The Office of the Attorney General William Tong
2001 Formal Opinions
Page 2 of 2
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You have forwarded questions from members of your staff related to operation "Stand Down." Specifically, you inquire whether the agency is authorized to fund Stand Down when it is possible that individuals may attend who are not "veterans," as defined in state statute. You also inquire about the potential liability of your Department in the event of misconduct by a Stand Down program participant in the form of an assault on another Stand Down participant.
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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.
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As Chairman of the State Marshal Commission you have requested a formal Opinion of the Attorney General as to the following four questions: 1. While the State Marshal Commission has duly appointed all state marshals, none has been “sworn.” Must state marshals be "sworn"? If so, what oath is to be administered and who may administer it? 2. Does a state marshal have "police" or law enforcement powers? If so, what is the scope of such powers? 3. State marshals are referred to in the General Statutes as "peace officers." What powers are conferred upon "peace officers"? Are these the only "police" or law enforcement powers that state marshals possess? 4. Do you have any suggested modifications to the above certificate language?
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You have inquired whether the provisions of Special Act No. 01-7 (S.A. 01-7), and in particular Section 5 of the Special Act, empower the Hartford School Building Committee, created by the Special Act, to hire a school construction or program manager of its choosing, without having to comply with the strictures and mandates of the Hartford City Charter and various municipal ordinances or regulations addressing the purchase of goods and professional services by the city.
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In your letter dated October 9, 2001 you requested an opinion of this office as to whether the State Marshal Commission has the authority to institute a policy and procedure for the service of restraining orders by state marshals.
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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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This letter is in response to your request for a formal opinion concerning the effect of the federal Extradition Act, 18 U.S.C. §3182 et. seq., and the Interstate Transportation of Dangerous Criminals Act of 2000, Pub. L. No. 106-560, 114 Stat. 2784 (2000), on the Department of Public Safety’s ability to enforce the provisions of Chapter 534 of the Connecticut General Statutes. Chapter 534 governs the licensing of private security companies that provide private prisoner transportation services for the State of Connecticut and requires a special permit if the individuals providing such services carry firearms in the course of duty.
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You have asked the extent of the responsibility and potential liability of the Department of Environmental Protection (hereinafter "DEP"), regarding the marking, through signage (beacons) and/or barrier floats, of potentially hazardous state-owned dams. The issue involved affects 15 to 20 sites statewide. This opinion is limited to water retention dams only.
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You have asked whether the Division of Criminal Justice or the Office of Attorney General should represent the State's interests in matters concerning Youth in Crisis ("YIC"), brought under Public Act 00-177.
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You have asked whether the expenditure of state funds to pay for costs related to the nursing home strike, including the cost of mobilizing the National Guard and the expedited payment to nursing home operators of the cost of replacement workers, would violate any state or federal labor laws.
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This letter is in response to your request for a formal legal opinion regarding the authority of the Chief Court Administrator, the Honorable Joseph Pellegrino, to eliminate the Connecticut Superior Court’s Geographical Area 16 ("G.A. 16") by closing the G.A. 16 courthouse in West Hartford and expanding the boundaries of G.A. 14 to incorporate all of the towns that are currently in G.A. 16.
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Senator George Jepsen, State Capitol, 2001-003 Formal Opinion, Attorney General of Connecticut
In response to your request, this is a formal opinion regarding whether advanced practice registered nurses ("APRNs"), licensed nurse-midwives and physician assistants in Connecticut are authorized to dispense, prescribe and administer the drug mifepristone (brand name "Mifeprex", also known as "RU-486") to women in licensed clinics for the purpose of terminating early pregnancies in a non-surgical manner.
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I am writing in response to your request for a formal opinion regarding the effect of E-Sign (Public Law 106-229; Electronic Signatures in Global and National Commerce Act) on Connecticut’s electronic records and signatures laws.