The Office of the Attorney General William Tong
Formal Opinions
Page 17 of 42
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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for an opinion on certain issues concerning the repeal of the games of chance statutes.1 These statues, until they were repealed, allowed Las Vegas Nights charitable gambling in the state.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.
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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.
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By memo dated January 27, 1992 you requested an opinion from this office on whether state law can be construed to allow the Governor the option to not implement ("trigger off") an otherwise operable extended unemployment compensation benefit program (EB) should unemployment continue to rise to a certain level in this state. The purpose of this option is to allow the state's unemployed to be subject solely to a federally-funded emergency unemployment compensation (EUC) program. You also ask, assuming such a construction is allowable, whether the Governor may delegate the authority to "trigger off" state EB, as well as the authority to make all necessary contractual arrangements with the U.S. Department of Labor for administration of the EUC program, to the Administrator of the Unemployment Compensation Act pursuant to Conn.Gen.Stat. Section 31-250.
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Recently you requested an opinion regarding the State Department of Education's obligations in making certain grant awards pursuant to recently enacted legislation. More particularly, you asked: "[c]an the State Department of Education [(the "Department")] legally make a grant award to an organization identified in a fiscal note to the state's budget which is produced by the Office of Fiscal Analysis [("OFA")],)" The Department's Staff Director for Legal and Governmental Affairs subsequently narrowed the inquiry to whether the Department is ""under a legal obligation to make the payments specified in the fiscal notes or whether the fiscal notes are merely directory and authorize (the Department] to make payments in such amount to such persons as are identified in the fiscal notes."
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You have requested our advice regarding whether the Air Exchange Building, which is owned by the State of Connecticut and forms part of Bradley International Airport, and which has been leased and subleased to various persons and organizations, is subject to property taxation under Ch. 266b of the General Statutes.
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In your letter dated September 12, 1991, you asked us whether the conservator of the estate of a disabled child of a deceased member of the State Teachers' Retirement System is eligible for monthly benefits as a legal guardian under Conn.Gen.Stat. § 10-183h(a).
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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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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 opinion is in response to your letter dated June 19, 2006, requesting advice as to certain issues relating to the Connecticut estate tax that arise from legislation enacted by the General Assembly in 2005.
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You have asked whether transfers of surplus State property to municipalities, pursuant to Conn. Gen. Stat. § 3-14b , or pursuant to special or public acts of the Connecticut General Assembly directing the disposition of particular parcels of property, implicate the provisions of the Connecticut Environmental Policy Act
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You have requested our advice regarding the interpretation of Conn. Gen. Stat. 17a-17 and regulations promulgated thereunder. These provisions require the Commissioner of Children and Families and the Commissioner of Education to jointly develop regulations to implement "a single cost accounting system" which is the system of determining payment for room, board and education to private residential treatment centers.
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In your letter of May 12, 1994, you ask about the applicability of Conn. Gen. Stat. 51-44a(j) (non-disclosure of information)1 to evidence introduced at a "hearing" conducted by the Judicial Selection Commission (JSC) as required by 51-44a(e) (procedure for reappointment of judge to same court).
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Thank you for your letter of December 23, 2005, seeking my opinion concerning issues relating to your on-going efforts to procure voting machines that comply with the requirements of the federal Help America Vote Act (“HAVA”). Does Connecticut state law require that electronic voting machines utilize a “full face” ballot?
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You ask for our opinion on whether you may issue rulings on two issues that have been presented to you: (1) whether to approve the party designation "Independent Party" proposed by the Independent Party of Waterbury in connection with an anticipated gubernatorial candidacy
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We have received an inquiry from each of you relating to persons currently serving as justice of the peace. We first answer the Secretary's question and then that raised by the Speaker. 1. In a May 24, 1994, letter from Secretary Kezer, the Secretary inquires as to the validity of legislation providing for the extension of terms of current justices of the peace in light of Judge Dorsey's ruling in ACP v. Kezer, 2:92CV00550 (PCD) prohibiting holdover-terms after June 30, 1994. We answer that the legislation extending these terms is valid. 2. In an August 1, 1994, letter from Speaker Ritter, the Speaker asks whether "it is proper to fill vacancies which now exist" in the office of justice of the peace.