Sec. 3-124. Election; qualifications; salary; bond. Office of Attorney General full time.
Sec. 3-125. Duties of Attorney General; deputy; assistants; associate attorneys general.
Sec. 3-125a. Certain agreements or stipulations required to be approved by General Assembly.
Sec. 3-126. Protection of interstate watercourses.
Sec. 3-127. Negotiations concerning interstate watercourses.
Sec. 3-128. Signature machines.
Sec. 3-129a. Suppression of criminally operated corporations.
Sec. 3-129b. Suppression of criminally operated businesses other than corporations.
Sec. 3-129c. Actions re imposition of income tax on state residents by New York City.
Sec. 3-129d. Action to enforce the provisions of the No Child Left Behind Act.
Sec. 3-129h. Agreements concerning state-wide opioid claim.
Sec. 3-130. Proceedings to obtain reasonable transportation rates.
Sec. 3-124. Election; qualifications; salary; bond. Office of Attorney General full time. (a) There shall be an Attorney General to be elected in the same manner as other state officers in accordance with the provisions of section 9-181. The Attorney General shall (1) be an elector of this state, (2) be a member in good standing of the bar of this state, and (3) have engaged in the practice of law in this state for at least ten years, either consecutively or nonconsecutively.
(b) The office of the Attorney General shall be at the Capitol. On and after January 4, 2023, the Attorney General shall receive an annual salary equal to the annual salary of a judge of the Superior Court under subsection (a) of section 51-47, provided thereafter, no increase in the annual salary of the Attorney General shall take effect until the first Wednesday following the first Monday of the January succeeding the next election of the Attorney General following any increase in the annual salary of a judge of the Superior Court under section 51-47. The Attorney General shall devote full time to the duties of the office and shall give bond in the sum of ten thousand dollars.
(1949 Rev., S. 211, 3586, subs. (6); 1951, S. 1960d, subs. (6); 1953, June, 1955, S. 71d; February, 1965, P.A. 331, S. 44; 1972, P.A. 281, S. 38; P.A. 77-576, S. 56, 65; P.A. 82-365, S. 7, 8; P.A. 86-375, S. 6, 9; P.A. 98-227, S. 6, 9; P.A. 00-231, S. 5, 10; P.A. 22-85, S. 7; P.A. 23-204, S. 202.)
History: 1965 act increased salary from $12,500 to $20,000 effective with respect to attorney general elected November 8, 1966; 1972 act increased salary to $30,000, effective January 8, 1975; P.A. 77-576 increased attorney general's salary to $38,500, effective January 1, 1979; P.A. 82-365 increased attorney general's annual salary to $50,000 and added provision requiring attorney general to devote full time to duties of office; P.A. 86-375 increased attorney general's annual salary to $60,000; P.A. 98-227 increased Attorney General's annual salary to $75,000, effective January 6, 1999; P.A. 00-231 increased Attorney General's salary to $110,000 and made technical changes for the purposes of gender neutrality, effective January 8, 2003; P.A. 22-85 replaced salary of $110,000 with equivalent salary of Superior Court judge on and after January 4, 2023, and added provision re effective date of subsequent increases, effective January 1, 2023; P.A. 23-204 designated existing provisions as Subsecs. (a) and (b) and amended Subsec. (a) to designate existing provision re elector as Subdiv. (1), delete provision re attorney at law of at least 10 years' active practice at state bar and add Subdiv. (2) re good standing of state bar and Subdiv. (3) re consecutive or nonconsecutive practice of law in state, effective June 12, 2023.
See Sec. 4-14 re transportation allowance.
See Sec. 9-1 for definition of “elector”.
See Sec. 9-213 re procedure for filling vacancy in office of Attorney General.
“Attorney at law of at least ten years' active practice at the bar of the state” means that the attorney must have regularly engaged in the practice of law as a primary means of earning a livelihood for at least ten years, have some experience litigating cases in court, and that he or she represented clients; in carrying out Secretary of the State's duties under Sec. 9-4, Secretary was executing public policies of the state but was not engaged in the active practice of law; although section sets stricter qualifications for Attorney General than those listed in the Connecticut Constitution, section is not unconstitutional. 298 C. 748.
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Sec. 3-125. Duties of Attorney General; deputy; assistants; associate attorneys general. The Attorney General shall appoint a deputy, who shall be sworn to the faithful discharge of his duties and shall perform all the duties of the Attorney General in case of his sickness or absence. He shall appoint such other assistants as he 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. 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 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 and the Connecticut Pilot Commission 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 office require; and all such suits shall be conducted by him or under his direction. When any measure affecting the State Treasury is pending before any committee of the General Assembly, such committee shall give him reasonable notice of the pendency of such measure, and he shall appear and take such action as he deems to be for the best interests of the state, and he 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 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 opinion upon questions of law submitted to him by either of said houses or any of said leaders. He shall advise or give his opinion to the head of any executive department or any state board or commission upon any question of law submitted to him. He may procure such assistance as he may require. 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 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.
(1949 Rev., S. 212; 1971, P.A. 829; P.A. 76-291; P.A. 83-464, S. 4, 5; 83-548, S. 1, 3; P.A. 84-546, S. 153, 173; P.A. 88-312; P.A. 00-99, S. 19, 154; P.A. 21-179, S. 5.)
History: 1971 act required attorney general to issue and update cross-index of legal opinions; P.A. 76-291 required attorney general to represent general assembly members in proceedings brought against them concerning their official acts as legislators; P.A. 83-464 provided the attorney general shall appear for the high sheriffs or their chief deputies except in matters for which they are insured or required to be insured by statute; P.A. 83-548 added provision re appointment of four associate attorneys general; P.A. 84-546 made technical change, referring to divisions of general assembly as “houses” rather than “branches”; P.A. 88-312 required attorney general to give an opinion on questions of law when requested by president pro tempore of senate, speaker of house of representatives or majority or minority leader of senate or house; P.A. 00-99 deleted references to high sheriffs or their chief deputies, effective December 1, 2000; P.A. 21-179 added “and the Connecticut Pilot Commission”, effective July 12, 2021.
Cited. 98 C. 112. Scope of duties in enforcing charitable gifts. 102 C. 422. In case of public charitable trust, Attorney General or trustees, and not beneficiaries, are proper parties to appeal from acceptance of final account of administrator. 106 C. 591. Cited. 115 C. 560. In suit to terminate private trust, joinder of Attorney General as defendant is not adequate representation of unborn parties in interest. 125 C. 649. Cited. 133 C. 91. Assistants appointed under section are to assist Attorney General in performance of general duties. Id., 342. Failure of trustees to apply standard of public interest provided by testatrix was an abuse of discretion. 139 C. 612. Attorney General properly a party in action to terminate testamentary trust and to substitute compromise agreement as charitable bequests were involved. 145 C. 634. Cited. 151 C. 517; 152 C. 591; 154 C. 683. Attorney General represents public interest in protecting charitable dispositions and was proper party defendant where educational trust was challenged. 157 C. 265. Cited. 158 C. 439. Failure to join Attorney General in action for declaratory judgment concerning charitable funds is jurisdictional defect. 160 C. 557. Cited. 161 C. 312; 164 C. 548; 166 C. 21. An Attorney General's opinion, previously rendered on a question of law, which has now come before the court, is entitled to careful consideration and generally regarded as highly persuasive, but is not binding. Id., 113. Attorney General must, under section, represent the public interest as a necessary party in any litigation involving a public trust. 172 C. 496. Cited. 174 C. 308; 179 C. 62; Id., 198; 187 C. 109; 217 C. 404; 234 C. 539; 243 C. 1.
Cited. 41 CA 790; 43 CA 365.
Attorney General properly a party in an action seeking injunction against demolition of memorial bridges built with charitable gifts. 16 CS 229. Cited. 17 CS 320. Attorney General may file motion for contempt for failure to obey a court order for support of children and motion for order increasing amount where state has paid substantial sums in aid to dependent children. 19 CS 214. Cited. 26 CS 384. Attorney General is representative of public interest in protection of trusts for charitable uses. Id., 394. Cited. 27 CS 484; 28 CS 244; Id., 469; 30 CS 87; 37 CS 50; 39 CS 80; 40 CS 116.
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Sec. 3-125a. Certain agreements or stipulations required to be approved by General Assembly. (a) Notwithstanding the provisions of subsection (m) of section 4-160, the Attorney General shall not enter into any agreement or stipulation in connection with a lawsuit to which the state is a party that contains any provision which requires an expenditure from the General Fund budget in an amount in excess of two million five hundred thousand dollars over the term of the agreement or stipulation, unless the General Assembly, by resolution, accepts the terms of such provision. The General Assembly may reject such provision by a three-fifths vote of each house. Such provision shall be deemed approved if the General Assembly fails to vote to approve or reject such provision within thirty days of the date of submittal pursuant to subsection (b) of this section.
(b) Each such agreement or stipulation shall be submitted to the General Assembly by the Attorney General and shall be referred to the committees of cognizance which shall report thereon by resolution.
(June Sp. Sess. P.A. 91-3, S. 165, 168; P.A. 98-76, S. 2; P.A. 21-91, S. 7.)
History: June Sp. Sess. P.A. 91-3, S. 165 effective June 1, 1992; P.A. 98-76 amended Subsec. (a) to make a technical change in a statutory reference; P.A. 21-91 amended Subsec. (a) to replace reference to Sec. 4-160(h) with reference to Sec. 4-160(m), effective June 28, 2021.
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Sec. 3-125b. Delegation of labor relations matters to the Secretary of the Office of Policy and Management. The Attorney General may delegate to the Secretary of the Office of Policy and Management the authority to appoint an attorney employed by said office to represent the state of Connecticut in matters relating to certain appeals to the Superior Court from an arbitration, decision or determination or any other labor relations issue involving the Office of Labor Relations. The Attorney General may enter into a memorandum of understanding with the Secretary of the Office of Policy and Management which shall list the types of appeals which are the subject of such delegation.
(May Sp. Sess. P.A. 04-2, S. 101.)
History: May Sp. Sess. P.A. 04-2 effective May 12, 2004.
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Sec. 3-126. Protection of interstate watercourses. The Attorney General is authorized to investigate and, with the approval of the Governor, to take such action as is deemed necessary to protect the state from damage by diversion or other interference with water from streams without the state which enter or are tributary to streams flowing within the state. Any expenses incurred by the Attorney General in instituting or maintaining proceedings incident to such action shall be paid from the Treasury on the approval of the Comptroller.
(1949 Rev., S. 214.)
Contract between Connecticut and New York water companies to construct reservoir spanning state line not evasion of section. 145 C. 526.
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Sec. 3-127. Negotiations concerning interstate watercourses. The Attorney General is authorized, with the approval of the Governor, to negotiate and contract, in the name of the state, with any commission appointed by another state, or with any authorized agent thereof, concerning the use, allocation or diversion of any waters from streams or tributaries without the state of streams which in their natural course flow through, into or across the state.
(1949 Rev., S. 215.)
Contract between Connecticut and New York water companies to construct reservoir spanning state line not evasion of section. 145 C. 526.
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Sec. 3-128. Signature machines. The Attorney General may authorize the use of a signature machine by any officer or department of the state for the purpose of attaching signatures to any warrant, order or check in connection with the disbursement of money on behalf of the state.
(1949 Rev., S. 216; P.A. 10-32, S. 5.)
History: P.A. 10-32 made a technical change, effective May 10, 2010.
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Sec. 3-129. To proceed against healing arts practitioners accused of obtaining licenses through misrepresentation. The Attorney General may, upon his own motion or upon the sworn complaint of any two electors within the county in which any person holding a certificate of registration to practice any of the healing arts resides, prefer charges to the superior court of such county against such person, alleging that he procured such certificate through fraud, and said court shall, within fourteen days thereafter, summon such person to appear before it at a given time and place to show cause why his certificate of registration should not be revoked. Such summons may be served by any proper officer by leaving a copy thereof with the accused or at his usual place of abode at least six days before the same is returnable. If such court, upon hearing, finds such charges to be sustained, it shall certify such finding to the Commissioner of Public Health, who shall thereupon revoke such certificate. The procedure authorized in this section shall be in addition to any procedure authorized by any other statutory provision.
(1949 Rev., S. 217; 1957, P.A. 13, S. 2; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 substituted commissioner of health services for commissioner of health, effective January 1, 1979; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner of Public Health and Addiction Services with Commissioner of Public Health, effective July 1, 1995.
Public is protected even though the state department of health or the examining board fails or refuses to act properly. 15 CS 468.
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Sec. 3-129a. Suppression of criminally operated corporations. (a) The Attorney General is authorized to institute civil proceedings in the Superior Court to forfeit the charter of any corporation organized under the laws of this state and to revoke the certificate of authority of any foreign corporation to carry on business in this state, when: (1) Any of the corporation officers or any other person controlling the management or operation of such corporation, with the knowledge of the president and a majority of the board of directors or under such circumstances that the president and a majority of the directors should have knowledge, is a person engaged in organized gambling, organized traffic in narcotics, organized extortion, organized bribery, organized embezzlement or organized prostitution, or who is connected directly or indirectly with organizations, syndicates or criminal societies engaging in such; or (2) a director, officer, employee, agent or stockholder acting for, through or on behalf of such corporation has, in conducting the corporation's affairs, purposely engaged in a persistent course of gambling, unlawful traffic in narcotics, extortion, embezzlement, intimidation and coercion, bribery, prostitution, or other such criminal conduct with the knowledge of the president and a majority of the board of directors or under such circumstances that the president and a majority of the directors should have such knowledge, with the intent to compel or induce other persons, firms or corporations to deal with such corporation or to engage in any such criminal conduct; and (3) for the prevention of future illegal conduct of the same character, the public interest requires the charter of the corporation to be forfeited and the corporation to be dissolved or the certificate of authority to be revoked.
(b) The proceedings authorized by subsection (a) of this section may be instituted against a corporation in the superior court for any county in which it is doing business and the proceedings shall be conducted in accordance with the rules of civil procedure and the applicable rules of court. Such proceedings shall be deemed additional to any other proceeding authorized by law for the purpose of forfeiting the charter of a corporation or revoking the certificate of authority of a foreign corporation.
(1971, P.A. 308, S. 1, 3 (a).)
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Sec. 3-129b. Suppression of criminally operated businesses other than corporations. (a) The Attorney General is authorized to institute civil proceedings in the Superior Court to enjoin the operation of any business other than a corporation, including a partnership, limited partnership, unincorporated association, joint venture or sole proprietorship, when: (1) Any person in control of any such business, who may be a partner in a partnership, a participant in a joint venture, the owner of a sole proprietorship, an employee or agent of any such business, or a person who, in fact, exercises control over the operations of any such business, has, in conducting its business affairs, purposely engaged in a persistent course of gambling, unlawful traffic in narcotics, extortion, embezzlement, intimidation, bribery, prostitution, or other such illegal conduct with the intent to compel or induce other persons, firms or corporations to deal with such business or engage in any such illegal conduct, and (2) for the prevention of future illegal conduct of the same character, the public interest requires the operation of the business to be enjoined.
(b) The proceedings authorized by subsection (a) of this section may be instituted against a business other than a corporation in the superior court for any judicial district in which it is doing business and the proceedings shall be conducted in accordance with rules of civil procedure and the applicable rules of court.
(1971, P.A. 308, S. 2, 3 (b); P.A. 78-280, S. 2, 127.)
History: P.A. 78-280 deleted reference to county.
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Sec. 3-129c. Actions re imposition of income tax on state residents by New York City. The Attorney General may bring an action, or intervene in an action, including a class action, as attorney for any persons residing in this state, or in the name of the state as parens patriae for persons residing in this state, with respect to the imposition of the New York City personal income tax on individuals who are residents of the state of Connecticut who earn income in New York City, which tax is not imposed on individuals who are residents of the state of New York who do not reside in New York City.
(P.A. 99-215, S. 28, 29.)
History: P.A. 99-215 effective June 29, 1999.
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Sec. 3-129d. Action to enforce the provisions of the No Child Left Behind Act. The Attorney General may bring an action in a court of competent jurisdiction on behalf of the General Assembly and the state of Connecticut against the federal government to enforce the provisions of the No Child Left Behind Act, P.L. 107-110, as may be amended from time to time.
(June Sp. Sess. P.A. 05-2, S. 1.)
History: June Sp. Sess. P.A. 05-2 effective July 1, 2005.
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Sec. 3-129e. Definitions. Action to enforce provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act. Subpoena by Attorney General. (a) As used in this section:
(1) “Affiliate” has the same meaning as provided in 12 USC 5481, as amended from time to time;
(2) “Bank” has the same meaning as provided in section 36a-2, and includes any affiliate thereof that is described in 12 USC 5481(6)(B), as amended from time to time;
(3) “Commissioner” has the same meaning as provided in section 36a-2, and shall not include any other state's banking regulatory authority;
(4) “Confidential material” means documentary material, responses to interrogatories or written transcripts of oral testimony, or copies thereof, or other information produced pursuant to a subpoena issued under subsection (c) of this section;
(5) “Documentary material” includes, but is not limited to, any information in a written, recorded or electronic form;
(6) “Federal savings association” has the same meaning as provided in 12 USC 1462, as amended from time to time;
(7) “Freedom of Information Act” has the same meaning as provided in section 1-200;
(8) “National bank” has the same meaning as provided in 12 USC 25b, as amended from time to time;
(9) “Out-of-state bank” has the same meaning as provided in section 36a-2, and includes any affiliate thereof that is described in 12 USC 5481(6)(B), as amended from time to time;
(10) “Person” means an individual, a corporation, a limited liability company, a partnership, a limited partnership, a limited liability partnership, an association, a joint-stock company, an unincorporated organization or any other legal entity; and
(11) “Primary supervisory agency” means the primary state or federal chartering agency of a bank or out-of-state bank.
(b) The Attorney General may bring a civil action in any court of competent jurisdiction to enforce any provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time, that a state attorney general is authorized by said act to enforce and to seek any relief that a state attorney general is authorized by said act to seek.
(c) (1) (A) Whenever during the course of an investigation the Attorney General has a good faith reason to believe that any person has violated any provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time, that a state attorney general is authorized by said act to enforce, within this state, the Attorney General may, prior to instituting any action or proceeding against such person, issue in writing and cause to be served upon any person in or outside the state, by subpoena or subpoena duces tecum, a demand requiring such person to (i) submit to the Attorney General any documentary material, (ii) appear before the Attorney General and give testimony in or outside the state, or (iii) respond to written interrogatories. Any such demand shall be limited to information relevant to the scope of the alleged violation.
(B) (i) For any subpoena the Attorney General intends to issue under this subsection to any person within the jurisdiction of the commissioner or against whom the commissioner is authorized to take an enforcement action, the Attorney General shall, allowing for as much time in advance of the issuance of such subpoena as practicable under the circumstances, coordinate with the commissioner and submit to the commissioner a draft of such subpoena.
(ii) The commissioner shall, not later than ten business days after receiving such draft subpoena, approve such draft subpoena or request an opportunity to meet and confer with the Attorney General regarding any material concern about such draft subpoena which is related to an examination, investigation, administrative proceeding or supervisory or regulatory matter within the commissioner's authority. If the commissioner approves such draft subpoena, or, after ten business days, the commissioner does not approve such draft subpoena or request an opportunity to meet and confer with the Attorney General, the Attorney General may issue such subpoena in accordance with this subsection. If the commissioner requests, not later than ten business days after receiving such draft subpoena, an opportunity to meet and confer with the Attorney General, the commissioner and the Attorney General, or their designees, shall meet and confer not later than five business days after the Attorney General receives such request. The Attorney General and the commissioner shall make their best efforts to address such material concern and reach an agreement regarding such draft subpoena and shall not unreasonably withhold such agreement.
(iii) The Attorney General shall, in the case of exigent circumstances, submit to the commissioner such draft subpoena and a written description of such exigent circumstances. The commissioner shall, not later than two business days after receiving such draft subpoena, approve such draft subpoena or request an opportunity to meet and confer with the Attorney General regarding any material concern about such draft subpoena which is related to an examination, investigation, administrative proceeding or supervisory or regulatory matter within the commissioner's authority. If the commissioner approves such draft subpoena, or, after two business days, the commissioner does not approve such draft subpoena or request an opportunity to meet and confer with the Attorney General, the Attorney General may issue such subpoena in accordance with this subsection. If the commissioner requests, not later than two business days after receiving such draft subpoena, an opportunity to meet and confer with the Attorney General, the commissioner and the Attorney General, or their designees, shall meet and confer not later than two business days after the Attorney General receives such request. The Attorney General and the commissioner shall make their best efforts to address such material concern and reach an agreement regarding such draft subpoena and shall not unreasonably withhold such agreement.
(C) Notwithstanding subparagraph (B) of this subdivision, for any subpoena issued under this subsection to a bank or out-of-state bank, or an officer, director or employee of such bank or out-of-state bank, the Attorney General shall, not less than ten business days prior to issuing such subpoena, provide a draft of such subpoena to the primary supervisory agency of such bank or out-of-state bank. If, upon reviewing such draft subpoena, the primary supervisory agency identifies a material concern related to an examination, investigation, administrative proceeding or supervisory or regulatory matter within the primary supervisory agency's authority, the primary supervisory agency may, not later than ten business days after receiving such draft subpoena, request an opportunity to meet and confer with the Attorney General. If the primary supervisory agency makes such request, the Attorney General, or the Attorney General's designee, shall make the Attorney General, or the Attorney General's designee, available to meet and confer with the primary supervisory agency not later than ten business days after the primary supervisory agency makes such request.
(D) (i) For any subpoena issued under this subsection to a bank or out-of-state bank, the Attorney General shall request, promptly after any such subpoena is served, to confer in good faith with such bank or out-of-state bank about the matters for examination set forth in such subpoena.
(ii) Except as provided in subparagraph (D)(iii) of this subdivision, when the Attorney General issues a subpoena ad testificandum under this subsection to a bank, out-of-state bank or high-ranking official of a bank or out-of-state bank, such bank, out-of-state bank or high-ranking official may designate one or more officers, directors, managing agents or other individuals who consent to testify on behalf of such bank, out-of-state bank or high-ranking official, and may determine the matters on which each such individual shall testify. The individuals designated by such bank, out-of-state bank or high-ranking official shall testify about information known or reasonably available to such bank, out-of-state bank or high-ranking official.
(iii) If the Attorney General believes in good faith that a high-ranking official of a bank or out-of-state bank that is served with a subpoena under this subsection has unique, direct knowledge about a violation of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time, and that the information sought by such subpoena could not be obtained through other, less burdensome or intrusive means, such high-ranking official shall testify pursuant to such subpoena.
(iv) In any such subpoena issued under this subsection to a bank or out-of-state bank, the Attorney General shall, in addition to satisfying any applicable requirements of subdivision (2) of this subsection, describe with reasonable particularity the matters for examination pursuant to such subpoena and advise the bank or out-of-state bank of such bank's or out-of-state bank's duty pursuant to this subparagraph to confer with the Attorney General and to designate individuals who shall testify.
(v) The provisions of this subparagraph shall not preclude any other procedure allowed under this subsection.
(2) Any subpoena for documentary material issued under this subsection shall (A) state the nature of the alleged violation, (B) describe the class or classes of documentary material to be produced thereunder with such definiteness and certainty as to be accurately defined, and (C) prescribe a date that would allow a reasonable time to respond. All testimony taken in accordance with subparagraph (A)(ii) of subdivision (1) of this subsection shall be under oath and a written transcript shall be made of the same, a copy of which shall be furnished to the individual appearing, and shall not be available for public disclosure. All written interrogatories shall prescribe a return date that would allow a reasonable time to respond, which responses shall be under oath and not be available for public disclosure. No subpoena issued under this subsection shall require the submission of that portion of any documentary material, testimony or responses to interrogatories that would be privileged or precluded from disclosure if demanded in a grand jury investigation.
(3) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition and written interrogatories, as provided in this subsection, may be made (A) by any proper officer by personal service or service at the usual place of abode, or (B) if service cannot with reasonable diligence be effected under subparagraph (A) of this subdivision, by any proper officer or other person lawfully empowered to make service by registered or certified mail, return receipt requested, a duly executed copy thereof addressed to the person to be served at such person's principal place of business in this state or at the place of such person's registered agent in this state, or, if such person has no principal place of business in this state or registered agent in this state, at such person's principal office or such person's usual place of abode.
(4) All documentary material and responses to interrogatories furnished to, and all transcripts of testimony taken by, the Attorney General pursuant to a subpoena issued under this subsection or voluntarily, and all information obtained, collected or prepared in connection with an investigation conducted pursuant to this subsection, including the identity of the person furnishing such documentary material, responses or transcripts, shall be held in the custody of the Attorney General, and shall not be available to the public or be subject to inspection or disclosure under the Freedom of Information Act. Any documentary material furnished to the Attorney General shall be returned to the person that furnished such documentary material, or erased if such documentary material was furnished in electronic format, upon the termination of the Attorney General's investigation or final determination of any action or proceeding commenced thereunder. Except as prohibited by applicable court order, nothing in this subsection shall prohibit a person upon whom a subpoena has been served from disclosing the existence of such subpoena or any information such person furnishes in response to such subpoena.
(5) Notwithstanding the prohibition against public disclosure of documentary material and other information provided in this subsection, any confidential material may be used by the Attorney General in connection with the taking of oral testimony conducted pursuant to this subsection when (A) the Attorney General reasonably determines that it is necessary to disclose such confidential material to a person providing oral testimony in order to adduce evidence of a suspected violation of a provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time, that a state attorney general is authorized by said act to enforce, and (B) the Attorney General believes in good faith that the person providing any such oral testimony (i) is an author or recipient of such confidential material, (ii) has read such confidential material, or (iii) is otherwise aware of the substance of such confidential material. No copy or original of the confidential material described or shown to a person providing oral testimony pursuant to this subsection shall be retained by such person.
(6) The Attorney General may, without waiving any privilege, disclose any confidential material for any appropriate supervisory, governmental, law enforcement or other public purpose, including, but not limited to, a civil action brought pursuant to subsection (b) of this section, and may cooperate with officials of the federal government, the state and other states by, among other things, sharing and disclosing information and evidence obtained pursuant to a subpoena issued under this subsection. No such disclosure or sharing shall be made unless (A) the Attorney General determines that such disclosure or sharing may be made in compliance with any applicable state or federal laws, regulations or rules of civil procedure that govern the right of such officials of the federal government, the state and other states to access such information and evidence, and (B) such disclosure or sharing is made under safeguards designed to prevent further dissemination of such confidential material. In any proceeding before a court, the court may issue a protective order in appropriate circumstances to protect the confidentiality of any such confidential material and order that any such confidential material on file with the court or filed in connection with the court proceeding be sealed, and that the public be excluded from any portion of the proceeding at which any such confidential material is disclosed.
(7) In the event any person refuses to comply with, or otherwise fails to comply with, a subpoena served in accordance with the provisions of this subsection, the Attorney General may apply to the superior court for the judicial district where such person resides or maintains an office or, if such person does not reside or maintain an office in the state, the superior court for the judicial district of Hartford for an order (A) compelling such person to comply with such subpoena, which court may, upon notice to such person, issue such order, which shall be served upon such person, and (B) requiring such person to pay to the state a civil penalty in an amount not to exceed ten thousand dollars, which court may, after notice to such person and a hearing thereon, issue such order.
(8) (A) For any subpoena issued under this subsection, the person upon whom service of such subpoena was made may file, not later than ten business days after such subpoena is served, a motion to quash such subpoena in the superior court for the judicial district where such person resides or maintains an office or, if such person does not reside or maintain an office in the state, the superior court for the judicial district of Hartford. Notwithstanding any provision of the general statutes, no fees or costs shall be assessed for the filing of such motion. The person filing the motion to quash shall be designated as the plaintiff and the Attorney General shall be designated as the defendant. Such motion to quash shall be expeditiously assigned and heard by the court. The date and time of such hearing shall be established by the court. The court shall give notice to the parties of such hearing.
(B) Upon the filing of such motion to quash, any party to the proceeding regarding such motion to quash may, as provided by law, file a motion to seal or limit the disclosure of files, affidavits, documents or other materials on file or lodged with the court or in connection with a court proceeding. The court shall, as provided by law, hold a hearing on such motion.
(C) The court may quash or modify any subpoena issued pursuant to this subsection for any just cause, including, but not limited to, the following grounds: (i) The information sought by such subpoena is plainly irrelevant to the Attorney General's investigation; (ii) the information sought by such subpoena is protected by the attorney-client privilege or a statutory or constitutional privilege; (iii) the production of property sought by such subpoena would be unreasonable or oppressive; or (iv) the property sought by such subpoena constitutes attorney work product.
(9) Notwithstanding any provision of this subsection, the Attorney General shall not exercise visitorial powers, including, but not limited to, by issuing a subpoena under this subsection, with respect to a national bank or federal savings association except in a manner consistent with federal law, including, but not limited to, 12 USC 25b(i), as amended from time to time.
(d) Nothing in this section shall be construed to limit the authority of the commissioner to enforce the Dodd-Frank Wall Street Reform and Consumer Protection Act, P.L. 111-203, as amended from time to time, or any other state or federal law or regulation.
(P.A. 11-119, S. 1; P.A. 24-75, S. 1.)
History: P.A. 11-119 effective July 1, 2011; P.A. 24-75 added Subsec. (a) to define “affiliate”, “bank”, “commissioner”, “confidential material”, “documentary material”, “federal savings association”, “Freedom of Information Act”, “national bank”, “out-of-state bank”, “person” and “primary supervisory agency”, redesignated existing provisions re bringing a civil action as Subsec. (b), made a technical change and added “as amended from time to time,” in same, added Subsec. (c) re Attorney General power to issue subpoena during investigation when person has violated the Dodd-Frank Wall Street Reform and Consumer Protection Act and added Subsec. (d) re provisions of the section not being construed to limit certain enforcement authority of commissioner.
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Sec. 3-129f. Investigation of allegations of intimidation based on bigotry or bias. Attorney General's authority to bring an action in the name of the state related to investigation. (a) The Attorney General may investigate the facts and circumstances concerning any alleged violation of section 53a-181j, 53a-181k or 53a-181l, and in connection with such investigation, issue subpoenas and written interrogatories in the same manner and to the same extent as is provided in section 35-42. No information obtained pursuant to the provisions of this subsection may be used in a criminal proceeding.
(b) If the Attorney General finds that a person has committed an act that constitutes a violation of section 53a-181j, 53a-181k or 53a-181l, the Attorney General may bring a civil action in the superior court for the judicial district in which such act occurred in the name of the state against such person.
(c) In any such action, the Attorney General may obtain, for the benefit of a person adversely affected by a violation of section 53a-181j, 53a-181k or 53a-181l, any relief to which such person may be entitled by law, including treble damages; a civil penalty not to exceed two thousand five hundred dollars, per violation, provided such violation has been established by clear and convincing evidence; and declaratory, injunctive or equitable relief that the Attorney General determines is necessary to vindicate the public's interests. Any civil penalty that is received pursuant to this subsection shall be deposited in the General Fund.
(d) Nothing in this section shall limit the right of a person adversely affected by a violation of section 53a-181j, 53a-181k or 53a-181l to bring an action under section 52-571c or any other law that may entitle such person to relief, except that the Attorney General shall not bring an action under the provisions of this section during the pendency of a matter involving the same parties and the same alleged facts and circumstances before the Commission on Human Rights and Opportunities.
(e) Nothing in this section shall permit the Attorney General to assert any claim against a state agency or a state officer or state employee in such officer's or employee's official capacity, regarding actions or omissions of such state agency, state officer or state employee. If the Attorney General determines that a state officer or state employee is not entitled to indemnification under section 5-141d, the Attorney General may, as it relates to such officer or employee, take any action authorized under this section.
(P.A. 21-128, S. 1; P.A. 22-37, S. 1.)
History: P.A. 21-128 effective July 1, 2021; P.A. 22-37 made a technical change in Subsec. (e).
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Sec. 3-129g. Deprivation of, or interference with, rights, privileges and immunities secured by state and federal law. Attorney General's authority to investigate, intervene in or bring an action in the name of the state. (a) The Attorney General may investigate, intervene in or bring a civil or administrative action in the name of the state, seeking injunctive or declaratory relief, damages, and any other relief that may be available under law, whenever any person is or has engaged in a practice or pattern of conduct that:
(1) Subjects, or causes to be subjected, other persons to the deprivation of any rights, privileges or immunities secured by the constitutions or laws of this state or the United States; or
(2) Interferes, or attempts to interfere, by threats, intimidation or coercion, with the exercise or enjoyment by other persons of any rights, privileges or immunities secured by the constitutions or laws of this state or the United States.
(b) In conducting any investigation under this section, the Attorney General may issue subpoenas and interrogatories, and otherwise gather information, in the same manner and to the same extent as is provided in section 35-42. No information obtained pursuant to the provisions of this subsection may be used in a criminal proceeding.
(c) If the Attorney General prevails in a civil action brought pursuant to this section, the court shall order the distribution of any award of damages to the injured person. In a matter involving the interference or attempted interference with any right protected by the constitutions of this state or the United States, the court may also award civil penalties against each defendant in an amount not exceeding two thousand five hundred dollars for each violation, provided such violation has been established by clear and convincing evidence. Any civil penalty that is received pursuant to this subsection shall be deposited in the General Fund.
(d) In lieu of bringing a civil action under this section, the Attorney General may accept an assurance of the discontinuance of any allegedly unlawful or unconstitutional practice from any person engaged in such practice. Thereafter, any evidence of a violation of such assurance shall constitute prima facie proof of violation of the applicable law or right in any action commenced by the Attorney General.
(e) Nothing in this section shall limit the right of a person adversely affected by a violation of chapter 814c to file a complaint with the Commission on Human Rights and Opportunities.
(f) Nothing in this section shall limit the jurisdiction of the Commission on Human Rights and Opportunities under chapter 814c.
(g) The Attorney General shall not bring an action under the provisions of this section during the pendency of a matter involving the same parties and the same alleged facts and circumstances before the Commission on Human Rights and Opportunities.
(h) Nothing in this section shall permit the Attorney General to bring an action that would otherwise be barred under the applicable statute of limitations or repose.
(i) The Attorney General shall post on the Attorney General's Internet web site information on how to properly file a complaint with the Commission on Human Rights and Opportunities. The Attorney General may, as appropriate, refer cases to the Commission on Human Rights and Opportunities.
(j) Nothing in this section shall permit the Attorney General to assert any claim against a state agency or a state officer or state employee in such officer's or employee's official capacity, regarding actions or omissions of such state agency, state officer or state employee. If the Attorney General determines that a state officer or state employee is not entitled to indemnification under section 5-141d, the Attorney General may, as relates to such officer or employee, take any action authorized under this section.
(P.A. 21-128, S. 2.)
History: P.A. 21-128 effective July 1, 2021.
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Sec. 3-129h. Agreements concerning state-wide opioid claim. (a) The Attorney General may, pursuant to the Attorney General's authority under section 3-125, enter into any agreement concerning any state-wide opioid claim, including an agreement to compromise, release, waive or otherwise settle such claim, on behalf of the state and any political subdivisions. For the purposes of this section, “state-wide opioid claim” means any claim the state asserts or could assert concerning the manufacturing, marketing, distributing or selling of opioids, or activities related thereto.
(b) Notwithstanding any provision of the general statutes, no claimant may assert any state-wide opioid claim for which the state has entered into an agreement to compromise, release, waive or otherwise settle such claim pursuant to this section.
(June Sp. Sess. P.A. 21-2, S. 39.)
History: June Sp. Sess. P.A. 21-2 effective June 23, 2021.
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Sec. 3-130. Proceedings to obtain reasonable transportation rates. The Attorney General is authorized, when directed by the Governor, to institute legal proceedings in any court or before any commission or committee of any state or of the United States to obtain the establishment and maintenance of just and reasonable rates for transportation of fuel and other articles and commodities by railroad and by vessels and to compel common carriers to establish, apply and observe just and reasonable rules, classifications and practices in connection with such transportation.
(1949 Rev., S. 218.)
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Sec. 3-131. Annual reports. The Attorney General shall prepare and submit to the Governor a report of the doings of his office in accordance with the provisions of section 4-60 and shall account to the State Treasurer for all fees, bills of costs and moneys received and expended by him by virtue of his office.
(1949 Rev., S. 219; September, 1957, P.A. 11, S. 13.)
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