Formal Opinions
Page 18 of 42
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Hon. 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...."
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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.
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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.
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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).
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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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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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This is in response to your letter dated January 31, 1994, in which you request a formal opinion of the Attorney General concerning an issue relating to the jurisdiction of the tax review committee (hereinafter "the committee") under Conn. Gen. Stat. § 12-3a. Please advise me whether the tax review committee has statutory authority to consider and to waive any penalty in excess of one hundred dollars that the Commissioner of Revenue Services has determined not to waive.
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Former Commissioner Heslin requested an opinion from this office on "whether any consumer commodity which is not individually marked with its current selling price is in violation of Conn. Gen. Stat. § 21a-79 and § 21a-79-a of the Regulations of Connecticut State Agencies."
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In your letter dated June 25, 1990, you requested our opinion on the following questions regarding the meaning of subsection (g) of Section 7-147b of the Connecticut General Statutes: If the possible creation of a local historic district is being considered by a municipality under Conn. Gen. Stat. §7-147a and 7-147b, and if a municipality owns real property within the proposed local historic district, is the municipality's legislative body entitled to vote, under Conn. Gen. Stat. §7-147b(g), on the proposed establishment of the district? Under the circumstances described in (1) above, would community members, either those in the municipality as a whole or only those within the proposed historic district, be entitled to cast a vote as collective owners of the municipal property in a vote taken under Conn. Gen. Stat. §7-147b(g)?
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The issue in this request for opinion is whether the census data, received by the state on January 24, 1991, constitutes "the most recently completed decennial census" within the meaning of Conn. Gen.. Stat. §30-14a.
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Audrey 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.
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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").
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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.
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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.
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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?