Formal Opinions
Page 33 of 42
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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.
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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.
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This is in response to the letter drafted on your behalf by Commission Counsel Murphy dated May 24, 2002, as amended and supplemented by the letter dated June 14, 2002, in which you request our opinion as to the validity of two recent appointments to vacancies on the Commission on Human Rights and Opportunities (hereinafter CHRO).
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You requested an opinion of this Office as to whether former State Treasurer Paul Silvester had the authority to exempt the Mohegan Tribal Gaming Authority (the "Tribe") from the Second Injury Fund ("the Fund") assessment, required of all state employers pursuant to Conn. Gen. Stat. § 31-354, and to bind the Fund to an apparent agreement for this purpose.
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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").
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You have asked for our opinion regarding the State Marshal Commission’s authority to investigate and, if appropriate, withdraw the appointment of a state marshal for improper conduct engaged in prior to December 1, 2000.
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Senator Sullivan and Jepsen, State Capitol, 2002-021 Formal Opinion, Attorney General of Connecticut
You have asked for an opinion regarding the provision of § 17b-8(a) of the General Statutes, under which the Commissioner of the Department of Social Services ("Commissioner") is required to submit applications for waivers of federal assistance program requirements to the Joint Committee on Appropriations and the Joint Committee on Human Services ("Joint Committees").
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This is in response to your request for an opinion on whether a certain bill, proposed in last year’s legislative session, and which is expected to be proposed again, would conflict with the Tribal/State agreements or Memoranda of Understanding (MOUs) with the Mashantucket Pequot and Mohegan Tribes concerning the operations of the two casinos in Connecticut. The bill would allow businesses to conduct games of chance under certain circumstances.
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This is in response to your question as to whether the Compact between the Mohegan Tribe and the State of Connecticut allows off-track betting and viewing of races from hotel rooms at the Mohegan Sun Casino utilizing hotel telephones and television sets.
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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.
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This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act.
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You have requested a formal opinion of the Attorney General as to "whether a former Deputy Sheriff, former High Sheriff or a State Marshal who resigns from his appointment may continue to collect wage executions they had served while acting in their official capacities."
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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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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.