The Office of the Attorney General William Tong
2005 Formal Opinions
Page 2 of 3
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In your letter dated June 7, 2005, you have asked for advice concerning the length of time for which accessory apartments must be deed-restricted for affordable housing to allow such apartments to be considered in determining whether a town has sufficient existing affordable housing to qualify for a temporary moratorium pursuant to Conn. Gen. Stat. § 8-30g(l). According to your letter, the Town of Trumbull has submitted an application for a moratorium which includes 106 ten year deed restricted accessory apartments.
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You have requested our advice regarding the scope of the State Building Inspector's authority over local building officials.
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This is to respond to your request for advice of December 15, 2004 which asks if a participating board of education may charge an administrative fee in addition to the insurance premium charged for coverage selected by a retired teacher. This retiree receives a pension from the State Teachers' Retirement System, but is also covered by health insurance through the retiree's last employing board of education.
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This is in response to the request for an opinion from your agency on the legality of devices known as "three button slot machines," and whether these devices fall within the definition of "video facsimile" as used in the agreements between the State of Connecticut and the Mashantucket Pequot Tribe and Mohegan Tribe. The agreements require the tribes to contribute twenty-five percent of their gross operating revenues from the operation of video facsimile machines at the tribal casinos, provided no other person within the state may lawfully operate "video facsimile games or other commercial casino games."
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Representative Robert M. Ward, 2005-025, Formal Opinion, Attorney General of Connecticut
You have requested a formal legal opinion concerning the protections afforded to members of the General Assembly by Conn. Gen. Stat. § 2-3a, which prohibits discrimination in the workplace against those who hold the office of state senator or representative.
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You have asked for a formal opinion regarding the possible consequences of enacting Substitute House Bill 6438, An Act Extending Husky Plan, Part A Benefits for Parents and Needy Caretaker Relatives. The proposed Bill would temporarily continue the Medicaid eligibility of individuals whose eligibility for Medicaid under the Transitional Medical Assistance ("TMA") coverage group will end between March 31, 2005 and May 31, 2005. Eligibility for this group of individuals would be extended through June 30, 2005 under the proposed Bill. You inquire whether or not this proposed temporary extension of benefits may "ultimately allow these adults to qualify for any additional extension under federal law?"
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You have requested our advice regarding the State Marshal Commission's course of action regarding auditing the records of a deceased marshal. You advised us in your letter that the daughter of a deceased marshal inquired of your office as to whether or not she could "continue to collect on wage executions," which collection had apparently been commenced by her deceased father but had not been completed at the time of his death.
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You have asked whether the exclusion under Conn. Gen. Stat. § 38a-860(f)(2)(D)(iii) of the Connecticut Life and Health Insurance Guaranty Association Act ("Act") applies to an excess loss health insurance policy issued by Legion Insurance Company ("Legion"), an insurance carrier that is in liquidation, to ProFlow, Inc. ("ProFlow"), a Connecticut corporation, which procured the policy as part of its health benefits plan for its employees.
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Through your General Counsel, Catherine E. LaMarr, you requested an opinion of this Office on a matter concerning the Second Injury Fund and its assessment audit program. At issue is the meaning of the statutory language "from the date the sum should have been paid" with respect to the statutory interest penalty in Conn. Gen. Stat. §31-354(a). You indicate that the Fund has been applying the statutory interest penalty from the beginning of the audit period on any unpaid amounts resulting from accounting errors, reporting errors, or otherwise.
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Honorable J. Robert Galvin, M.D., M.P.H., 2005-023 Formal Opinion, Attorney General of Connecticut
Your department has requested our opinion as to the authority of a local health department to conduct warrantless inspections and its authority to issue "hold" orders on food items.
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This letter responds to your request for a formal opinion on two questions that have arisen in connection with Substitute Senate Bill No. 963, "An Act Concerning Civil Unions" (File No. 24), passed by the Senate on April 6, 2005, and soon to be considered by the House of Representatives.
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This is in response to your request for an Attorney General's Opinion on whether the disclosure by the Department of Social Services ("DSS") to the Offices of the Connecticut Attorney General and the Connecticut Child Advocate of information concerning Medicaid medical assistance recipients, to be used in an investigation into the liability of insurance companies for the cost of services paid for by Medicaid, is provided for purposes directly connected with the administration of the Medicaid program, and is fully permitted by federal law.
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In your letter of November 1, 2004, you have asked our opinion whether Teikyo Post University should continue to be considered eligible to participate in the Connecticut Independent College Student Grant Program given that on or about October 22, 2004 the University was sold to a group of private investors who will, contrary to prior practice, operate the University as a "for profit" entity.
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You have requested our advice on whether the Department of Correction should continue to follow its procedure of initiating speedy trial paperwork for an arrest warrant that has not been served. You advised us that the Court Operations Division of the Judicial Branch sent you a memorandum in which they indicate that the right to a speedy trial does not apply to an arrest warrant that has not been served
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You have each separately requested the opinion of the Attorney General concerning the eligibility of Connecticut state employees to receive retirement credit under Connecticut General Statutes §§ 5-192i(j) and 5-192j(d)1 for periods of full-time National Guard service in the armed forces of the United States. Such service may occur both while an individual is employed by the State of Connecticut, during periods of extended military leave, and, if the service occurred in time of war as defined by Connecticut General Statutes § 27-103, or qualifies as national emergency service, as defined by law, during periods of time which may have preceded an individual's state employment.