1992 Formal Opinions
Page 1 of 3
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We are writing in response to your February 25, 1992, and February 27, 1992, requests for an Opinion on the constitutionality of proposed measures before the General Assembly which would impose durational residency requirements upon persons seeking General Assistance welfare benefits in the State of Connecticut. Specifically, you ask: 1) whether the State may deny General Assistance benefits to persons not satisfying a durational residency requirement; 2) whether the State may restrict General Assistance benefits for newcomers to a lower level of support than is available to longer term residents of Connecticut; and 3) whether any such restriction tied to the level of welfare support available in newcomers' previous states of domicile, is permissible.
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This is in response to your request for a formal opinion regarding the confidentiality of information that the Department maintains on individuals with acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), and hepatitis B.
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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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This is in response to your request for a formal opinion regarding the question whether municipalities of this state may utilize the services of an independent contractor, such as a collection agency, to aid municipal officials in collecting delinquent taxes.
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This is in response to your recent request for an opinion on whether the Division of Special Revenue must conduct a hearing, under the provisions of the Uniform Administrative Procedure Act (UAPA), prior to revoking a lottery agent's license1 for failure to meet pre-established minimum sales levels for on-line and instant lottery ticket sales.2 Specifically, you inquire as to whether a lottery license is a "license" as that term is contemplated by the UAPA. We also understand that a question is raised as to the practical need for a hearing inasmuch as evidence of sales levels is documented and, presumably, incontestable.
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By memo dated January 27, 1992 you requested an opinion from this office on whether state law can be construed to allow the Governor the option to not implement ("trigger off") an otherwise operable extended unemployment compensation benefit program (EB) should unemployment continue to rise to a certain level in this state. The purpose of this option is to allow the state's unemployed to be subject solely to a federally-funded emergency unemployment compensation (EUC) program. You also ask, assuming such a construction is allowable, whether the Governor may delegate the authority to "trigger off" state EB, as well as the authority to make all necessary contractual arrangements with the U.S. Department of Labor for administration of the EUC program, to the Administrator of the Unemployment Compensation Act pursuant to Conn.Gen.Stat. Section 31-250.
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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.
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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.