2007 Formal Opinions

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• Honorable Jeanne Milstein, Child Advocate, Formal Opinion 2007-008, Attorney General State of Connecticut

  This letter responds to your request for a formal opinion on whether the Department of Children and Families (DCF) is prohibited by the federal Public Health Service Act, 42 U.S.C. § 290dd-2 (the Federal Act) from disclosing to the Office of the Child Advocate (OCA) certain substance abuse treatment records that you requested pursuant to your authority under Conn. Gen. Stat. § 46a-13m.

• Honorable Jerry Farrell, Jr., Department of Consumer Protection, Formal Opinion 2007-025, Attorney General Attorney State of Connecticut

  In your August 28, 2007 memorandum, you sought this Office’s advice regarding the interpretation of Conn. Gen. Stat. § 20-417i(n) of the New Home Construction Contractors Act, and Conn. Gen. Stat. § 20-432(o) of the Home Improvement Act

• Honorable John Danaher, Commissioner of Public Safety, Formal Opinion 2007-007, Attorney General State of Connecticut

  You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.

• Honorable Louis C. DeLuca, Senate Minority Leader, Honorable Andrew Roraback, State Senator, 30th District, Formal Opinion 2007-006, Attorney General State of Connecticut

  You have requested our opinion as to whether Section 27-76 of the Connecticut General Statutes permits honor guards from bona fide Connecticut State Veteran’s Organizations to accept pay at a rate of less than the fifty dollars per day as set forth in that statute.

• Honorable Pam Law, Commissioner of Revenue Services, Formal Opinion 2007-014, Attorney General State of Connecticut

  This opinion is in response to your request for advice on whether § 33 of Public Act 07-253 (Public Act), which imposes a tax on gross earnings from the provision of community antenna television service, video programming service by satellite, and certified video programming service in the State

• Peter A. Clark, Executive Director, Judicial Review Council, Formal Opinion 2007-032, Attorney General State of Connecticut

  Thank you for your letter requesting my opinion on two questions: (1) whether the Judicial Review Council (“the Council”) has jurisdiction over misconduct committed by acting workers’ compensation commissioners appointed on a per diem basis pursuant to Conn. Gen. Stat. § 31-280(a)

• Honorable Michael A. Christ, Deputy Majority Leader, Formal Opinion 2007-005, Attorney General State of Connecticut

  You have asked for our opinion whether federal and state law permits a municipality to operate a Department of Housing and Urban Development (“HUD”) Section 8 housing program outside of its geographical area.

• Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-021, Attorney General State of Connecticut

  I appreciated your September 25, 2007 letter raising additional questions about the Department's responsibilities under the federal Low Income House Energy Assistance Program (LIHEAP)

• Honorable Michael P. Starkowski, Commissioner, Department of Social Services, Formal Opinion 2007-028, Attorney General State of Connecticut

  Your agency has requested our legal advice concerning the impact of Conn. Gen. Stat. § 46b-38aa et. seq., on eligibility for certain programs of the Department of Social Services.

• Honorable Michael Starkowski, Commissioner Department of Social Services, Formal Opinion 2007-020, Attorney General State of Connecticut

  In response to questions raised by the Auditors of Public Accounts related to a whistleblower complaint, you have asked my opinion on two related questions concerning the Department of Social Services’ (the Department or DSS) administration of the federal Low Income House Energy Assistance Program (LIHEAP) in Connecticut, by and through Community Action Agencies

• Honorable Nancy Wyman, Comptroller, State of Connecticut, Formal Opinion 2007-012, Attorney General, State of Connecticut

  This letter is in response to your request for a formal legal opinion as to whether, pursuant to Conn. Gen. Stat. § 5-259, municipalities may purchase risk-pooled, self-funded health insurance through the Municipal Employees Health Insurance Plan

• Honorable Patricia H. Mayfield, Commissioner, Department of Labor, Formal Opinion 2007-027, Attorney General State of Connecticut

  You have asked for advice on whether inmates working within a correctional institution other than as part of an enterprise program combining State Use Industries with Private Sector Prison Industries may be considered employees of the Connecticut Department of Correction

• Honorable Robert Farr, Chairman, Board of Pardons and Paroles, Formal Opinion 2007-018, Attorney General State of Connecticut

  This letter responds to your request for a formal opinion on “whether or not the Board of Pardons has the authority to commute a non-parole eligible offense, as defined by CGS § 54-125a(b)(1), to make it a parole eligible offense.”

• Honorable Susan B. Bysiewicz, Secretary of the State, Formal Opinion 2007-009, Attorney General State of Connecticut

  You have asked for a formal opinion as to whether Connecticut's "Voter's Bill of Rights" requires municipalities to provide a voting system accessible to the physically disabled in each polling place in non-federal elections, including elections held this year.

• Honorable Susan Bysiewicz, Secretary of the State, Formal Opinion 2007-016, Attorney General State of Connecticut

  You have asked this Office for an opinion concerning the use of the City of New Haven’s “Elm City Resident Cards" during the electoral process. Specifically, you have asked us to opine whether your Office has the legal authority to issue the following directives with respect to the use of such cards by individuals seeking to vote or register to vote in Connecticut