1992 Formal Opinions
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I am writing in response to your request for an advisory opinion regarding the imposition of sales and use taxes on certain utility companies' purchases of goods to be installed in state facilities in performance of energy conservation measures mandated by Conn. Gen. Stat. § 16a-37a and 1991 Conn. Pub. Act No. 91-6 (June Spec. Sess.).
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This letter is in response to your request, dated June 10, 1992, for our opinion concerning access by researchers to identifiable bail commission information.
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You have requested the opinion of the Attorney General as to whether you have the authority to provide state reimbursement to a town that fails to meet the requirement that two-thirds of the employable general assistance recipients participate in a work or education program in accordance with § 17-281a(a). Conn.Gen.Stat. § 17-281a(f); § 17-292.
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You have requested our advice on whether the provisions of the Connecticut Fire Safety Code, the Connecticut State Building Code and Conn. Gen. Stat. § 29-315, with regards to automatic fire extinguishing systems, preempt the field so as to preclude local ordinances on the subject.
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By letter of February 4, 1992. you requested an opinion of the Attorney General on the State's ability to pursue statutory support obligations against the community (non-institutionalized) spouse of an institutionalized Medicaid patient, in view of certain provisions contained in the Medicare Catastrophic Coverage Act of 1988 (MCCA), Pub.L. 100-360.
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This is in response to your recent request for an opinion on whether there exists legislative authority for the Division of Special Revenue to institute a "cash" lotto in addition to the other lottery games currently conducted by, or under the authority of, the Division.
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.
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You have requested our advice on two questions: (1) Whether under Conn.Gen.Stat. § 12-19a(a), a Payment in Lieu of Taxes (P.I.L.O.T.) grant is payable to a town for a correctional facility if such facility is not on the town's assessment list on the preceding October 1? (2) Whether Public Act No. 91-79, applies to towns that conducted revaluations prior to October 1, 1990 and currently are phasing in such revaluations?
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This letter is in response to your memorandum of August 4, 1992, in which you requested our opinion concerning the meaning and enforcement of Conn. Gen. Stat. §3-112. We understand from the correspondence which you provided with your memorandum that you have requested information and documentation from the Department of Revenue Services ("DRS") concerning the agency's processing of state income tax refunds. In particular, you have requested information concerning the numbers of refunds processed, when they were processed, how they were processed and the estimated number of refunds still pending. You have also inquired into possible reasons for any delays including any instructions which the agency may have given or received to delay the refund process or to separate refunds based on their face amount, and any hardware or software problems which may have occurred.
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In your letter of February 27, 1992, you posed the question whether the filing of an annual report by a trustee under mortgage may be waived by the Banking Commissioner.
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Robert Werner, Division Of Special Revenue, 1992-034 Formal Opinion, Attorney General of Connecticut
You have sought the advice of this office relating to the operation of an off-track betting system in the State of Connecticut. Specifically, you inquire whether, under Conn. Gen. Stat. § 12-167a(b), the operation of "an OTB betting branch facility in the Hartford Jai Alai Fronton would violate the proscription against locating a 'Facility' within 35 miles of the location of the Teletheater in the Town of Windsor Locks ... ?"
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Robert Werner, Division of Special Revenue, 1992-025 Formal Opinion, Attorney General of Connecticut
At the direction of the Gaming Policy Board, you1 seek the opinion of this office as to "whether the division, with the advice and consent of the Board, has the authority under existing legislation to contract with a private entity to assume the operational duties of the OTB system."
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This is in response to your request for a formal opinion of the Attorney General, submitted in your capacity as Chairman of the Commission For Child Support Guidelines, on the following two questions: (1) Whether the child support guidelines, promulgated on January 1, 1991, are subject to the legislative review provisions of Public Act 91-209; and (2) Whether the January 1, 1991 child support guidelines, and all future guidelines, are subject to the rule-making procedures under the Uniform Administrative Procedure Act.
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In your letter dated September 12, 1991, you asked us whether the conservator of the estate of a disabled child of a deceased member of the State Teachers' Retirement System is eligible for monthly benefits as a legal guardian under Conn.Gen.Stat. § 10-183h(a).
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This letter is in response to your letter of March 12, 1992, in which you requested our opinion on the following issue: Is there any lawful basis upon which a municipality may refuse to meet the requirements of a state law when compliance with the law will result in costs to the municipality which are not reimbursed or otherwise borne by the state?