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2017 Op. Conn. Att'y Gen. 1 (2017)

handle is hein.sag/sagct0071 and id is 1 raw text is: GEORGE JEPSEN 55ELMSTREET ATTORNEY GENRAL PO. BOX 120 HAR(TFORD, CTO614v-0120 Office of the Attorney General (860) 808-5314 State of Connecticut January 31, 2017 Hon. Leonard A. Fasano Senate Republican President Pro Tempore Legislative Office Building 300 Capitol Avenue, Suite 3400 Hartford, CT 06106-1591 Dear Senator Fasano: You have requested an opinion on the requirements of Conn. Gen. Stat. § 3-125a, which provides that the General Assembly may reject a settlement agreement by a three-fifths vote of each house. Specifically, you inquire whether, in considering the proposed Revised Exit Plan for the Juan F. v. Malloy federal litigation, the supermajority requirement of § 3-125a is calculated on the basis of members present and voting. We conclude that the answer is yes. Section 3-125a provides: Notwithstanding the provisions of subsection (h) 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. Conn. Gen. Stat. § 3-125a(a) (emphasis added).

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