The Office of Attorney General William Tong
Formal Opinions
Page 36 of 41
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You have requested our advice on whether Mixed Martial Arts (MMA) events can be held in Connecticut under existing boxing laws
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You asked for a legal opinion as to the circumstances under which subsection (b) of section 3 of Public Act 09-214 would require the legislative Finance, Revenue and Bonding Committee and the Appropriations Committee (the Committees) to prepare and vote on adjusted appropriations
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In a letter to our office from your predecessor, our advice is requested on the authority of the codes and standards committee to review the actions of the state building inspector taken pursuant to General Statutes e 29-200.
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We are responding to your request for the opinion of this office as to whether your department is legally authorized to renew an existing special two year general assistance contract with one municipality in light of the facts that the authorization of the original enabling legislation has expired and the most recent session of the General Assembly failed to enact Proposed Bill No. 5301 which would have extended such enabling legislation.
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You have asked for our opinion whether the State Employees Retirement Commission may use retirement fund assets for the purpose of paying overtime to employees
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This is in response to your request for an expedited opinion on the proposal of the Connecticut Lottery Corporation (CLC) to participate in a new multi-state lottery game which, in part, lets players appear on a televised game show to compete and win.
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In response to then Commissioner Joxel Garcia's and Chairman Murphy's requests, this is a formal opinion responding to the following questions: 1) Does "phototherapy" as used in Conn. Gen. Stat. § 20-34, incorporate the use of "laser therapy equipment"?; 2) Does the State Board of Natureopathic Examiners have the authority to expand its scope of practice either with or without the consent of the Commissioner?; 3) Does the Department of Health's use of the 1997 Connecticut Medical Examining Board's "declaratory ruling on use of hair removal" to prohibit a licensed natureopathic physician from employing laser hair removal constitute an unfair restriction of trade?
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This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.
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This letter responds to your request for a formal opinion on two questions that have arisen in connection with Substitute Senate Bill No. 963, "An Act Concerning Civil Unions" (File No. 24), passed by the Senate on April 6, 2005, and soon to be considered by the House of Representatives.
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You have asked several questions about the propriety of a possible transaction between the Department of Public Works ("DPW") and the Eastern Connecticut State University Foundation, Inc. ("Foundation") whereby the DPW would agree via a lease/purchase agreement to purchase the "Foster building" in Willimantic, Connecticut, which was donated by the Foster family to the Foundation on or about December 15, 2000.
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In my opinion, there is no legal distinction between a PSA and a POS, even though the Office of Policy and Management (“OPM”) may choose to establish certain administrative procedures treating these types of agreements differently; they are both valid vehicles for entering into binding State contracts.
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You have asked for an opinion whether non-profit employers’ mutual insurance associations under Conn. Gen. Stat. §§ 31-328 to 31-339 (“Mutual Association Statutes”) are “insurance companies” within the meaning of Conn. Gen. Stat. §12-201(4) and are therefore subject to the Connecticut insurance premium tax, Conn. Gen. Stat. §§12-201 to 12-212a (“Connecticut Premium Tax”).
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You have requested an opinion on the following questions: l. Does legislation which changes the terms and conditions of loan forgiveness programs apply to borrowers who signed promissory notes prior to the enactment of such legislation? 2. If the answer to the first question is in the affirmative, under what circumstances may the terms of the promissory notes be changed; and 3. Which of the changes made in the l986 legislation would apply to pre-l986 borrowers; and 4. For those provisions which do apply, what is the effective date for applying the changed provisions.
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By letter dated January 11, 1993 you ask one question regarding the effect of Art. III, § 18(a), the balanced budget amendment, on deficiency legislation authorized by Conn.Gen.Stat. § 2-36. You also ask four questions on the relationship between the statutory and constitutional spending caps set forth in Public Act 91-3, § 30 and Article III, § 18.
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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.