2002 Formal Opinions

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• The Honorable John P. Burke, Department of Banking, 2002-031 Formal Opinion, Attorney General of Connecticut

  I am writing in response to your request for a formal opinion as to whether the Department of Banking ("Department") has the authority to reimburse an electronic service provider for reasonable costs associated with complying with an administrative subpoena, in light of the requirements imposed by the Electronic Communications Privacy Act of 1986, 18 U.S.C. § 2706 ("ECPA") and section 36b-26(b) of the Connecticut Uniform Securities Act ("Act").

• The Honorable Joseph Pellegrino, Supreme Court Building, 2002-001 Formal Opinion, Attorney General of Connecticut

  Your office has asked whether the recent injunction regarding Connecticut's Sexual Offender Registration Act (SORA) issued by the United States District Court of Connecticut, and upheld by the Second Circuit, impedes in any way the implementation of Public Act 01-211, concerning victim notification. That Act requires victim notification of applications for exemption from the Sex Offender Registry or its notification requirements.

• The Honorable Kevin B. Sullivan, State Capitol, 2002-027 Formal Opinion, Attorney General of Connecticut

  You have requested an opinion concerning the validity of certain claims of testimonial privilege asserted by officials of the State Department of Environmental Protection (DEP) subpoenaed to testify at a hearing of the Joint Committee on Labor and Public Employees ("Joint Committee").

• The Honorable Susan Bysiewicz, Office of the Secretary of the State, 2002-026 Formal Opinion, Attorney General of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether your office is "authorized to issue or accept primary petitions of candidates for state and district offices?"1 It is our understanding you are questioning whether you are required to place the name of a candidate for state or district office2 on the Democratic or Republican Party primary ballot based solely on the fact that the candidate has obtained the signatures of a certain percentage of the political party's registered voters within the candidate's district.

• William F. Sudol, Administrator, State Teachers' Retirement Board, 2002-028 Formal Opinion, Attorney General of Connecticut

  You have requested an opinion of this office as to whether a surviving spouse of a Teachers’ Retirement System member can receive the survivor’s benefits provided by Conn. Gen. Stat. § 10-183h(d) when the member’s sole designated beneficiary is a trust to which she was the sole beneficiary until her death.