The Office of the Attorney General William Tong
2003 Formal Opinions
Page 1 of 2
-
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.
-
This is in response to your request for an opinion on certain issues concerning the repeal of the games of chance statutes.1 These statues, until they were repealed, allowed Las Vegas Nights charitable gambling in the state. The repealer, enacted during the January 6, 2003 Special Session in 2003 Conn. Pub. Acts (Jan. 6 Spec. Sess.) 03-1, terminated this type of gambling effective January 7, 2003 in an effort to prevent federal allowance of more Indian casinos in Connecticut.
-
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.
-
The Honorable James Amann, State Capitol, 2003-002 Formal Opinion, Attorney General of Connecticut
This letter is in response to your request for a formal legal opinion as to the proper construction of Conn. Gen. Stat. § 51-44a, which governs the appointment of the Judicial Selection Commission, given an internal inconsistency in the statute created by the recent reapportionment of Connecticut's congressional districts.
-
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']?"
-
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.
-
The Honorable Nancy Wyman, Comptroller, 2003-004 Formal Opinion, Attorney General of Connecticut
You have asked for a formal opinion as to whether the State is obligated to provide recently laid off state employees with certain severance benefits, including payment of the State's share of health insurance premiums for a period of six months after their termination from state service, pursuant to certain collective bargaining agreements and during administrative proceedings and/or additional negotiations with the unions on this issue.
-
You have requested advice regarding the Early Retirement Incentive Program (ERIP) enacted in 2003 Conn. Pub. Acts No. 03-02. This retirement program was extended by the legislature to state employees who are members of the State Teachers' Retirement System (TRS or the system) in 2003 Conn. Spec. Acts No. 03-02.
-
Your staff has asked whether persons convicted of violating Conn. Gen. Stat. § 53a-73a, Fourth Degree Sexual Assault, under Conn. Gen. Stat. §§ 53a-8 (Accessory), 53a-48 (Conspiracy), or 53a-49 (Attempt) are required to register pursuant to Conn. Gen. Stat. § 54-251. That statute requires registration of persons convicted of a "nonviolent sexual offense," defined as persons convicted of violating Conn. Gen. Stat. § 53a-73a.
-
You have asked whether certain vehicle identification number ("VIN") etching reimbursement products ("the Products") should be regulated as insurance under Title 38a of the Connecticut General Statutes.
-
In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
-
In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
-
Your office has requested a formal opinion regarding whether the Department of Veterans' Affairs (hereinafter "DVA") has properly amended its Veterans' Benefits Guide (hereinafter "Guide") to reflect recent changes in the law.
-
You have requested a formal opinion as to whether employees of state-aided institutions, as defined in Conn. Gen. Stat. § 5-175, are authorized to participate in the Early Retirement Incentive Program (ERIP) created in 2003 by Conn. Pub. Act No. 03-02. If the answer to this question is in the affirmative, you have also inquired as to whether such employees are bound by the reemployment provisions contained in the State Employees Retirement Act, Conn. Gen. Stat. §§ 5-152 to 5-192x (hereinafter SERA or the Retirement Act).
-
You have asked for a formal legal opinion concerning the General Assembly's authority to enact a continuing resolution to appropriate funds for the operation of the state government in the absence of a state budget. As you note in your July 11, 2003 letter, the General Assembly passed two biennial budget bills earlier this year, both of which were vetoed by Governor Rowland. Given the lack of a budget for the new fiscal year beginning July 1, 2003, the General Assembly passed a two week continuing resolution or temporary appropriations measure on June 30, 2003.