Formal Opinions
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2017-04 Formal Opinion, Attorney General, State of Connecticut
Commissioner Robert Klee asked my office for an opinion identifying the owner of a structure commonly known as the Stonington Harbor Breakwater, which is located in the Stonington Harbor adjacent to Stonington, CT (the "Breakwater").
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2017-05 Formal Opinion, Attorney General, State of Connecticut
Formal opinion on whether, for purposes of administering the provisions of Conn. Gen. Stat. § 29-28(b), a resident of the Mashantucket Pequot Tribal Nation (MPTN) reservation is a bona fide permanent resident of the Town of Ledyard such that local authorities are empowered to issue a temporary state permit to such individuals, and based thereon, the Commissioner of the Department of Emergency Services and Public Protection (Commissioner) is authorized to issue a state permit to carry pistols and revolvers.
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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 Nancy Wyman, Comptroller, Formal Opinion 2008-019, Attorney General, State of Connecticut
This is a formal legal opinion in response to several questions that you raised concerning the ramifications of the Connecticut Supreme Court’s ruling in Kerrigan v. Commissioner of Public Health
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This formal opinion responds to several questions that the Department of Public Health (“Department”) has asked concerning the effect the decision of the Connecticut Supreme Court in Kerrigan v. Commissioner of Public Health
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In anticipation of heavy voter turnout in Tuesday's Presidential election, you have asked for my opinion as to whether the voting hours can be extended to accommodate an unusually large number of voters
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You ask whether the United States Marshals Service (“the Marshals Service”) may access the Judicial Branch’s Paperless Rearrest Warrant Notification (“PRAWN”) database, which contains records of all rearrest warrants issued by the Superior Court.
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Thank you for your letter of December 23, 2005, seeking my opinion concerning issues relating to your on-going efforts to procure voting machines that comply with the requirements of the federal Help America Vote Act (“HAVA”). Does Connecticut state law require that electronic voting machines utilize a “full face” ballot?
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You have asked for a formal opinion whether the State of Connecticut satisfies the requirements of § 413 of the Justice for All Act of 2004 (the Act).
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You have requested our opinion with respect to an application by the Town of Trumbull for a temporary moratorium from the affordable housing land use appeals procedure under the provisions of Conn. Gen. Stat. § 8-30g(l).