Attorney General: Opinions
Opinions

1998 Formal Opinions
11/23/1998The Honorable Mark Shiffrin, Department of Consumer Protection, 1998-024 Formal Opinion, Attorney General of Connecticut
  You have asked this office for an opinion regarding whether Conn. Gen. Stat. 20-627 to 20-630 apply to the "Pequot Pharmaceutical Network", a pharmacy owned and operated by the Mashantucket Pequot Tribal Nation on the Mashantucket Pequot Reservation in Ledyard, Connecticut. These statutory provisions regulate "nonresident pharmacies", which are defined as "any pharmacy located outside this state which ships, mails or delivers, in any manner, legend devices or legend drugs . . . into this State." Conn. Gen. Stat. 20-627. Thus, the dispositive question is whether a pharmacy located solely on reservation land situated within the geographical boundaries of the State of Connecticut is "within" the State of Connecticut for purposes of the statute.
 
11/16/1998Dr. Henry C. Lee, Commissioner, Department of Public Safety, 1998-023 Formal Opinion, Attorney General of Connecticut
  In a memorandum dated October 5, 1998, your agency asked for our opinion regarding two questions that have arisen since the issuance of our September 28, 1998 opinion regarding Public Act 98-111. The first question asks the following: 1) A review of the opinion would seem to indicate that an individual convicted of, for example, C.G.S. Sec. 53a-71(a)(1), and sentenced to a term of probation commencing September 28, 1998 would not have to be registered under either Public Act 97-183 or Public Act. 98-111. Your second question is as follows: 2) Section 3(b) of the Act provides that any individual who has been subject to the registration requirements of Public Act 97-183 must register under Public Act 98-111 in the manner required for sexually violent offenders.
 
11/16/1998Joyce A. Thomas, Department of Social Services, 1998-022 Formal Opinion, Attorney General of Connecticut
  This is a formal opinion regarding whether abortion must be included in the coverage provided under the Husky Plan, Part B ("Husky B"), a program designed to ensure health care coverage to all children in Connecticut.
 
11/9/1998Philip E. Austin, President, University of Connecticut, 1998-021 Formal Opinion, Attorney General of Connecticut
  You have asked our office to provide an opinion on the legality of random drug testing of student-athletes at the University of Connecticut. The Division of Athletics at the University has revised its drug testing policy; this opinion addresses that revision.
 
10/30/1998Honorable Arthur Rocque, Department of Environmental Protection, 1998-020 Formal Opinion, Attorney General of Connecticut
  Your office has inquired about the status of a pending application to extend a permit previously issued to Fedus Associates, LLC to construct an asphalt plant in Colchester, Connecticut. Your inquiry asks about the effect Public Act 98-216 has on the company's application.
 
10/2/1998Honorable Frank J. Kinney, New Haven County, 1998-019 Formal Opinion, Attorney General of Connecticut
  In a letter dated April 16, 1998, you requested our advice on the authority of the New Haven County Sheriffs Department to operate the Union Avenue Detention Center (New Haven lockup). Your request arose as a result of a report by the Auditors of Public Accounts which questions whether your continued operation of the New Haven lockup is in full compliance with all applicable laws and regulations.
 
9/28/1998Mr. George F. Wandrak, Division of Special Revenue, 1998-018 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether the "revolving door" limitation of Conn. Gen. Stat. 12-557d(c) applies to you if you resign as Acting Executive Director of the Division of Special Revenue to accept a position as President and Chief Executive Officer of the Connecticut Lottery Corporation (CLC).
 
9/28/1998Commissioners Lee and Armstrong, Department of Public Safety, Department of Correction, 1998-017 Formal Opinion, Attorney General of Connecticut
  You have requested a formal opinion by this office regarding issues presented in Public Act 98-111, Connecticut's most recent "Megan's Law." Public Act 98-111, which becomes effective October 1, 1998, establishes a sexual offender registration system for Connecticut that significantly expands the circumstances under which a convicted sexual offender is required to register with and provide current information to the Department of Public Safety and Connecticut State Police. Failure to register as required is a Class D felony under the act.
 
9/28/1998The Honorable George Reider, Insurance Department, 1998-016 Formal Opinion, Attorney General of Connecticut
  Your office has asked this office for advice about the applicability and constitutionality of Public Act 97-58, 1, with regard to Allstate's "Do I Need An Attorney?" flyer.
 
7/31/1998George F. Wandrak, Division of Special Revenue, 1998-015 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for opinion pertaining to reimbursement of regulatory costs under the Mashantucket Pequot Gaming Procedures, 56 Fed. Reg. 24996 (May 31, 1991) (Procedures). You ask whether the Procedures, which allow you to assess the Mashantucket Pequot Tribe (Tribe) for "reasonable and necessary costs" of regulating and investigating operations at Foxwoods, include reimbursement of indirect as well as direct costs.
 
7/31/1998Honorable Albert J. Solnit, M.D. , Department of Mental Health and Addiction Services , 1998-014 Formal Opinion, Attorney General of Connecticut
  This is in response to a request from your Department for an opinion on whether your agency can use minors in unannounced tobacco age law enforcement checks at Connecticut bars serving alcoholic liquor.
 
7/31/1998Mark A. Shiffrin, Department of Consumer Protection, 1998-013 Formal Opinion, Attorney General of Connecticut
  You have asked for general advice regarding correspondence the Department of Consumer Protection (the "Department") received from the Mohegan Tribe and Mashantucket Pequot Tribe concerning the proposed sale and distribution of alcoholic beverages at particular sites on the Tribes' federal reservations.
 
7/27/1998Michael Kozlowski, Office of Policy and Management, 1998-012 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion on whether Conn. Gen. Stat.  7-374b(b) and 7-403a authorize municipalities to issue general obligation bonds to fund their unfunded actuarial accrued pension liabilities. We understand that this request for opinion is prompted by the proposed issuance of general obligation bonds by the Town of Stratford for the foregoing purpose, and that the Town's bond counsel, Squire Sanders & Dempsey, has opined that the issuance is authorized under state law.
 
7/16/1998Honorable Nicholas Cioffi, Commission on Human Rights & Opportunities, 1998-011 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion concerning the term of office of the Executive Director of the Commission on Human Rights and Opportunities (Commission). You ask specifically when the term of office of Louis Martin, who was appointed executive director in 1994, expires, and whether he may hold over after the expiration of his term until a successor is appointed.
 
7/13/1998George Wandrak, Division of Special Revenue, 1998-010 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether an employee of the Division of Special Revenue (DOSR) may own stock in International Game Technology, Inc. (IGT) in light of the conflict of interest rules contained in Conn. Gen. Stat. |12-561.
 
7/9/1998Honorable James F. Sullivan, Department of Transportation, 1998-009 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter dated June 2, 1998, in which you request our opinion regarding the scope of authority delegated to the State Traffic Commission ("Commission") to establish speed limits on multiple lane, limited access state highways. More specifically, you ask whether or not the Commission has the authority to establish a speed limit above fifty-five (55) miles per hour but less than the sixty-five (65) miles per hour maximum speed limit set forth in Conn. Public Acts No. 98-181, Sec. 1.
 
7/1/1998Kevin P. Johnston and Robert G. Jaekle, Auditors of Public Accounts, 1998-008 Formal Opinion, Attorney General of Connecticut
  You have asked whether the Southeastern Connecticut Regional Resource Recovery Authority (SCRRRA) is subject to your auditing authority as set forth in Conn. Gen. Stat.  2-90.
 
6/9/1998Honorable Joyce A. Thomas, Department of Social Services, 1998-007 Formal Opinion, Attorney General of Connecticut
  In 1995, the Commissioners of the Departments of Social Services and Children and Families requested a legal opinion on their ability to share information about families and children, notwithstanding certain statutory client confidentiality restrictions. Both Commissioners indicated that increased sharing of client-specific information would allow their agencies to fulfill their statutory responsibilities more effectively.
 
5/19/1998Honorable John A. Connelly, Department of Public Safety, 1998-006 Formal Opinion, Attorney General of Connecticut
  Your department requests clarification of a previously issued opinion regarding the question of whether interior designers, practicing within the scope of services described in Conn. Gen. Stat.  20-377k, may submit plans and specifications to a licensed building official for issuance of a building permit for a structure or addition classified in any of the specific groups enumerated in Conn. Gen. Stat.  29-276c. Our advice is sought specifically on the issue of whether a licensed architect or professional engineer is required to seal plans and specifications for work on the structures or additions specified in Conn. Gen. Stat.  29-276c(b), when such plans and specifications are prepared by interior designers.
 
5/19/1998Honorable John A. Connelly, Department of Public Safety, 1998-005 Formal Opinion, Attorney General of Connecticut
  Your department requested our advice on whether individuals or firms providing personal services to the Department of Public Safety, to examine fire damaged electrical systems in order to determine whether such systems caused the fire, must be licensed as private detectives in accordance with Section 29-153 of the Connecticut General Statutes.
 
4/15/1998Honorable Nancy Wyman, Office of the State Comptroller, 1998-004 Formal Opinion, Attorney General of Connecticut
  This is in response to your December 2, 1997 request for an opinion regarding the status of state employee home addresses under the state Freedom of Information Act ("FOI Act" or "Act"), Conn. Gen. Stat.  1-7, et seq. Your primary question is whether the FOI Act requires your agency to notify state employees in response to broad requests for the home addresses of large numbers of employees, such as those of an entire agency staff.
 
3/18/1998John M. Bailey, Esq, Chief State's Attorney, 1998-003 Formal Opinion, Attorney General of Connecticut
  You have asked for my opinion with regard to a question raised by the state auditors on the propriety of an expenditure made by the Criminal Justice Commission. It is my understanding that your request was prompted by a recommendation made by the auditors, who concluded that it appeared that the Division's June 1996 reimbursement of legal fees to a State's Attorney in connection with his reappointment to that position in 1988 may have circumvented the intentions of the General Assembly with respect to the total monies approved for payment to the State's Attorney by the Claims Commissioner.
 
1/20/1998Honorable Aaron Ment, Supreme Court Building, 1998-002 Formal Opinion, Attorney General of Connecticut
  I have reviewed your December 23, 1997 request for our opinion on whether local registrars of voters are required by law to supply the Social Security numbers of voters to the State Jury Administrator to assist the Administrator in the preparation of the master jury list. According to your letter, the legislature mandated the disclosure of this information in Public Act 97-200 as a means to properly and more precisely compile lists of potential jurors.
 
1/12/1998George F. Wandrak, Division of Special Revenue, 1998-001 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion regarding the interpretation of certain provisions of the Memorandum of Understanding (MOU), originally executed April 25, 1994, between the State of Connecticut and the Mohegan Tribe ("Tribe") which permits the Tribe to operate video facsimile games as long as the Tribe contributes to the State a percentage of the revenue generated from those games in accordance with the terms of the MOU. In particular, a dispute has arisen between the Division of Special Revenue ("Division") and the Tribe concerning how to calculate certain payments.