Incorrect answer:

NO, since there is not enough time to obtain an advisory opinion from either entity before the Senate Judiciary Committee meeting next week is INCORRECT.

Section 24-18-113, C.R.S., which governs the General Assembly Board of Ethics, does not establish any deadline for issuing an advisory opinion once a request has been made. While Amendment 41 also does not establish any deadline for the IEC to issue an advisory opinion, section 24-18.5-101 (4)(b)(II), C.R.S., requires that the IEC issue an advisory opinion as soon as practicable after the request is made.

Despite the fact that your request for an advisory opinion could state that time is of the essence in receiving a response, there is no guarantee that an advisory opinion would be issued by either entity prior to the upcoming Senate Judiciary Committee. However, the uncertainty of when an advisory opinion would be issued does not prevent you from requesting an advisory opinion since advisory opinions may be requested regarding the propriety of a legislator's past, current, or anticipated conduct. Regardless of whether you obtain an advisory opinion before making a decision whether to make such an agreement, you might find it helpful to consult with your leadership, other members of the General Assembly, and the Office of Legislative Legal Services regarding any ethical or legal issues involving the proposed agreement.

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