The Office of the Attorney General William Tong
Formal Opinions
Page 16 of 42
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You have requested our advice on two questions: (1) Whether under Conn.Gen.Stat. § 12-19a(a), a Payment in Lieu of Taxes (P.I.L.O.T.) grant is payable to a town for a correctional facility if such facility is not on the town's assessment list on the preceding October 1? (2) Whether Public Act No. 91-79, applies to towns that conducted revaluations prior to October 1, 1990 and currently are phasing in such revaluations?
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This letter is in response to your memorandum of August 4, 1992, in which you requested our opinion concerning the meaning and enforcement of Conn. Gen. Stat. §3-112. We understand from the correspondence which you provided with your memorandum that you have requested information and documentation from the Department of Revenue Services ("DRS") concerning the agency's processing of state income tax refunds. In particular, you have requested information concerning the numbers of refunds processed, when they were processed, how they were processed and the estimated number of refunds still pending. You have also inquired into possible reasons for any delays including any instructions which the agency may have given or received to delay the refund process or to separate refunds based on their face amount, and any hardware or software problems which may have occurred.
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In your letter of February 27, 1992, you posed the question whether the filing of an annual report by a trustee under mortgage may be waived by the Banking Commissioner.
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Robert Werner, Division Of Special Revenue, 1992-034 Formal Opinion, Attorney General of Connecticut
You have sought the advice of this office relating to the operation of an off-track betting system in the State of Connecticut. Specifically, you inquire whether, under Conn. Gen. Stat. § 12-167a(b), the operation of "an OTB betting branch facility in the Hartford Jai Alai Fronton would violate the proscription against locating a 'Facility' within 35 miles of the location of the Teletheater in the Town of Windsor Locks ... ?"
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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 is in response to your request for a formal opinion of the Attorney General, submitted in your capacity as Chairman of the Commission For Child Support Guidelines, on the following two questions: (1) Whether the child support guidelines, promulgated on January 1, 1991, are subject to the legislative review provisions of Public Act 91-209; and (2) Whether the January 1, 1991 child support guidelines, and all future guidelines, are subject to the rule-making procedures under the Uniform Administrative Procedure Act.
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Your office has asked this office for advice about the applicability and constitutionality of Public Act 97-58, 1, with regard to Allstate's "Do I Need An Attorney?" flyer.
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The Connecticut Real Estate Commission has requested the Attorney General's Office to render a formal legal opinion regarding the interpretation of C.G.S. § 20-317(a) as it relates to the following question: Does a non-resident real estate broker or real estate salesperson who is currently licensed in Connecticut under a bona fide Reciprocal Agreement need to qualify with course and experience and take a written exam to establish competency when such licensee becomes a resident of the State of Connecticut?
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You ask us whether the Division of Special Revenue (DOSR) may approve a contract between Autotote Enterprises, Inc., the licensee of the Connecticut Off-Track Betting System, and Wyvern International, Ltd., which would provide for simulcasting and common pool wagering on thoroughbred races in Australia pursuant to Conn. Gen. Stat. § 12-571(a).
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This opinion responds to your office's request for opinion concerning the proper application of Public Act 95-175 ("the Act") to operations in the Office of Victim Services
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Your Department has asked our opinion whether Section 6 of Public Act 00-201 requires that an owner of a residential underground heating oil storage tank system contract with a registered contractor for all work necessary for the removal or replacement of that tank system, and remediation as may be necessary, in order for the Underground Storage Tank Petroleum Clean-Up Account Review Board ("Review Board") to reimburse eligible costs.
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Section 2-120 of the Connecticut General Statutes establishes a Latino and Puerto Rican Affairs Commission ("Commission") composed of thirteen members. Three of the members are appointed by the governor; two are appointed by the president pro tempore of the senate; one by the majority leader of the senate; two by the minority leader of the senate; two by the speaker of the house; one by the majority leader of the house; and two by the minority leader of the house. The gubernatorial appointees serve for terms of three years from February first of the year of their appointments, and all other appointees serve for terms of two years. You have asked whether commissioners must automatically leave the Commission when their terms expire, even if no one has been appointed to fill their positions, or whether they may continue to serve after their terms have expired until they are either reappointed or replaced as commissioners.
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Your office recently requested an opinion from this office regarding the following question: Whether a municipality, pursuant to Conn. Gen. Stat. § 12-162, may pursue and levy against the assets of delinquent municipal taxpayers held in custody by the State Treasurer in the form of abandoned property under the State's Unclaimed Property Laws?
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You have requested our opinion on whether the Department of Economic and Community Development ("DECD") may accept discounted repayments of financial assistance from financially distressed funding recipients either without or before complying with the provisions of Conn. Gen. Stat. § 3-7.
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Your department has asked for an opinion of this office on several liquor control issues involving the inspection of permit premises. Your first inquiry concerns the extent to which liquor control agents may search for, and seize, sundry evidentiary items in the course of an investigation. Specifically, you inquire about illegal gambling tickets or records and illegal gambling devices, as well as permittee guest books, invoices and coil cleaning records. Your second inquiry asks whether the department is able to seize "buy" money which is used in undercover investigations by liquor control agents. Your third inquiry concerns the detention of minors, or intoxicated persons, in a casino setting.