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2013 Colorado Attorney General Reports and Opinions 1 (2013)

handle is hein.sag/sagco2013 and id is 1 raw text is: * 876 *

JOHN W. SUTHERS
Attorney General
CYNTHIA H. COFFMAN
Chief Deputy Attorney General
DANIEL D. DOMENICO
Solicitor General

STATE OF COLORADO
DEPARTMENT OF LAW
OFFICE OF THE ATTORNEY GENERAL

RALPH L. CARR
COLORADO JUDICIAL CENTER
1300 Broadway, 10th Floor
Denver, Colorado 80203
Phone (720) 508-6000

FORMAL                      )
OPINION                     )              No. 13-01
OF                       )     AG Alpha No. GA AD AGBDV
JOHN W. SUTHERS                  )             July 19, 2013
Attorney General               )
This opinion, requested by the Colorado Department of Revenue, Division of
Gaming, concerns distribution of moneys from the Limited Gaming Fund to the state's
district attorneys.
QUESTION PRESENTED AND ANSWER
Question: Are the state's district attorneys entitled to receive off-the-top, pre-
distribution money from the Limited Gaming Fund pursuant to Article XVIII, section
9(5)(b)(I) of the Colorado Constitution and Section 12-47.1-701(1), C.R.S. (2012) of the
Colorado Limited Gaming Act for the purpose of covering expenses associated with
gaming-related criminal offenses?
Answer: No. Neither the constitution nor any Colorado statute authorizes the
state's district attorneys to receive priority off-the-top, pre-distribution Limited Gaming
Fund money because they do not administer Section 9 of the constitution or the Gaming
Act. District attorney expenses incurred in the prosecution of illegal acts related to
limited gaming operations may be paid either through the direct constitutional
distributions to the host counties or reimbursement from the Local Government Limited
Gaming Impact Fund.
BACKGROUND
I.   Section 9 and Limited Gaming Fund distributions.
Article XVIII, Section 9 of the Colorado Constitution (Section 9), approved by the
voters on November 6, 1990, authorizes limited gaming within Central City, Black Hawk

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