The Office of the Attorney General William Tong
1998 Formal Opinions
Page 2 of 2
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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.
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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.