2006 Formal Opinions

Page 1 of 2

• 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 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”).

• Honorable Edwin R. Rodriguez, Formal Opinion 2006-022, Attorney General, State of Connecticut

  This will acknowledge and reply to your request on behalf of the Department of Consumer Protection (DCP) for amplification of DCP’s authority over apprentices, as expressed in a formal opinion of my Office to the Commissioner of Labor dated November 8, 2005, in light of the provisions of Conn. Gen. Stat. § 20-333.

• Honorable J. Robert Galvin, M.D., MPH, 2006-025 Formal Opinion, Attorney General State of Connecticut

  This is in response to your request for a formal opinion regarding Public Act No. 05-149: An Act Permitting Stem Cell Research and Banning the Cloning of Human Beings.

• Honorable James M. Thomas, Deptarment of Emergency Management and Homeland Security, Formal Opinion 2006-016, Attorney General State of Connecticut

  You have requested our advice on whether volunteers under the Community Emergency Response Team (CERT) are protected under Title 28 of the Connecticut General Statutes during the course of their training for, and participation in, civil preparedness activities.

• Honorable James T. Fleming, Commissioner, Department of Public Works, Formal Opinion 2006-010, Attorney General State of Connecticut

  You have requested an opinion as to whether, in light of the State Properties Review Board’s (the “SPRB”) March 27, 2006 ratification of the November 2, 2005 Purchase and Sale Agreement (the “Agreement”) between the State of Connecticut (the “State”) and the Town of Preston

• 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