Bill Text: CT HB05264 | 2018 | General Assembly | Comm Sub

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Bill Title: An Act Permitting Businesses To Seek An Opinion Of The Attorney General Regarding State Agency Regulations.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2018-04-18 - Referred by House to Committee on Appropriations [HB05264 Detail]

Download: Connecticut-2018-HB05264-Comm_Sub.html

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General Assembly		Raised Bill No. 5264
February Session, 2018		LCO No. 1670
		*_____HB05264GAE___032618____*
Referred to Committee on GOVERNMENT ADMINISTRATION AND ELECTIONS
Introduced by:
(GAE)

AN ACT PERMITTING BUSINESSES TO SEEK AN OPINION OF THE ATTORNEY GENERAL REGARDING STATE AGENCY REGULATIONS.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 3-125 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):

(a) The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his or her duties and shall perform all the duties of the Attorney General in case of his or her sickness or absence. [He] The Attorney General shall appoint such other assistants as he or she deems necessary, subject to the approval of the Governor. The Attorney General may also appoint not more than four associate attorneys general who will serve at the pleasure of the Attorney General and will be exempt from the classified service.

(b) The Attorney General shall have general supervision over all legal matters in which the state is an interested party, except those legal matters over which prosecuting officers have direction. [He] The Attorney General shall appear for the state, the Governor, the Lieutenant Governor, the Secretary, the Treasurer and the Comptroller, and for all heads of departments and state boards, commissioners, agents, inspectors, committees, auditors, chemists, directors, harbor masters, and institutions and for the State Librarian in all suits and other civil proceedings, except upon criminal recognizances and bail bonds, in which the state is a party or is interested, or in which the official acts and doings of said officers are called in question, and for all members of the state House of Representatives and the state Senate in all suits and other civil proceedings brought against them involving their official acts and doings in the discharge of their duties as legislators, in any court or other tribunal, as the duties of his or her office require; and all such suits shall be conducted by [him] the Attorney General or under [his] the Attorney General's direction. All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his or her direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under the direction of the Attorney General.

(c) When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give [him] the Attorney General reasonable notice of the pendency of such measure, and [he] the Attorney General shall appear and take such action as he or she deems to be for the best interests of the state, and he or she shall represent the public interest in the protection of any gifts, legacies or devises intended for public or charitable purposes. [All legal services required by such officers and boards in matters relating to their official duties shall be performed by the Attorney General or under his direction. All writs, summonses or other processes served upon such officers and legislators shall, forthwith, be transmitted by them to the Attorney General. All suits or other proceedings by such officers shall be brought by the Attorney General or under his direction. He]

(d) The Attorney General shall, when required by either house of the General Assembly or when requested by the president pro tempore of the Senate, the speaker of the House of Representatives, or the majority leader or the minority leader of the Senate or House of Representatives, give his or her opinion upon questions of law submitted to [him] the office of the Attorney General by either of said houses or any of said leaders. [He] The Attorney General shall advise or give his or her opinion to the head of any executive department or any state board or commission upon any question of law submitted to [him. He] the office. The Attorney General shall give an opinion when requested by a business in the state that has a bona fide dispute with a state agency concerning the application of a regulation of such agency. For purposes of this subsection, "agency" and "regulation" have the same meanings as provided in section 4-166. The Attorney General may procure such assistance as he or she may require. The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.

(e) Whenever a trustee, under the provisions of any charitable trust described in section 45a-514, is required by statute to give a bond for the performance of his or her duties as trustee, the Attorney General may cause a petition to be lodged with the probate court of the district in which such trust property is situated, or where any of the trustees reside, for the fixing, accepting and approving of a bond to the state, conditioned for the proper discharge of the duties of such trust, which bond shall be filed in the office of such probate court. [The Attorney General shall prepare a topical and chronological cross-index of all legal opinions issued by the office of the Attorney General and shall, from time to time, update the same.]

This act shall take effect as follows and shall amend the following sections:
Section 1	October 1, 2018	3-125

GAE

Joint Favorable