The Office of the Attorney General William Tong
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Page 96 of 214
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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.
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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.
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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']?"
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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.
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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.
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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.
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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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The issue addressed in this opinion is whether Special Revenue Investigators may carry firearms.1 Special Revenue Investigators are employed by the Division of Special Revenue (DOSR) to investigate violations of the state's legalized gambling laws. In addition, they are statutorily granted the powers of State Police to make arrests for criminal offenses2 arising from the operation or conduct of the State's off-track betting and lottery.
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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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You have requested our advice regarding whether the Air Exchange Building, which is owned by the State of Connecticut and forms part of Bradley International Airport, and which has been leased and subleased to various persons and organizations, is subject to property taxation under Ch. 266b of the General Statutes.
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Recently you requested an opinion regarding the State Department of Education's obligations in making certain grant awards pursuant to recently enacted legislation. More particularly, you asked: "[c]an the State Department of Education [(the "Department")] legally make a grant award to an organization identified in a fiscal note to the state's budget which is produced by the Office of Fiscal Analysis [("OFA")],)" The Department's Staff Director for Legal and Governmental Affairs subsequently narrowed the inquiry to whether the Department is ""under a legal obligation to make the payments specified in the fiscal notes or whether the fiscal notes are merely directory and authorize (the Department] to make payments in such amount to such persons as are identified in the fiscal notes."
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We are in receipt of your letter dated October 28, 1992, in which you ask, whether, under Conn. Const. Art. III, § 11 and Conn. Gen. Stat. § 2-5, the so-called "dual job bans," a member-elect of the General Assembly may assume the duties of an appointed position in the legislative branch prior to the completion of his current legislative term.
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In your March 16, 1992 letter, you have sought this Office's advice as to whether a consumer may access the Home Improvement Guaranty Fund on more than one occasion against the same contractor.
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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?
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We are in receipt of a letter dated December 3, 1991, from the Commission's Administrator, John C. Ford, with an attached letter dated October 21, 1991, from Dr. Roger J. Harris. The issue on which you seek our guidance is whether the Commission must conduct an administrative hearing on the individual's application based upon the oral surgeon's letter dated October 21, 1991, which your agency interprets as a request for such a hearing.