The Office of the Attorney General William Tong
1993 Formal Opinions
Page 2 of 3
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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 reply to a request for advice asking if the person you appoint as an Executive Director of the Department of Public Utility Control (DPUC), pursuant to Conn. Gen. Stat. § 16-2(f), to fill a vacancy in that position receives an appointment for four years or rather serves the balance of the prior Executive Director's unexpired term.
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You have asked whether or not foster parents are entitled to representation and indemnification from the State of Connecticut. The corollary question is whether they are independent contractors and therefore not entitled to representation or indemnification.
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I write to respond to your request for an advisory opinion regarding religious exemption provisions included within Connecticut's child abuse and neglect statutes. The critical statutory language is contained in Conn. Gen. Stat. § 17a-104 (with essentially similar language found in Conn. Gen. Stat. § 46b-120) which provides: "...[t]he treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment."
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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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We are replying to your letters of January 14, 1993 and January 22, 1993 in which you ask whether the Governor has the constitutional and statutory authority to execute without legislative approval a Memorandum of Understanding between the State and the Mashantucket Pequot Tribe regarding the installation and operation of video slot machines (i.e., video facsimile games as defined in that Memorandum and the Federal Procedures to which it refers) at Foxwoods Casino at Ledyard, and whether the Secretary of the Interior has to approve the agreement or take any action relating to it
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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?
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You have requested a formal opinion from this office as to whether the Department of Administrative Service's ("DAS") use of private collection agencies on a contingency fee basis would be in violation of Conn.Gen.Stat. § 4-100 or any other section of the General Statutes of Connecticut.
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In your letter of August 12, 1993, you relate that by a Resolve of May, 1824, a Borough of Newtown was created. Subsequently the General Assembly passed 1931 Special Act No. 290 and 1953 Special Act No. 106 also relating to the formation of this borough. You ask three questions relating to this borough. First you ask whether the borough may be dissolved. Secondly you ask the procedure in accomplishing this dissolution. Thirdly you ask what legal requirements are imposed upon the officials of the borough to assist residents in bringing about dissolution.
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By letter dated February 26, 1993 you have asked for our advice as to whether an increase in the amount of money appropriated to municipalities under the Education Cost Sharing (ECS) grant program (Conn. Gen. Stat. e10-262h) which has been recommended by the governor for SFY 1993-94 is properly counted as a "general budget expenditure" for the purposes of determining whether the authorized expenditure limitation imposed by Conn. Gen. Stat. e2-33a, commonly known as "the spending cap", will be exceeded.
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We are writing in response to your letter of October 27, 1993 in which you request our advice on the question of whether the proceeds of a sale of certain pistols, the "Van Syckel Dragoons" (the "firearms"), by the State Library Board (the "Board") in connection with the deaccession of the firearms from the collection of the Raymond E. Baldwin Museum of Connecticut History, must be used exclusively for the purpose of furthering or of enhancing the Museum's collections of Colt materials.
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By letter dated December 2, 1992, you have requested an opinion as to whether the State Employees' Retirement Commission [hereinafter Commission or SERC] has the authority to place Nicholas A. Cioffi, who joined the State Employees' Retirement System [hereinafter SERS or the Retirement System] after July 1, 1984, in Tier I of that system, with no Social Security coverage.
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You have requested our advice on several questions related to 1992 Conn. Public Act 92-158, An Act Concerning Extending Continuation Benefits to the Unemployed (hereinafter "Public Act 92-158"). Public Act 92-158 amended Conn. Gen. Stat. e 38a-538, which requires employers to offer employees whose employment has terminated for reasons other than death the option to purchase continued health insurance coverage under the employer's group health plan at the same group rate. Public Act 92-158 extended the time period for such continuation coverage from 78 weeks to 104 weeks.