The Office of the Attorney General William Tong
1994 Formal Opinions
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This is in response to your letter dated December 1, 1993, in which you request our opinion on whether the Department of Transportation's use of on-call consultants is contrary to the requirements of Sections 13b-20b through 13b-20l of the Connecticut General Statutes. http://www.cslib.org/attygenl/images/rainbow.gif
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In your letter of June 16, 1994, you ask whether an employee of the Connecticut Resources Recovery Authority (CRRA) may, upon election to the General Assembly, continue to hold his employment with CRRA, or be prohibited from holding the CRRA position due to the "dual job ban" set forth in either Conn. Const. Art. III,
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You have requested an opinion as to whether proposed legislation regulating hospitals' net revenues, imposing taxes related to the provision of hospital services, and appropriating funds for Medicaid disproportionate share payments to hospitals is likely to be preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") because the amended statutes may "relate to" ERISA plans.
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We are writing in response to your request for a legal opinion regarding the "accessibility" of income and assets of the Hutterian Brethren in Connecticut, Inc., a Connecticut nonstock corporation, to its individual members. You report that many Hutterians (including families, the elderly, pregnant woman, and young children) are currently receiving medical assistance benefits under the state's Title XIX Medicaid Program from the Department of Social Services (DSS). Specifically you ask: 1. What amount of income of the Brethren is available to its individual members? 2. What amount of assets of the Brethren is available to its individual members? 3. What legal obligation does the Brethren have to financially support its members? 4. What legal obligation does the Brethren have to meet the medical needs of its individual members?
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In your letter of May 20, 1994, you inquired whether the State of Connecticut should continue to require car rental companies to be licensed as sellers of gasoline. You explained that some car rental agencies require their customers to return the vehicles with a particular amount of gasoline. If the vehicles are not returned with the requisite amount of gasoline, the agencies will provide gasoline from their own pumps and will charge the customers for the gasoline.
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The following is in response to your request of June 30, 1994, for an opinion concerning the applicability of the gun certification requirements of 1993 Conn. Pub. Acts No. 93-306, An Act Concerning Assault Weapons, to licensed firearms dealers and distributors. Specifically you ask: "Do licensed firearms dealers and distributors need to obtain a certificate of possession for all assault weapons in their possession that were 'in stock' as of October 1, 1993? Is a certificate needed with respect to assault weapons acquired after October 1, 1993?" The Act addresses "licensed gun dealers" and we assume, for the purposes of this opinion, that your questions concern these entities.
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This is in response to your request for an opinion regarding Public Act 94-241 ("the Act") authorizing the establishment of "enterprise corridor zones" by three or more contiguous municipalities with the approval of the Commissioner of Economic Development. Businesses located within approved enterprise corridor zones receive the same tax benefits as those located in enterprise zones.
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You have requested our advice on several questions relating to the liability of the Second Injury Fund for payment of workers' compensation claims when an insurer of such claims has been determined to be insolvent. The Second Injury Fund ("the Fund") and the Connecticut Insurance Guaranty Association have asserted differing interpretations of the statutes governing such liability.
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We are in receipt of your letter of June 22, 1994 wherein you call our attention to P.A. 93-219, Sec. 10. In your letter you seek our advice as to what extent, if any, the provisions of this section affect the computation of discharge dates for sentences subject to this statute. Section 10 of this Act provides as follows: Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the department of correction or the board of parole until the expiration of the maximum term or terms for which he was sentenced.
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This letter is in response to your joint request dated August 11, 1993, for a formal opinion concerning interior design. In particular, you have asked three questions: 1. What effect does the requirement of Conn.Gen.Stat.
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At the close of the last Legislative session, you posed a number of questions about the Memorandum of Understanding executed by Governor Weicker and the Mashantucket Pequot Tribe relating to the operation of video facsimile machines at the Foxwoods Casino on the Tribe's reservation in Ledyard.
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You have requested the opinion of this office as to whether "it would be possible for the Milford and Hartford Jai Alai to be the subject of wagering at off-track betting (OTB) facilities."
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We are in receipt of your August 16, 1994 letter, wherein you seek our advice "[i]n anticipation of a possible freedom of information request." The anticipated request, we learned, may seek, inter alia, the addresses of state employees that you have in computer files maintained for state payroll purposes.
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James A. Gasecki, Sheriffs' Advisory Board, 1994-016 Formal Opinion, Attorney General of Connecticut
In your letter of March 15, 1994, you indicate that in two lawsuits, Kennedy St. George v. Mak, Case No. 5:92-CV-00587(JAC), United States District Court, District of Connecticut, and Lewis v. Mak, Case No. 5:92-CV-00593(JAC), United States District Court, District of Connecticut, the Attorney General's Office has advised the High Sheriff of Fairfield County and several persons in his department that it would be inappropriate for the Attorney General's Office to continue to represent them in those cases. Consequently, on behalf of the Sheriffs' Advisory Board you have asked for legal advice on the following question: Does the Sheriff's Advisory Board have authority to appropriate funds for the defense of sheriffs, deputy sheriffs and special deputy sheriffs in lawsuits brought against them in their individual capacities after the Attorney General has determined that providing a defense would be inappropriate pursuant to Conn. Gen. Stat.
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This is in response to an October 19, 1993 request for an opinion regarding the prescriptive authority of advanced practice registered nurses ("APRNs"), which request was generated by Marie Hilliard, the Board's Executive Officer. The question is whether APRNs have prescriptive authority in a private practice setting.