The Office of the Attorney General William Tong
2001 Formal Opinions
Page 2 of 2
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This is in response to your request for an opinion on whether the Watertown Scholarship Committee is eligible to receive a raffle permit. The central issue is whether this type of committee is an educational or charitable organization as required by Conn. Gen. Stat. §7-172(5).
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I am writing in response to your request for a formal opinion regarding the effect of E-Sign (Public Law 106-229; Electronic Signatures in Global and National Commerce Act) on Connecticut’s electronic records and signatures laws.
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You have requested our opinion on whether or not the provisions of Chapter 250a of the Connecticut General Statutes would prohibit a proposed business joint venture involving the Pilot Corporation ("Pilot") and Marathon Ashland Petroleum ("MAP") from operating a retail service station at the Pilot travel center in Milford, Connecticut.
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This is in response to your letter dated December 4, 2000, in which you request our opinion on whether judicial marshals who transport prisoners in motor vehicles between various facilities within the State of Connecticut are required to have a special operator's license.
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This letter is in response to your request for a formal legal opinion regarding the authority of the Chief Court Administrator, the Honorable Joseph Pellegrino, to eliminate the Connecticut Superior Court’s Geographical Area 16 ("G.A. 16") by closing the G.A. 16 courthouse in West Hartford and expanding the boundaries of G.A. 14 to incorporate all of the towns that are currently in G.A. 16.
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You have asked whether the expenditure of state funds to pay for costs related to the nursing home strike, including the cost of mobilizing the National Guard and the expedited payment to nursing home operators of the cost of replacement workers, would violate any state or federal labor laws.
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Your Department has asked our opinion whether Section 6 of Public Act 00-201 requires that an owner of a residential underground heating oil storage tank system contract with a registered contractor for all work necessary for the removal or replacement of that tank system, and remediation as may be necessary, in order for the Underground Storage Tank Petroleum Clean-Up Account Review Board ("Review Board") to reimburse eligible costs.
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You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
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This letter is in response to your request for a formal opinion concerning the effect of the federal Extradition Act, 18 U.S.C. §3182 et. seq., and the Interstate Transportation of Dangerous Criminals Act of 2000, Pub. L. No. 106-560, 114 Stat. 2784 (2000), on the Department of Public Safety’s ability to enforce the provisions of Chapter 534 of the Connecticut General Statutes. Chapter 534 governs the licensing of private security companies that provide private prisoner transportation services for the State of Connecticut and requires a special permit if the individuals providing such services carry firearms in the course of duty.
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You have asked whether annual legislative approval would be required for legislation allocating unappropriated surplus funds under article third, §18(c) of the Connecticut Constitution.
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You have forwarded questions from members of your staff related to operation "Stand Down." Specifically, you inquire whether the agency is authorized to fund Stand Down when it is possible that individuals may attend who are not "veterans," as defined in state statute. You also inquire about the potential liability of your Department in the event of misconduct by a Stand Down program participant in the form of an assault on another Stand Down participant.
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By letter of June 14, 2000, the Department of Revenue Services ("DRS") requested an opinion from my office as to whether a telephone recording system ("the system"), which the Collections and Enforcement Division ("C&E") of the DRS intends to implement, is in compliance with Conn. Gen. Stat. § 52-570d(a). Your agency also asked several other questions relating to implementation of the system.
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Honorable George Jepsen, State Capitol, 2001-006 Formal Opinion, Attorney General of Connecticut
You have requested an opinion concerning the scope of the Governor’s authority to deploy the National Guard in the context of a nursing home strike at a number of nursing homes across Connecticut. In particular, you ask whether the National Labor Relations Act ("NLRA") would limit state activity that would "tend to favor, by intent or effect, either side in a labor dispute."
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You have requested our advice on whether a creditor of a person licensed as a first mortgage lender can collect on the bond required to be maintained by the licensee pursuant to Conn. Gen. Stat. §36a-492.