Attorney General: Opinions
Opinions

2003 Formal Opinions
12/11/2003Susan G. Townsley, Division of Special Revenue, 2003-020 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for opinion on whether municipalities that have voted to allow bazaars and raffles, but that have no chief of police or first selectman to investigate applications and issue permits as required by the Bazaar and Raffle Act, nevertheless may permit qualifying organizations to conduct bazaars and raffles.
 
11/28/2003The Honorable James F. Byrnes, Jr., Department of Transportation, 2003-019 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion as to the following question: "Given the requirements of Section 4-9d [of the General Statutes] or any applicable Statute, [may] a Commissioner [of the Departments of Motor Vehicle, Public Safety or Transportation] delegate to a member of his or her staff not appointed as a Deputy Commissioner the authority and responsibility to vote on the State Traffic Commission ['STC']?"
 
11/25/2003Susan G. Townsley, Division of Special Revenue, 2003-018 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on certain issues concerning the repeal of the games of chance statutes.1 These statues, until they were repealed, allowed Las Vegas Nights charitable gambling in the state. The repealer, enacted during the January 6, 2003 Special Session in 2003 Conn. Pub. Acts (Jan. 6 Spec. Sess.) 03-1, terminated this type of gambling effective January 7, 2003 in an effort to prevent federal allowance of more Indian casinos in Connecticut.
 
10/1/2003The Honorable Louis C. DeLuca, Legislative Office Building, 2003-017 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal opinion as to whether Public Act No. 03-45, An Act Concerning Secondhand Smoke in Work Places, applies to Foxwoods and the Mohegan Sun casinos. In particular, you ask whether section 14 of the gaming compacts,1 which requires the Mashantucket Pequot and Mohegan Tribes to adopt health and safety standards that are at least as rigorous as the State's health and safety laws, requires application of the smoking ban to the Tribes' gaming facilities.
 
9/23/2003Linda Spoonster Schwatz, RN, DrPh, FAAN, Department of Veterans' Affairs, 2003-016 Formal Opinion, Attorney General of Connecticut
  Your office has requested a formal opinion regarding whether the Department of Veterans' Affairs (hereinafter "DVA") has properly amended its Veterans' Benefits Guide (hereinafter "Guide") to reflect recent changes in the law.
 
9/23/2003Susan G. Townsley, Division of Special Revenue, 2003-015 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for advice on whether Connecticut law would prohibit Autotote Enterprises, Inc. ("AEI") from continuing to purchase the New York Racing Association's ("NYRA's") signal if NYRA were indicted on criminal conspiracy to commit tax fraud charges.
 
9/23/2003Commissioner Susan F. Cogswell, Insurance Department, 2003-014 Formal Opinion, Attorney General of Connecticut
  You have asked whether certain vehicle identification number ("VIN") etching reimbursement products ("the Products") should be regulated as insurance under Title 38a of the Connecticut General Statutes.
 
9/8/2003Shaun B. Cashman, Commissioner of Labor, 2003-013 Formal Opinion, Attorney General of Connecticut
  As you are aware, section 31-57f of the Connecticut General Statutes provides for the payment of a standard wage rate to certain service workers employed by some contractors of the State or its agents. It has come to our attention that there has been uncertainty as to whether this statute requires such employers to raise wages during the life of a contract to match the prevailing standard wage rate as that rate increases, or whether the statute only requires those employers to pay service workers at the rate that was in effect at the time the contract was executed.
 
7/16/2003Senator Sullivan, Senator Looney, Representatives Lyons and Amann, State Capitol, 2003-012 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal legal opinion concerning the General Assembly's authority to enact a continuing resolution to appropriate funds for the operation of the state government in the absence of a state budget. As you note in your July 11, 2003 letter, the General Assembly passed two biennial budget bills earlier this year, both of which were vetoed by Governor Rowland. Given the lack of a budget for the new fiscal year beginning July 1, 2003, the General Assembly passed a two week continuing resolution or temporary appropriations measure on June 30, 2003.
 
6/10/2003Susan G. Townsley, Division of Special Revenue, 2003-011 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion concerning the continuing legality of the use of merchandise prize wheels at bazaars in Connecticut in the wake of the repeal of the statutes authorizing Las Vegas Nights charitable gambling and the use of money wheels at bazaars. The repealer, enacted during the January 6, 2003 Special Session in 2003 Conn. Pub. Acts (Jan. 6 Spec. Sess.) 03-1, terminated these types of gambling effective January 7, 2003.
 
5/30/2003Honorable Theodore S. Sergi , Connecticut State Department of Education , 2003-0010 Formal Opinion, Attorney General of Connecticut
  In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
 
5/30/2003Honorable Theodore S. Sergi, Connecticut State Department of Education, 2003-0010 Formal Opinion, Attorney General of Connecticut
  In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
 
5/23/2003William J. Sudol, State Teachers' Retirement Board, 2003-009 Formal Opinion, Attorney General of Connecticut
  You have requested advice regarding the Early Retirement Incentive Program (ERIP) enacted in 2003 Conn. Pub. Acts No. 03-02. This retirement program was extended by the legislature to state employees who are members of the State Teachers' Retirement System (TRS or the system) in 2003 Conn. Spec. Acts No. 03-02.
 
5/22/2003Senator Kevin B. Sullivan, State of Connecticut Senate, 2003-008 Formal Opinion, Attorney General of Connecticut
  You have requested a formal opinion as to whether employees of state-aided institutions, as defined in Conn. Gen. Stat. 5-175, are authorized to participate in the Early Retirement Incentive Program (ERIP) created in 2003 by Conn. Pub. Act No. 03-02. If the answer to this question is in the affirmative, you have also inquired as to whether such employees are bound by the reemployment provisions contained in the State Employees Retirement Act, Conn. Gen. Stat. 5-152 to 5-192x (hereinafter SERA or the Retirement Act).
 
5/8/2003Susan G. Townsley, Division of Special Revenue, 2003-007 Formal Opinion, Attorney General of Connecticut
  We write to clarify our April 14, 2003 opinion concerning whether the Mashantucket Pequot Tribe (the "Tribe") could conduct Casino Night events at Foxwoods Casino ("Foxwoods") to benefit state charities. This issue had arisen in the wake of action by the Connecticut General Assembly earlier this year repealing the Games of Chance Act, which had allowed charities to run Las Vegas Nights events within the state as fundraisers, subject to the provisions of the Act. As a result of this repeal, charitable organizations may no longer legally conduct Las Vegas Night events in this State.
 
4/14/2003Susan G. Townsley, Division of Special Revenue, 2003-006 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion regarding two issues related to charitable gaming events to be held at Foxwoods Casino ("Foxwoods"). Foxwoods is owned and operated by the Mashantucket Pequot Tribe (the "Tribe"), a federally recognized Indian tribe. The Tribe conducts gaming at Foxwoods, which is located on the Tribe's federal reservation, pursuant to Gaming Procedures authorized by federal law.
 
3/12/2003Susan G. Townsley, Division of Special Revenue, 2003-005 Formal Opinion, Attorney General of Connecticut
  Thank you for arranging our meeting with the Connecticut Lottery Corporation to discuss my concerns with the new lottery game entitled "Treasure Tower." Following my viewing of the game, and our helpful round-table discussion, I appreciate the thorough review this game has received from your agency. However, I continue to have grave concerns about the legality of this game and its design characteristics that are very likely to appeal directly to young children. Accordingly, I must and I hereby advise you to withdraw approval for the distribution and implementation of this game, unless and until the legislature passes legislation allowing this type of gaming.
 
3/5/2003The Honorable Nancy Wyman, Comptroller, 2003-004 Formal Opinion, Attorney General of Connecticut
  You have asked for a formal opinion as to whether the State is obligated to provide recently laid off state employees with certain severance benefits, including payment of the State's share of health insurance premiums for a period of six months after their termination from state service, pursuant to certain collective bargaining agreements and during administrative proceedings and/or additional negotiations with the unions on this issue.
 
2/6/2003Commissioner Armstrong & Commissioner Spada, Department of Correction & Department of Public Safety, 2003-003 Formal Opinion, Attorney General of Connecticut
  Your staff has asked whether persons convicted of violating Conn. Gen. Stat. 53a-73a, Fourth Degree Sexual Assault, under Conn. Gen. Stat. 53a-8 (Accessory), 53a-48 (Conspiracy), or 53a-49 (Attempt) are required to register pursuant to Conn. Gen. Stat. 54-251. That statute requires registration of persons convicted of a "nonviolent sexual offense," defined as persons convicted of violating Conn. Gen. Stat. 53a-73a.
 
2/5/2003The Honorable James Amann, State Capitol, 2003-002 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for a formal legal opinion as to the proper construction of Conn. Gen. Stat. 51-44a, which governs the appointment of the Judicial Selection Commission, given an internal inconsistency in the statute created by the recent reapportionment of Connecticut's congressional districts.
 
1/10/2003The Honorable Kevin B. Sullivan, State Senate, 2003-001 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion as to whether the Department of Mental Health and Addiction Services (DMHAS) is required to apply to the Office of Health Care Access (OHCA) to obtain a certificate of need authorizing the reduction or elimination of health care services provided by DMHAS.