Formal Opinions
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2017-08 Formal Opinion, Attorney General, State of Connecticut
An opinion on questions about the Governor's authority to direct the expenditure of funds by executive order in the absence of legislatively enacted appropriations.
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2017-02 Formal Opinion, Attorney General, State of Connecticut
Governor Malloy has requested an opinion, in light of the enactment of Special Act 15-7 and the subsequent developments pursuant to it, of the risks associated with moving forward with the process for authorizing a casino gaming facility operated by an entity jointly owned by the Mashantucket Pequot Tribal Nation (MPTN) and the Mohegan Tribe of Indians of Connecticut (Mohegan) (collectively, Tribes).
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2017-06 Formal Opinion, Attorney General, State of Connecticut
Speaker Aresimowicz and Majority Leader Ritter have requested an opinion about whether the legal principles and cautions set forth in Attorney General Opinion No. 89-11 , 1989 WL 505894 (May 9, 1989) ("Opinion 89-11 ") concerning the constitutionality of legislative enactments altering the provisions of collective bargaining agreements between the State and its employees remain in force today. Although subsequent cases have further developed the law, we conclude that the principles and cautions expressed in Opinion 89-11 continue to apply.
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2017-07 Formal Opinion, Attorney General, State of Connecticut
An opinion about certain legal questions pertaining to a proposed police training facility in the Town of Griswold. Specifically, you ask (1) whether the requirements under Chapter 297a of the General Statutes relating to priority funding areas apply to the proposed training facility; (2) whether the Department of Administrative Services (DAS) has satisfied the requirement of Conn. Gen. Stat. § 16a-35e that state agencies cooperate with municipalities to ensure programs and activities in rural areas sustain village character; and (3) whether the proposed training facility requires the approval of the State Properties Review Board as part of the State Facility Plan.
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2017-09 Formal Opinion, Attorney General, State of Connecticut
Formal opinion concerning two matters identified in the State of Connecticut Auditors' Report, Military Department, for the Fiscal Years Ended June 30, 2012 and 2013 ("Auditors' Report"). First, you have asked whether the requirements under Connecticut General Statutes § 4-37e et seq. pertaining to foundations established for the principal purpose of supporting or improving state agencies or for coordinated emergency recovery purposes apply to the Connecticut National Guard Foundation, Inc. (CNGFI). Second, you have asked whether the authority of the Governor of the State of Connecticut pursuant to the provisions of Connecticut General Statutes §§ 27-9 and 27-10, as delegated to and administered by the Connecticut Miiitary Depmtment (CTMD), is restricted to ordering members of the Connecticut State Guard to active service under the "State Active Duty" (SAD) program only for "emergency situations" as suggested by the Auditors' Report.
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You have requested a formal opinion as to whether employees of state-aided institutions, as defined in Conn. Gen. Stat. § 5-175, are authorized to participate in the Early Retirement Incentive Program (ERIP) created in 2003 by Conn. Pub. Act No. 03-02. If the answer to this question is in the affirmative, you have also inquired as to whether such employees are bound by the reemployment provisions contained in the State Employees Retirement Act, Conn. Gen. Stat. §§ 5-152 to 5-192x (hereinafter SERA or the Retirement Act).
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Honorable Denise L. Nappier, Treasurer, 2002-004 Formal Opinion, Attorney General of Connecticut
You have requested an opinion regarding the ownership and management of approximately 2.2 million shares of Anthem, Inc. stock recently distributed to the State of Connecticut, as a result of the demututalization of Anthem Insurance Company ("AIC"). You raise the question of the State's "ownership of, and, therefore, [your] authority to receive and manage these assets" in light of legal challenges to the State's ownership currently pending.
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You have asked for an evaluation of the constitutionality of the Governor's Executive Order No. 26, issued April 12, 2002 ("Executive Order"), with respect to large-scale gas and electric transmission facilities.
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Honorable Nancy Wyman, Comptroller, 2002-019 Formal Opinion, Attorney General of Connecticut
You have requested an opinion as to whether the Governor has the authority, pursuant to Conn. Gen. Stat. §4-96, to increase the Banking Department’s (the "Department") fiscal year 2002 budget by $3.193 million for expenses associated with the proposed relocation of the Department, including building renovations and new furniture.
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You have asked for our opinion regarding the State Marshal Commission’s authority to investigate and, if appropriate, withdraw the appointment of a state marshal for improper conduct engaged in prior to December 1, 2000.
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You have asked for a formal opinion concerning the community behavioral health treatment program being developed at Natchaug Hospital in Mansfield, CT.
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In your letter of June 17, 2002, you requested that I issue an opinion regarding whether the $12,000.00 annual cap on compensation for members of the Connecticut Siting Council (Council) contained in Conn. Gen. Stat. § 16-50j (f) is a limit on total compensation or only compensation for attending hearings.
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Senator Sullivan and Jepsen, State Capitol, 2002-021 Formal Opinion, Attorney General of Connecticut
You have asked for an opinion regarding the provision of § 17b-8(a) of the General Statutes, under which the Commissioner of the Department of Social Services ("Commissioner") is required to submit applications for waivers of federal assistance program requirements to the Joint Committee on Appropriations and the Joint Committee on Human Services ("Joint Committees").
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This is in response to your request for an opinion on whether a certain bill, proposed in last year’s legislative session, and which is expected to be proposed again, would conflict with the Tribal/State agreements or Memoranda of Understanding (MOUs) with the Mashantucket Pequot and Mohegan Tribes concerning the operations of the two casinos in Connecticut. The bill would allow businesses to conduct games of chance under certain circumstances.
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This is in response to your question as to whether the Compact between the Mohegan Tribe and the State of Connecticut allows off-track betting and viewing of races from hotel rooms at the Mohegan Sun Casino utilizing hotel telephones and television sets.