The Office of the Attorney General William Tong
Formal Opinions
Page 11 of 42
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You have asked for an opinion as to the possible overcollection of sales tax on certain food items by supermarket vendors and the receipt of such overcollected taxes by the Department of Revenue Services ("DRS"). Specifically, you have asked for an opinion as to two questions: (1) Is DRS obligated to inform the retailer of its miscollection of taxes? and (2) Is the State obligated to disgorge the overtaxation received and is the retailer obligated to disgorge to consumers the taxation collected?
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This opinion responds to Commissioner Armstrong’s request for advice regarding the Department of Correction's leave policy for employees who participate in the military reserves or National Guard. Because his question concerns the implementation of a General Notice issued by the Department of Administrative Services, we address this advice to both of you.
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This is in response to your request for an expedited opinion on the proposal of the Connecticut Lottery Corporation (CLC) to participate in a new multi-state lottery game which, in part, lets players appear on a televised game show to compete and win.
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The Connecticut Real Estate Commission has requested the Attorney General's Office to render a formal legal opinion regarding the interpretation of C.G.S. § 20-317(a) as it relates to the following question: Does a non-resident real estate broker or real estate salesperson who is currently licensed in Connecticut under a bona fide Reciprocal Agreement need to qualify with course and experience and take a written exam to establish competency when such licensee becomes a resident of the State of Connecticut?
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You have asked what regulatory authority the Elections Enforcement Commission ("EEC") has with respect to alleged violations of Conn. Gen. Stat. §2-30a(b), which provides in relevant part: "No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment."
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John P. Burke, Department of Banking, 2000-006 Formal Opinion, Attorney General of Connecticut
You have asked for our opinion as to whether Section 36a-158(a) of the Connecticut General Statutes violates the Commerce Clause of the Unites States Constitution or the Equal Protection Clauses of the state and federal constitutions as to an out-of-state state-chartered bank that wishes to establish an automated teller machine ("ATM") in this state.
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This is in response to your request for a formal opinion of the Attorney General regarding the ability of the Department of Public Health ("Department") to access information contained in the personnel files of employees of institutions licensed by the Department. The Department's inspectors have recently been refused access to institutional employee personnel files when conducting inspections at a hospital. The hospital asserted that unless the Department issued an "administrative summons", the records could not be released unless consent of the employee was obtained. You also asked whether such information would be subject to release by the Department pursuant to a Freedom of Information request.
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Your letter of March 16, 2000, asks whether the South Central Regional Council of Governments ("SCRCOG") is a "political subdivision of the State" for purposes of applying for and receiving a "Brownfields" grant under a program funded by the federal Environmental Protection Agency ("EPA").
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This is in response to your letter dated January 19, 2000, in which you request our opinion on whether the Department of Transportation ("DOT") has the authority to enter into major contracts regarding development at Bradley International Airport ("BIA") when the Bradley International Airport Commission ("Commission") believes that DOT has failed to fully cooperate with the Commission in accordance with the provisions of subsection (b) of Section 15-101s of the Connecticut General Statutes.
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This is in response to a request for advice from the Commission on Human Rights and Opportunities (hereinafter CHRO) which asked this office to consider the following questions: 1. Is the Criminal Justice Commission required to comply with Conn. Gen. Stat. § 46a-68(a) which requires state agencies to file affirmative action plans with the CHRO? 2. Is the Criminal Justice Commission required to cooperate with the Division of Criminal Justice by providing information and support necessary to allow the Division of Criminal Justice to meet its responsibilities to file and implement an affirmative action plan pursuant to Conn. Gen. Stat. § 46a-68?
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In your letter dated April 27, 2000 you requested a formal opinion as to whether the chairman of a council of government has the authority to sign on behalf of all the chief elected officials of a workforce investment area an agreement by which the council of government will administer and oversee federal Workforce Investment Act funds and activities.
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Ms. Nancy Wyman, State Comptroller, 2000-024 Formal Opinion, Attorney General of Connecticut
You have asked two related questions about the State Employee Campaign for Charitable Giving (the "campaign"), which is an annual campaign "to raise funds from state employees for charitable and public health, welfare, environmental, conservation and services purposes." Conn. Gen. Stat. § 5-262(a)(3). Specifically, you ask whether the State Employee Campaign Committee (the "Committee") may prohibit a federation1 from participating in the campaign if one or more of the federation's member agencies solicits from state employees during the designated campaign period other than through the campaign. You have also asked whether the Committee may require a federation that seeks to participate in the campaign to certify to the Committee that it will refrain from soliciting charitable contributions from state employees during the designated campaign period other than through the campaign.
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Watershed lands are among Connecticut’s most precious natural resources -- a legacy for future generations that we have a responsibility to preserve and protect. Besides their vital role in protecting the purity of the state’s water supplies, the natural beauty of these lands, undisturbed and tranquil, provides a refuge and respite from development and commercialism. These pristine lands are irreplaceable; once developed they are forever lost.
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This is in response to the letter from Representative Shawn T. Johnston dated February 4, 2000, inquiring whether the Governor can enter into a Memorandum of Understanding with the Veterans Memorial Casino Organization to allow it to operate high stakes bingo1 in Connecticut.
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By letter dated March 28, 2000 you requested an opinion as to whether Substitute Senate Bill 311, "An Act Concerning The Observance of Martin Luther King Day," if enacted, would unconstitutionally impair a municipality's contracts with its employee collective bargaining units."