1992 Formal Opinions
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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 will respond to your request for an opinion of the Attorney General concerning political activity of commissioners of the Public Utility Control Authority. The provisions of Conn. Gen. Stat. § 16-5 provide that a commissioner may be removed for: "Misconduct, material neglect of duty, incompetence in the conduct of his office, or active participation in political management or campaigns by any commissioner.... In particular you ask whether the following two scenarios present violations: attendance at dinners, or social events (1) in connection with financial contributions to political parties or candidates of such political parties for public office; or (2) in connection with the affairs of the political parties or their candidates, without regard to any financial contributions.
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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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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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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 of May 12, 1992, you join with Howard G. lger, M.D., Chairman of the Board of Pardons, in seeking our opinion as to the respective authority of the Governor and the Board in the granting of pardons for persons sentenced to death.
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By letter dated April 8, 1992, you requested our advice on the obligations of the department of public safety under Conn. Gen. Stat. § 29-196. You are specifically concerned with the provisions of Conn. Gen. Stat. § 29-196 which deals with the issuance of renewal certificates for elevators. You advise us that it is the practice of your department to issue a renewal certificate upon receipt of the appropriate fee and to subsequently inspect the elevator as required by Conn. Gen. Stat. § 29-195. You ask us whether the practice, as you have described it, is consistent with the provisions of Conn. Gen. Stat. § 29-196.
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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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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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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 November 25, 1991, you request our guidance concerning the issue of personal liability of state officials in light of the Supreme Court's decision in Hafer v. Melo, 112 S.Ct. 358 (1991). To better respond to the issues posed in your letter, we have framed your inquiry as follows: 1. How does the decision of the United States Supreme Court in Hafer v. Melo affect a state official's exposure to personal liability pursuant to 42 U.S.C. § 1983 for acts performed as part of his official duties? 2. Under what circumstances will the state provide for the defense as well as indemnification of a state official when sued personally pursuant to 42 U.S.C. § 1983 for acts taken in the course of the performance of his official duties?
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This letter is in response to your request of June 2, 1992 for our opinion concerning the licensing of pharmacies which are owned by physicians.
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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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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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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.