2006 Formal Opinions

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• Honorable Louis C. DeLuca, Senate Republican Leader, and Honorable George Gunther, Deputy Minority Leader-At-Large, Formal Opinion 2006-006, Attorney General State of Connecticut

  You asked for a formal opinion concerning the Superior Court’s scope of review in an appeal of a municipal commission's decision on an affordable housing application under the Affordable Housing Land Use Appeals Procedure set forth in Conn. Gen. Stat. §8-30g.

• Susan O. Storey, Chief Public Defender, Formal Opinion 2006-024, Attorney General State of Connecticut

  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).

• Honorable James T. Fleming, Commissioner, Department of Public Works, Formal Opinion 2006-012, Attorney General State of Connecticut

  The Tunxis Management Co. (“Tunxis”) and William A. Tomasso, former president of Tunxis, recently pled guilty to federal charges related to the corrupt relationship between William A. Tomasso, and Peter N. Ellef and Lawrence E. Alibozek, chief of staff and deputy chief of staff to former Governor John G. Rowland, that resulted in the selection of Tunxis for state property management contracts.

• Honorable John P. Burke, Department of Banking, Formal Opinion 2006-013, Attorney General State of Connecticut

  You have requested an opinion whether, under Conn. Gen. Stat. § 42-460(a), a Connecticut bank may sell or issue a gift card for which the agreement governing the card provides that the card’s value will not expire and that no inactivity fee is imposed, although the card itself contains an expiration date.

• Honorable Linda J. Yelmini, Department of Administrative Services, Formal Opinion 2006-014, Attorney General State of Connecticut

  By request dated June 23, 2006, you have asked for my opinion as to whether Connecticut General Statutes § 4a-59a(b) allows the Department of Administrative Services (“DAS”) to extend contracts “up to or beyond one year

• Honorable M. Jodi Rell, Governor, State of Connecticut, Formal Opinion 2006-003, Attorney General, State of Connecticut

  I am writing in response to your request that I review the proposal for needy Connecticut citizens to receive heating oil assistance from Citizens Energy through its agreement with CITGO, a major oil refiner in the United States owned by a company controlled by the Venezuelan government.

• Honorable Nancy Wyman, Comptroller, Formal Opinion 2006-004, Attorney General, State of Connecticut

  You have asked for a formal legal opinion concerning the State's options when a pharmacy that is part of the State's network of provider pharmacies refuses to dispense a certain prescription drug to covered members of the State's prescription drug insurance plans.

• Honorable Nancy Wyman, Comptroller, State of Connecticut, Formal Opinion 2006-019, Attorney General, State of Connecticut

  This letter is in response to a request from Karen McDonough, Division Counsel for the Office of the Comptroller’s Retirement and Benefit Services Division, for a legal opinion as to whether the State of Connecticut will recognize a same-sex domestic partnership entered in Seattle, Washington, by a retired Connecticut state employee.

• Honorable Pam Law, Department of Revenue Services, Formal Opinion 2006-018, Attorney General State of Connecticut

  This opinion is in response to your letter dated June 19, 2006, requesting advice as to certain issues relating to the Connecticut estate tax that arise from legislation enacted by the General Assembly in 2005.

• Honorable Robert Genuario, Office of Policy & Management, Formal Opinion 2006-021, Attorney General State of Connecticut

  You have asked whether transfers of surplus State property to municipalities, pursuant to Conn. Gen. Stat. § 3-14b , or pursuant to special or public acts of the Connecticut General Assembly directing the disposition of particular parcels of property, implicate the provisions of the Connecticut Environmental Policy Act

• Honorable Susan B. Bysiewicz, Secretary of the State, 2006-001, Formal Opinion, Attorney General, State of Connecticut

  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?

• Honorable Susan Bysiewicz, Secretary of the State, Formal Opinion 2006-015, Attorney General State of Connecticut

  You ask for our opinion on whether you may issue rulings on two issues that have been presented to you: (1) whether to approve the party designation "Independent Party" proposed by the Independent Party of Waterbury in connection with an anticipated gubernatorial candidacy

• Honorable William J. Lavery, Chief Court Administrator, Formal Opinion 2006-023, Attorney General State of Connecticut

  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.

• Kevin J. Rasch, Esq., Legal Counsel, Formal Opinion 2006-005, Attorney General State of Connecticut

  You have requested an opinion concerning a proposed resolution by the City of New London (“City”) to deal with the issue of the continuing possession of certain properties by their former owners after the properties were taken by eminent domain.

• Honorable Donald E. Williams, Jr., Senate President Pro Tempore, Honorable Martin M. Looney, Senate Majority Leader, Formal Opinion 2006-009, Attorney General State of Connecticut

  You have asked this Office whether Section 32-664(b) of the Connecticut General Statutes preempts the City of Hartford’s Living Wage Ordinance, Ord. No. 17-99, Art. XII, Sec. 2-761-744, as that ordinance may apply to the operations of the Marriott Hartford Downtown Hotel (the “Hotel”).