) to parcels of land in excess of 35 acres J.D. MacFARLANE, Attorney General Mr. Ray E. Carper Property Tax Administrator 623 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Dear Mr. […]

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No. 84-5

Calvin M. Frazier Attorney General of Colorado — Opinion March 29, 1984 RE: Amendments to Teacher Employment, Dismissal, and Tenure Act, C.R.S. 1973, 22-63-101 et seq. DUANE WOODARD, Attorney General Calvin M. Frazier Commissioner of Education Department of Education 303 West Colfax Avenue Denver, CO 80203 Dear Dr. Frazier: I am writing in response to […]

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No. 79-42

Mary Estill Buchanan Attorney General of Colorado — Opinion September 19, 1979 RE: Officeholder disclosure filings J.D. MacFARLANE, Attorney General Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, Colorado 80203 Dear Mrs. Buchanan: QUESTION PRESENTED AND CONCLUSION I am writing in response to your request for an attorney general’s opinion on the […]

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No. 05-07

FORMAL OPINION Attorney General of Colorado — Opinion October 18, 2005 This opinion, requested by Secretary of State Donetta Davidson and resubmitted by Secretary of State Gigi Dennis, concerns the counting of partial terms for purposes of legislative term limits. JOHN W. SUTHERS, Colorado Attorney General QUESTIONS PRESENTED AND CONCLUSION Question: What is the meaning […]

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No. 78-18

Dr. William D. Woolf Attorney General of Colorado — Opinion August 9, 1978 RE: Approval of Occupational Education Programs J.D. MacFARLANE, Attorney General Dr. William D. Woolf Executive Director for Occupational Education Dr. Terrence Tollefson Director of Community Colleges State Board for Community Colleges and Occupational Education 1525 Sherman Street, 2d Floor Denver, Colorado 80203 […]

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No. 03-2

FORMAL OPINION Attorney General of Colorado — Opinion April 17, 2003 This opinion concerns the propriety of investing custodial funds held in the Colorado treasury in non-interest bearing general fund warrants. It is issued at the request of Colorado State Treasurer Mike Coffman. KEN SALAZAR, Attorney General Questions Presented and Answers Question No. 1: Are […]

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No. 79-50

James L. Kurtz-Phelan, Esq. Attorney General of Colorado — Opinion October 2, 1979 RE: Sentences commuted by Governor WILLIAM MORRIS, Assistant Attorney General James L. Kurtz-Phelan, Esq. Legal Advisor to the Governor State of Colorado 136 State Capitol Denver, Colorado 80203 Dear Mr. Kurtz-Phelan: Your inquiry of September 24, 1979, has been directed to me […]

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No. 77-30

Mr. Raymond E. Carper Attorney General of Colorado — Opinion August 29, 1977 RE: Assessment of mobile homes J.D. MacFARLANE, Attorney General Mr. Raymond E. Carper Property Tax Administrator 623 State Centennial Building 1313 Sherman Street Denver, Colorado 80203 Dear Mr. Carper: QUESTION PRESENTED AND CONCLUSION This is to respond to your request for an […]

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No. 82-40

Alan Charnes Attorney General of Colorado — Opinion November 8, 1982 RE: Are the sales of lottery tickets subject to a sales or use tax J.D. MacFARLANE, Attorney General Alan Charnes Director, Department of Revenue 1375 Sherman St. Denver, CO 80203 Dear Mr. Charnes: This opinion is written in response to your request for an […]

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No. 83-32

Keith Stott Attorney General of Colorado — Opinion September 21, 1983 RE: Home rule counties’ authority to charge more than the monetary limit set in C.R.S. 1973, 30-1-104 (Supp. 1982) for service of subpoenas DUANE WOODARD, Attorney General Keith Stott Staff Legal Officer Office of the State Court Administrator Colorado Judicial Department Two East Fourteenth […]

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No. 91-2

John J. Tipton Attorney General of Colorado — Opinion April 22, 1991 RE: Self-insurance Certificate/Financial Reports GALE A. NORTON, Attorney General John J. Tipton Executive Director Colorado Department of Revenue 404 Capitol Annex 1375 Sherman Street Denver, CO 80203 Dear Mr. Tipton: I write in response to your request for an Attorney General’s Opinion regarding […]

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No. 75-17

Governor Richard D. Lamm Attorney General of Colorado — Opinion September 12, 1975 RE: Authority to reduce expenditures J.D. MacFARLANE, Attorney General Governor Richard D. Lamm Office of the Governor 136 State Capitol Building Denver, Colorado 80203 Dear Governor Lamm: QUESTION PRESENTED AND CONCLUSION This is in response to your request of September 9, 1975 […]

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No. 86-12

Calvin M. Frazier Attorney General of Colorado — Opinion August 29, 1986 RE: Legality of expending school district funds to finance litigation challenging the Public School Finance Act DUANE WOODARD, Attorney General Calvin M. Frazier Commissioner of Education Colorado Department of Education 201 E. Colfax Avenue Denver, Colorado 80203 Dear Commissioner Frazier: This opinion letter […]

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No. 79-73

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion November 23, 1979 RE: Transfer of Funds Between Political Committees J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, CO 80203 Dear Ms. Buchanan: QUESTIONS PRESENTED AND CONCLUSIONS I am writing in response to your October 2, 1979 […]

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No. 81-34

Robert M. Ridl, CPA Attorney General of Colorado — Opinion October 23, 1981 RE: Whether a Colorado municipality may lawfully invest in a bank repurchase agreement J.D. MacFARLANE, Attorney General Robert M. Ridl, CPA Principal State Auditor Office of State Auditor 1365 Logan Street, Suite 300 Denver, Colorado 80203 Dear Mr. Ridl: I am writing […]

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No. 79-47

Mr. Glenn W. Adams Attorney General of Colorado — Opinion September 27, 1979 RE: Senate bill No. 265 (1979) amending the Workmen’s Compensation Act J.D. MacFARLANE, Attorney General Mr. Glenn W. Adams Manager State Compensation Insurance Fund 1313 Sherman Street Denver, Colorado 80203 Dear Mr. Adams: This is in response to your letter dated June […]

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No. 79-27

Alan N. Jensen Attorney General of Colorado — Opinion June 9, 1979 RE: State reimbursement for legal fees incurred in defense of criminal charges arising out of official duties J.D. MacFARLANE, Attorney General Alan N. Jensen County Attorney Board of County Commissioners Courthouse Pueblo, Colorado 81003 Dear Mr. Jensen: In your letter to me dated […]

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No. 79-82

Ms. Paula Herzmark Attorney General of Colorado — Opinion December 17, 1979 RE: Authority of a sanitation district to construct employee housing J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Room 518 Denver, CO 80203 Dear Ms. Herzmark: This opinion letter is in response to your letter […]

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No. 06-02

FORMAL OPINION Attorney General of Colorado — Opinion. March 13, 2006 This opinion is issued at the request of Deputy State Treasurer Benson M. Stein. The Deputy Treasurer’s letter asks a question regarding the disposition of investment interest earned on moneys in school districts’ bond redemption funds. JOHN W. SUTHERS, Attorney General QUESTION PRESENTED AND […]

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No. 88-7

Ms. Jo Ann Soker Attorney General of Colorado — Opinion November 7, 1988 RE: Modification of Military Leave of Absence Fringe Benefit DUANE WOODARD, Attorney General Ms. Jo Ann Soker Executive Director Department of Personnel 1313 Sherman Street, First Floor Denver, CO 80203 Dear Ms. Soker: I am writing in response to your request dated […]

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No. 82-23

Alan N. Charnes Attorney General of Colorado — Opinion June 10, 1982 RE: Attorney general’s opinion concerning hearings prior to driver’s license revocation J.D. MacFARLANE, Attorney General Alan N. Charnes Executive Director Department of Revenue State Capitol Annex Denver, CO Dear Mr. Charnes: This opinion letter is in response to your April 8, 1982 letter […]

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No. 80-77

J. Richard Barnes, C.L.U. Attorney General of Colorado — Opinion September 15, 1980 RE: Your July 3, 1980 letter requesting an opinion on the limits of the Colorado Insurance Board’s power to conduct hearings. J.D. MacFARLANE, Attorney General J. Richard Barnes, C.L.U. Division of Insurance Department of Regulatory Agencies 201 East Colfax, Room 106 Denver, […]

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No. 79-49

Mr. Glenn W. Adams, Manager Attorney General of Colorado — Opinion October 1, 1979 RE: Opinion request — Claims adjusters subject to licensing requirements J.D. MacFARLANE, Attorney General Mr. Glenn W. Adams, Manager State Compensation Insurance Fund 1313 Sherman Street Denver, Colorado 80203 Dear Mr. Adams: QUESTION PRESENTED AND CONCLUSION You have asked my opinion […]

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No. 80-98

Mr. David L. Paul Attorney General of Colorado — Opinion December 10, 1980 RE: Authority of the state savings and loan commissioner to authorize “such other loans” under C.R.S. 1973, 11-41-114(1)(a) J.D. MacFARLANE, Attorney General Mr. David L. Paul Commissioner State Savings and Loan Division 110 State Services Building 1525 Sherman Street Denver, Colorado 80203 […]

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No. 78-21

Dr. Lee R. Kerschner Attorney General of Colorado — Opinion August 23, 1978 RE: C.R.S. 1973, 23-1-113(2) Proof of Residence J.D. MacFARLANE, Attorney General Dr. Lee R. Kerschner Executive Director Colorado Commission on Higher Education 1550 Lincoln Street, Room 210 Denver, Colorado 80203 Dear Dr. Kerschner: It has been brought to my attention that some […]

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No. 81-24

Ms. Paula Herzmark Attorney General of Colorado — Opinion July 27, 1981 RE: Land registration demonstration project. J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street Denver, Colorado 80203 Dear Ms. Herzmark: This letter is written in response to your June 4, 1981 request for an attorney general’s […]

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No. 80-64

Ms. Paula Herzmark Attorney General of Colorado — Opinion July 25, 1980 RE: Proper legal advisor to a public trustee J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street Denver, CO 80203 Dear Ms. Herzmark: I am writing in response to your July 9, 1980 request for an […]

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No. 79-2

The Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion January 15, 1979 RE: List of registered voters for schoolboard and other elections held for the purging of voters J.D. MacFARLANE, Attorney General The Honorable Mary Estill Buchanan Colorado Secretary of State 1575 Sherman Street Denver, Colorado 80203 Dear Ms. Buchanan: QUESTION PRESENTED AND […]

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No. 89-3

Steven V. Berson Attorney General of Colorado — Opinion October 16, 1989 RE: Automobile Insurance Premium Rates and Underwriting Guidelines DUANE WOODARD, Attorney General Steven V. Berson Executive Director Colorado Department of Regulatory Agencies 1525 Sherman Street, Room 110 Denver, CO 80203 Dear Mr. Berson: This opinion letter is in response to your August 15, […]

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No. 76-38

Joe Schieffelin Attorney General of Colorado — Opinion December 3, 1976 RE: Implementation of the Colorado Equal Rights Amendment regarding conflicting federal or state laws J.D. MacFARLANE, Attorney General Joe Schieffelin State Senator 4315 Wadsworth Boulevard Wheatridge, Colorado 80033 Dear Joe: This is in response to your letter of November 9, 1976 concerning implementation of […]

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No. 79-78

Honorable Mary Estill Buchanan Attorney General of Colorado — Opinion December 6, 1979 RE: Bonds for county clerks under the Torrens Title Registration Act J.D. MacFARLANE, Attorney General Honorable Mary Estill Buchanan Secretary of State 1575 Sherman Street, 2d Floor Denver, Colorado 80203 Dear Ms. Buchanan: QUESTION PRESENTED AND CONCLUSION In your letter of November […]

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No. 08-02

Karen L. Beye, Executive Director of the Colorado Department of Human Services Attorney General of Colorado — Opinion February 21, 2008 JOHN W. SUTHERS, Attorney General Karen L. Beye, Executive Director of the Colorado Department of Human Services, requested an opinion from this office concerning the question of whether, under § 26-5-104(7), C.R.S. (2007), unexpended […]

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No. 05-04

FORMAL OPINION Attorney General of Colorado — Opinion August 16, 2005 Various special districts formed pursuant to title 32 of the Colorado Revised Statues hold elections in which candidates oftentimes run unopposed for the office of director of their respective boards. Special districts are subject to term limits set forth in Colo. Const. art. XVIII, […]

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No. 09-01Page 1

FORMAL OPINION Attorney General of Colorado — Opinion January 28, 2009 This opinion, requested by Mesa State College President Tim Foster, concerns whether any of the revenues raised under the recently-passed Amendment 50 would be available for Mesa State College and its students. JOHN W. SUTHERS, Attorney General QUESTION PRESENTED AND CONCLUSION Question: Whether under […]

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No. 80-42

Hon. Mary Estill Buchanan Attorney General of Colorado — Opinion April 16, 1980 RE: Agent as designee of qualified elector seeking to register J.D. MacFARLANE, Attorney General Hon. Mary Estill Buchanan Secretary of State State of Colorado 1575 Sherman Street, 2d Floor Denver, Colorado, 80203 Dear Mrs. Buchanan: I am writing in response to your […]

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No. 80-81

The Honorable Anne McGill Gorsuch Attorney General of Colorado — Opinion October 27, 1980 RE: Solid waste facility siting and waste disposal J.D. MacFARLANE, Attorney General The Honorable Anne McGill Gorsuch State Representative Chairman, Committee on Hazardous Waste State Capitol Building Denver, Colorado 80203 Dear Representative Gorsuch: I am writing in response to your September […]

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No. 80-38

Mr. Melvin S. Goldberg Attorney General of Colorado — Opinion April 9, 1980 RE: Inheritance taxation of Colorado health facilities bonds J.D. MacFARLANE, Attorney General Mr. Melvin S. Goldberg Director Inheritance and Gift Tax Division Department of Revenue 1375 Sherman Street, Room 600 Denver, CO 80261 Dear Mr. Goldberg: This opinion is in response to […]

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No. 79-20

The Honorable Ted L. Strickland Attorney General of Colorado — Opinion May 17, 1979 RE: Collective bargaining by the State Board for Community Colleges and Occupational Education J.D. MacFARLANE, Attorney General The Honorable Ted L. Strickland Senator State of Colorado State Capitol Building Denver, Colorado 80203 Dear Senator Strickland: This is in reply to your […]

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No. 93-8

FORMAL OPINION Attorney General of Colorado — Opinion August 27, 1993 This opinion is in response to a request from the Executive Director of the Department of Local Affairs as to the effect of Colo. Const. art. X, § 20 on existing formulations for determining increases in levies and assessments of local governments. GALE A. […]

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No. 80-36

Edward Pellegrini, D.P.M. Attorney General of Colorado — Opinion April 8, 1980 RE: Execution of podiatrist’s orders by practical and professional nurses J.D. MacFARLANE, Attorney General Edward Pellegrini, D.P.M. President, Colorado Podiatry Board 1525 Sherman Street Denver, CO 80203 Dear Dr. Pellegrini: This opinion letter is in response to your February 19, 1980 letter in […]

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No. 77-24

Joseph F. Dolan Attorney General of Colorado — Opinion May 27, 1977 RE: Senate Bill 284 J.D. MacFARLANE, Attorney General Joseph F. Dolan Executive Director Department of Revenue 1375 Sherman Street Denver, Colorado 80261 Dear Mr. Dolan: By letter of May 17, 1977, you offer the opinion that Senate Bill 284 nullifies my opinion of […]

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No. 81-4

Roy Romer Attorney General of Colorado — Opinion January 15, 1981 RE: Specific investments of money deposited in special funds relating to workmen’s compensation J.D. MacFARLANE, Attorney General Roy Romer State Treasurer 104 State Capitol Denver, CO 80203 Dear Mr. Romer: I am writing in response to your letter of December 3, 1980 which requests […]

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No. 90-1

Michael K. Ghourdjian Attorney General of Colorado — Opinion January 12, 1990 RE: Procurement status of University Hospital after divestiture DUANE WOODARD, Attorney General Michael K. Ghourdjian State Purchasing Director Division of Purchasing Department of Administration 303 West Colfax Avenue, Suite 600 Denver, Colorado 80204 Dear Mr. Ghourdjian, This opinion letter is written in response […]

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No. 83-26

Morgan Smith Attorney General of Colorado — Opinion August 9, 1983 RE: Your request of June 23, 1983 for an attorney general opinion as to 1982 constitutional amendment No. 1 DUANE WOODARD, Attorney General Morgan Smith Executive Director Department of Local Affairs 1313 Sherman, Room 518 Denver, Colorado 80203 Dear Mr. Smith: This is in […]

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No. 81-6

James Ricketts Attorney General of Colorado — Opinion January 16, 1981 RE: Parole under the Gorsuch bill J.D. MacFARLANE, Attorney General James Ricketts Executive Director Department of Corrections 6385 N. Academy Boulevard Colorado Springs, Colorado 80907 Dear Dr. Ricketts: This opinion letter is in response to your March 13, 1980 letter in which you inquired […]

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No. 86-15

Thomas M. Vernon, M.D. Attorney General of Colorado — Opinion October 22, 1986 RE: Air Quality Control Commission’s authority to adopt fuel regulations DUANE WOODARD, Attorney General Thomas M. Vernon, M.D. Executive Director Colorado Department of Health 4210 East 11th Avenue Denver, Colorado 80220 Dear Dr. Vernon: I am writing in response to your request […]

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No. 79-19

Hon. Don MacManus Attorney General of Colorado — Opinion May 16, 1979 RE: Open Meetings Law STEPHEN H. KAPLAN, First Assistant Attorney General Hon. Don MacManus State Senator Senate Chambers State Capitol Denver, Colorado 80203 Dear Senator MacManus: QUESTION PRESENTED AND CONCLUSION You have requested an opinion as to whether it is permissible for an […]

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No. 86-9

Calvin M. Frazier Attorney General of Colorado — Opinion August 12, 1986 RE: School district tax levies for capital reserve and insurance reserve funds. DUANE WOODARD, Attorney General Calvin M. Frazier Commissioner of Education State Office Building 201 East Colfax Avenue Denver, Colorado 80203 Dear Mr. Frazier: This letter is in response to your request […]

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No. 79-10

Al J. Motter, Jr. Attorney General of Colorado — Opinion March 20, 1979 RE: Colorado Racing Commission J.D. MacFARLANE, Attorney General Al J. Motter, Jr. Executive Secretary Colorado Racing Commission 220 State Office Building 201 East Colfax Denver, Colorado 80203 Dear Mr. Motter: QUESTION PRESENTED AND CONCLUSION Is a supplemental appropriation to a state agency […]

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No. 80-80

Ms. Paula Herzmark Attorney General of Colorado — Opinion October 6, 1980 RE: Authority to affix identification stickers to mobile homes J.D. MacFARLANE, Attorney General Ms. Paula Herzmark Executive Director Department of Local Affairs 1313 Sherman Street, Rm. 518 Denver, CO 80218 Dear Ms. Herzmark: This is in response to your letter of September 3, […]

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No. 79-44

Keith T. Koske, Director Attorney General of Colorado — Opinion September 20, 1979 RE: Registration of Developers of Condominium Conversions and/or Time Share Units J.D. MacFARLANE, Attorney General Keith T. Koske, Director Real Estate Commission Room 110, State Services Building 1525 Sherman Street Denver, Colorado 80203 Dear Mr. Koske: Your requests for attorney general’s opinions […]

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No. 77-16

Mr. Thomas H. Sheehan, Jr., Executive Director Attorney General of Colorado — Opinion March 30, 1977 RE: Highway users tax fund J.D. MacFARLANE, Attorney General Mr. Thomas H. Sheehan, Jr., Executive Director Colorado Department of Administration 724 State Services Building Denver, Colorado 80203 Dear Mr. Sheehan: You have asked several questions regarding use of the […]

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No. 84-24

Dr. Arnold R. Weber Attorney General of Colorado — Opinion December 12, 1984 RE: Re-enrollment of nonresident students changing tuition status DUANE WOODARD, Attorney General Dr. Arnold R. Weber President University of Colorado Boulder, CO 80309 Dear Dr. Weber: I write in response to your request for my opinion about the lawfulness of requiring nonresident […]

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