Attorney General: Opinions
Opinions

1993 Formal Opinions
12/22/1993Robert G. Jaekle, Auditors of Public Accounts, 1993-038 Formal Opinion, Attorney General of Connecticut
  By letter dated December 2, 1992, you have requested an opinion as to whether the State Employees' Retirement Commission [hereinafter Commission or SERC] has the authority to place Nicholas A. Cioffi, who joined the State Employees' Retirement System [hereinafter SERS or the Retirement System] after July 1, 1984, in Tier I of that system, with no Social Security coverage.
 
12/21/1993Honorable Allan A. Crystal , Department of Revenue Services , 1993-037 Formal Opinion, Attorney General of Connecticut
  You have asked what liability, if any, a state agency would have "with respect to any incidents arising at, during or after" an off-site holiday party attended by agency employees during working hours.
 
11/30/1993Representative Edward C. Krawiecki, Jr., House Minority Leader, 1993-036 Formal Opinion, Attorney General of Connecticut
  In your letter of August 12, 1993, you relate that by a Resolve of May, 1824, a Borough of Newtown was created. Subsequently the General Assembly passed 1931 Special Act No. 290 and 1953 Special Act No. 106 also relating to the formation of this borough. You ask three questions relating to this borough. First you ask whether the borough may be dissolved. Secondly you ask the procedure in accomplishing this dissolution. Thirdly you ask what legal requirements are imposed upon the officials of the borough to assist residents in bringing about dissolution.
 
11/15/1993Honorable Emil H. Frankel, Department of Transportation, 1993-035 Formal Opinion, Attorney General of Connecticut
  This is in response to your memorandum dated September 22, 1993 wherein you request our opinion on whether the members of the Connecticut Pilot Commission ("Commission") have a right to defense by the State of Connecticut and indemnification should the exercise of their duties as Commission members result in litigation against them in their official or individual capacities.
 
11/15/1993Richard G. Akeroyd, Jr., Connecticut State Library, 1993-034 Formal Opinion, Attorney General of Connecticut
  We are writing in response to your letter of October 27, 1993 in which you request our advice on the question of whether the proceeds of a sale of certain pistols, the "Van Syckel Dragoons" (the "firearms"), by the State Library Board (the "Board") in connection with the deaccession of the firearms from the collection of the Raymond E. Baldwin Museum of Connecticut History, must be used exclusively for the purpose of furthering or of enhancing the Museum's collections of Colt materials.
 
10/15/1993Honorable Ralph D. Lukens, Probate Court Administrator, 1993-033 Formal Opinion, Attorney General of Connecticut
  You ask in your letter to this office whether Conn.Pub.Act No. 93-435, 87(b) violates Art. II, Conn. Const., relating to the separation of powers. You suggest that this question arises because the legislature would be imposing the UAPA rule-making procedure of the executive branch upon the probate courts.
 
10/4/1993Audrey Rowe, Department of Social Services, 1993-032 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for a formal opinion as to whether Connecticut's child support-related wage withholding legislation is in compliance with certain federal statutory and regulatory mandates.
 
10/1/1993Albert J. Solnit, M.D., Department of Mental Health, 1993-031 Formal Opinion, Attorney General of Connecticut
  In your letter of March 16, 1993, you requested our opinion regarding the ability of the Department of Mental Health to obtain information on individuals who are receiving services from grantee agencies of the Department of Mental Health (DMH). Specifically, DMH seeks to require these grantee agencies to supply information regarding patients which is subject to the statutory psychiatric privilege set forth in Conn.Gen.Stat. 52-146d et seq. Disclosure of patient information to DMH without prior patient consent would be a condition of reimbursement or funding of the grantee agency.
 
9/23/1993Honorable R. Michael Dunne, Department of Administrative Services, 1993-030 Formal Opinion, Attorney General of Connecticut
  This is in response to your department's request for a formal opinion from this office as to whether or not Section 3-7 of the General Statutes is applicable to certain internal service/revolving funds administered by the Department of Administrative Services (DAS). Your department's request focuses on whether monies owed to the funds by other State agencies may be cancelled from the books of DAS or otherwise compromised in accordance with the provisions of Section 3-7.
 
9/22/1993The Honorable Jesse M. Frankl, Workers'Compensation Commission, 1993-029 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter dated July 23, 1993, wherein you asked our opinion concerning the application of Public Act 93-288 (the Act) to cost of living adjustments (COLAs) for certain injured employees and their dependants.
 
9/21/1993T. William Knapp, Municipal Police Training Council, 1993-028 Formal Opinion, Attorney General of Connecticut
  You have asked our opinion on several matters pertaining to the extent of the authority of the Municipal Police Training Council (MPTC) to impose mandatory training requirements upon those persons empowered by statute to act in the capacity of a police officer.
 
9/10/1993Hon. Edward C. Krawiecki, Jr., House of Representatives, 1993-027 Formal Opinion, Attorney General of Connecticut
  This letter is written in response to your May 3, 1993, request for an opinion on Substitute Senate Bill No. 1055, An Act Concerning Medicare Supplement Policies.
 
9/7/1993The Honorable Joseph M. Suggs, Jr., Office of the Treasurer, 1993-026 Formal Opinion, Attorney General of Connecticut
  This will respond to your request for advice regarding how the Second Injury Fund should proceed on the administration of Conn. Gen. Stat. 31-284b, 31-349(e) and (f) in light of the United States Supreme Court's recent ruling in District of Columbia v. Greater Washington Board of Trade, _U.S._, 113 S. Ct. 580 (1992) (hereinafter referred to as Board of Trade).
 
8/30/1993Edward D. Kratovil, Division of Special Revenue, 1993-025 Formal Opinion, Attorney General of Connecticut
  You seek our guidance concerning several interrelated issues arising from recent legislation which authorizes the conversion of the Bridgeport Jai Alai fronton to a dog track. Your questions are essentially three in number: (1) must Bridgeport Jai Alai surrender its Jai Alai license before construction can begin on the actual conversion to a dog track; (2) must the Board conduct a hearing before it can award playing dates to the pari-mutuel facilities; and (3) if such a hearing is required, how are conflicts resolved, when does Bridgeport Jai Alai cease to exist as a fronton, and when may the Board waive a regulation?
 
8/26/1993Honorable Rose Alma Senatore, Department of Children & Youth Services, 1993-024 Formal Opinion, Attorney General of Connecticut
  I write to respond to your request for an advisory opinion regarding religious exemption provisions included within Connecticut's child abuse and neglect statutes. The critical statutory language is contained in Conn. Gen. Stat. 17a-104 (with essentially similar language found in Conn. Gen. Stat. 46b-120) which provides: "...[t]he treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment."
 
8/19/1993The Hon. William E. Curry, Jr., State Comptroller, 1993-023 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter of August 3, 1993 concerning the Health Care Cost Containment Committee (HCCCC) and U.S. Healthcare. Pursuant to Conn. Gen. Stat. 5-259, you have the statutory obligation to establish group hospitalization, medical and surgical insurance coverage for state employees, retirees and others, and are authorized to enter into contracts for that purpose.
 
7/27/1993Honorable Reginald J. Smith, Department of Public Utility Control, 1993-022 Formal Opinion, Attorney General of Connecticut
  This is in reply to a request for advice asking if the person you appoint as an Executive Director of the Department of Public Utility Control (DPUC), pursuant to Conn. Gen. Stat. 16-2(f), to fill a vacancy in that position receives an appointment for four years or rather serves the balance of the prior Executive Director's unexpired term.
 
7/7/1993Hon. Joseph M. Suggs, Jr., State Treasurer, 1993-021 Formal Opinion, Attorney General of Connecticut
  You have requested our advice regarding whether Connecticut's laws on protection of public deposits1 are adequate to fully secure such deposits in the event the depository institution in which such funds are deposited fails and is placed in receivership. The security of public deposits is an issue because federal deposit insurance for public deposits is limited to $100,000 per account, 12 U.S.C. 1821(a)(2)(A), and public deposits often exceed that amount. Specifically, you are concerned about the security of state deposits in the event of a challenge by the Federal Deposit Insurance Corporation (FDIC) in its role as receiver of a failed depository institution, under the Federal Deposit Insurance Act, 12 U.S.C. 1811, et seq.
 
7/7/1993Hon. William E. Curry, Jr., State Comptroller, 1993-020 Formal Opinion, Attorney General of Connecticut
  You recently sought our advice as to whether you may discontinue the practice of providing on request lists of outstanding state checks to asset finder organizations ("AFO").
 
7/1/1993Gloria Schaffer, Commissioner, Department of Consumer Protection, 1993-019 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion on two issues raised by Conn. Gen. Stat. 21a-199 which imposes an athletic tax of five percent of the gross receipts from any boxing exhibition. The first issue is whether the Commissioner of Consumer Protection is responsible for the collection of the tax or whether it is the responsibility of the Commissioner of Revenue Services. The second issue is whether the athletic tax can be waived for United States Amateur Boxing, Inc., due to the fact that it is a non-profit association that is otherwise tax-exempt.
 
7/1/1993Allan A. Crystal, Commissioner, Department of Revenue Services, 1993-018 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter dated April 20, 1993, in which you request a formal opinion of the Attorney General concerning an issue arising under 1992 Conn. Pub. Acts No. 92-184 (hereinafter referred to as "the Act"). You state as follows: The issue involves the room occupancy tax, a portion of which funded the visitors and convention districts and coliseum authorities under Conn. Gen. Stat. 7-136a to 7-136c, inclusive (repealed by e 18 of the Act), and will now fund tourism districts and coliseum authorities under 15 of the Act.
 
6/29/1993Department of Administrative Services, State Representative, 1993-017 Formal Opinion, Attorney General of Connecticut
  Conn.Gen.Stat. 4b-3 establishes the state properties review board and provides criteria for membership. That statute provides, inter alia, that "[n]o person shall serve on this board who holds another state or municipal governmental position...." Conn.Gen.Stat. 4b-3(b). By letter dated March 23, 1993 you have asked two questions concerning the above quoted portion of Conn.Gen.Stat. 4b-3(b). 1. You initially ask whether "there is a definition of 'state or municipal government position' which applies to [ 4b-3(b) ]?" 2. Your second question is whether an individual who serves without compensation on a municipal board is ineligible for membership on the state properties review board.
 
6/23/1993Honorable Audrey Rowe , Department of Income Maintenance , 1993-016 Formal Opinion, Attorney General of Connecticut
  By your letter of May 4, 1992, you requested our opinion on several questions about the exclusion of irrevocable funeral accounts from consideration as assets in determining eligibility for your Department's programs. Essentially, you asked whether the monetary limit Conn. Gen. Stat. 42-207 places on such accounts is a requirement for their validity. If it is, you asked whether the limit may be exceeded either by creating an account outside the state and then transferring it to the state or by creating multiple irrevocable accounts whose total amount exceed the limit.
 
6/21/1993Honorable Edward C. Krawiecki, Jr. , House Minority Leader , 1993-015 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion regarding the temporary rules and regulations of the Department of Revenue Services under Conn. Pub. Act 91-3, ee 51 to 93, of the June 1991 Special Session, as amended (the "Public Act"). The Public Act is entitled "An Act Making Appropriations for the Expenses of the State for the Fiscal Year Ending June 30, 1992, Providing Funds for Such Expenses and Concerning Fiscal Reform." Sections 51 to 93 of the Public Act relate to the state income tax.
 
6/17/1993Honorable Rose Alma Senatore, Department of Children and Youth Services , 1993-014 Formal Opinion, Attorney General of Connecticut
  The Department of Health and Human Services (HHS) has asked for an opinion analyzing the Federal Child Abuse Prevention and Treatment Act (the Act) 42 U.S.C. 5101 and regulations issued under that Act in relation to state law, particularly Conn. Gen. Stat. l9a-570 et seq. Specifically, HHS questions whether Connecticut law meets the requirement imposed by the federal statutory mandates regarding critically-ill children.
 
6/14/1993Honorable Rose Alma Senatore , Department of Children and Youth Services , 1993-013 Formal Opinion, Attorney General of Connecticut
  You have asked whether or not foster parents are entitled to representation and indemnification from the State of Connecticut. The corollary question is whether they are independent contractors and therefore not entitled to representation or indemnification.
 
6/14/1993Hon. Joseph M. Suggs, Jr. , State Treasurer , 1993-012 Formal Opinion, Attorney General of Connecticut
  In your letter of March 26, l993, you requested our opinion concerning perceived conflicts between the requirements of proposed House Bill 7114, "An Act to Assist Connecticut Communities Seeking Economic Stability" (the "Act"), and Article Tenth, Section 1 of the Connecticut Constitution which preserves home rule for Connecticut municipalities.
 
6/8/1993Representative Thomas D. Ritter , Legislative Office Building, Room 4100 , 1993-011 Formal Opinion, Attorney General of Connecticut
  By letter dated February 26, 1993 you have asked for our advice as to whether an increase in the amount of money appropriated to municipalities under the Education Cost Sharing (ECS) grant program (Conn. Gen. Stat. e10-262h) which has been recommended by the governor for SFY 1993-94 is properly counted as a "general budget expenditure" for the purposes of determining whether the authorized expenditure limitation imposed by Conn. Gen. Stat. e2-33a, commonly known as "the spending cap", will be exceeded.
 
6/8/1993Honorable Joseph M. Suggs, Jr. , Office of the Treasurer , 1993-010 Formal Opinion, Attorney General of Connecticut
  This letter responds to the March 25, 1993, inquiry of Assistant Treasurer Lawrence A. Wilson wherein he asked whether the Connecticut Bar Foundation, Inc. may invest Interest On Lawyers' Trust Account ("IOLTA") funds in the State's Short-Term Investment Fund ("STIF").
 
6/3/1993Steven Weinberger, Director, Office of the State Comptroller, 1993-009 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter of April 1, 1993 to this office in which you ask whether an active state employee who is currently a member of the State Employees Retirement System is barred from collecting a pension from the Judge's Retirement System while serving as a state employee.
 
4/29/1993Robert W. Werner, Division of Special Revenue, 1993-008 Formal Opinion, Attorney General of Connecticut
  In your letter of February 11, 1993, you ask whether the State of Connecticut, as a creditor, is disabled from being the assignee of a Connecticut lottery winner because of a regulation which prohibits any assignment of lottery funds.
 
4/27/1993Hon. John B. Larson, President Pro Tempore, 1993-007 Formal Opinion, Attorney General of Connecticut
  By letter dated March 5, 1993, you have asked our office for a formal opinion as to whether Gwen B. Weltman, Esq. of Bethany, who has been nominated by Governor Lowell P. Weicker, Jr. as a public member of the Commission on Hospitals and Health Care ("the Commission") qualifies as such pursuant to Conn.Gen.Stat. 19a-146. Specifically, you question whether Attorney Weltman's previous employment as a social worker by Yale-New Haven Hospital between April 1980 and July 1983 violates 19a-146's mandate that a public member "shall not ... have any past professional affiliation with any health care facility or institution...."
 
4/14/1993Edward C. Krawiecki, Jr., State Representative, 1993-006 Formal Opinion, Attorney General of Connecticut
  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.
 
3/24/1993Robert R. Googins, Commissioner, Department of Insurance, 1993-005 Formal Opinion, Attorney General of Connecticut
  You have requested our advice on several questions related to 1992 Conn. Public Act 92-158, An Act Concerning Extending Continuation Benefits to the Unemployed (hereinafter "Public Act 92-158"). Public Act 92-158 amended Conn. Gen. Stat. e 38a-538, which requires employers to offer employees whose employment has terminated for reasons other than death the option to purchase continued health insurance coverage under the employer's group health plan at the same group rate. Public Act 92-158 extended the time period for such continuation coverage from 78 weeks to 104 weeks.
 
2/11/1993Honorable Thomas D. Ritter, Speaker of the House, 1993-004 Formal Opinion, Attorney General of Connecticut
  We are replying to your letters of January 14, 1993 and January 22, 1993 in which you ask whether the Governor has the constitutional and statutory authority to execute without legislative approval a Memorandum of Understanding between the State and the Mashantucket Pequot Tribe regarding the installation and operation of video slot machines (i.e., video facsimile games as defined in that Memorandum and the Federal Procedures to which it refers) at Foxwoods Casino at Ledyard, and whether the Secretary of the Interior has to approve the agreement or take any action relating to it
 
1/27/1993John R. Shears, State Teachers' Retirement Board, 1993-003 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter of September 11, 1992 in which you relate that the State Teachers' Retirement Board has requested an opinion of this office on the following question: Does the Veterans' Reemployment Rights Act preserve a right for persons covered by the Act to purchase retirement service credit in the State Teachers' Retirement System under the terms of the state law governing such purchases of service credit as were in effect when such persons were inducted into the Armed Forces?
 
1/13/1993Reginald J. Smith, Department of Administrative Services, 1993-002 Formal Opinion, Attorney General of Connecticut
  You have requested a formal opinion from this office as to whether the Department of Administrative Service's ("DAS") use of private collection agencies on a contingency fee basis would be in violation of Conn.Gen.Stat. 4-100 or any other section of the General Statutes of Connecticut.
 
1/8/1993Steven J. Weinberger, Director, State Employees' Retirement Commission, 1993-001 Formal Opinion, Attorney General of Connecticut
  This is in response to your letter of October 19, 1992 in which you relate that the State Employees' Retirement Commission's Subcommittee on Purchase of Service and Related Matters has requested an opinion from this office on the entitlement of Tier I hazardous duty members to obtain retirement credit for a leave of absence for service in the armed forces during peacetime, pursuant to the Veterans' Reemployment Rights Act.