Formal Opinions
Page 23 of 42
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You have asked for my opinion whether the contract entered into by the Department of Social Services (DSS) with the Community Health Network of Connecticut, Inc.(CHN) to provide medical services to eligible clients under the State-Administered General Assistance program (SAGA) is a personal service agreement which must comply with the competitive bidding or competitive negotiations provisions of Conn. Gen. Stat. § 4-212 et seq.
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As you have described in prior communications, including your recent letter to me dated April 28, 2004, the Office of Policy and Management ("OPM") and the Department of Public Works ("DPW") have been attempting to make an appropriate and beneficial disposition of certain surplus State property, namely the property and facilities known as the Norwich State Hospital (the "Hospital"). You previously requested and received from me a formal opinion (dated April 12, 2004) treating certain questions regarding the legal ramifications of allowing a consultant to the State, named Spaulding & Slye, to submit a competitive proposal for its own purchase and development of the Hospital after it had worked for many months, under contract to the State, studying the possible development and sale of the Hospital, and helping to solicit and evaluate proposals for the property from other parties.
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In June 2000, the Office of Policy and Management retained Spaulding & Slye ("S&S") as a consultant to assist in the development and marketing of the Norwich State Hospital property. The 2000 contract also gave S&S the right to offer to purchase the property. The contract with Spaulding & Slye terminated in December 2003 and in March 2004 OPM issued a Request for Proposals ("RFP") for the purchase and development of the hospital property. In a letter dated March 3, 2004 you have asked whether Spaulding & Slye may submit a proposal in response to the RFP and what the state's legal exposure would be from other bidders if S&S is allowed to submit a proposal or from S&S if a bid from them is precluded. Subsequently on March 5, 2004, you also asked whether the state may place a restriction on the property prohibiting it from being annexed by an Indian Tribe.
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You have raised several questions concerning the statutes governing the establishment and activities of the Soldiers', Sailors' and Marines' Fund (&quo;Fund"), as well as the current operation of the Fund. In particular, you have inquired whether: i) these statutes' apparent delegation of public functions to a private agency, in this instance the American Legion, violates constitutional principles; ii) whether current law restricts expending Fund assets for administrative expenses; and iii) whether the law would permit the Department of Veterans' Affairs ("DVA") to conduct the intake and processing of veterans' applications for benefits from the Fund.
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You have asked for an opinion whether non-profit employers’ mutual insurance associations under Conn. Gen. Stat. §§ 31-328 to 31-339 (“Mutual Association Statutes”) are “insurance companies” within the meaning of Conn. Gen. Stat. §12-201(4) and are therefore subject to the Connecticut insurance premium tax, Conn. Gen. Stat. §§12-201 to 12-212a (“Connecticut Premium Tax”).
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You have requested an opinion as to whether the provisions of Public Act No. 05-107, An Act Protecting Consumers in the Making of Income Tax Refund Anticipation Loans (Act), and in particular the provision limiting the interest rate on income tax refund anticipation loans, are enforceable (a) against national banks doing business in Connecticut or (b) against "facilitators" of such loans by national banks.
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You have requested a formal opinion whether the Department of Revenue Services (DRS) is required to release certain tax documents and information to the Legislative Program Review and Investigations Committee (Committee) in connection with the Committee’s study of Connecticut’s tax system. In addition, you ask, if we conclude that DRS is required to provide the Committee such documents and information, may the Committee permit access to an outside consultant with which the Committee may contract to conduct a compilation and analysis of the tax data.
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This is in response to your request for an opinion on whether it would be lawful, under Conn. Gen. Stat. § 30-77(b), for students at Connecticut College to form a brewing club for the purpose of making beer on the college campus in New London, Connecticut, without a liquor permit required by the Liquor Control Act. Consumption would be restricted to persons over the age of twenty-one.
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This letter is in response to your request for a formal legal opinion concerning the authority of the Judicial Review Council (the "Council") to initiate investigations into judicial conduct. Specifically, you question whether the Council "may proceed to independently initiate an investigation based on information discovered by the Council." Such information might "include an anonymous complaint or other information which becomes known to the Council, other than through a notarized complaint." If the Council may initiate an investigation based on such information, you question what the applicable procedures are.
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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 asked for a formal legal opinion regarding the recommendation by the Judicial Selection Commission of Joseph Mengacci for nomination as a judge. You ask specifically what actions constitute "consideration" of a candidate's application by the Judicial Selection Commission (hereinafter "Commission"). As you set forth in your letter, Conn. Gen. Stat. § 51-44a(l) prohibits a former Commission member from being "considered for recommendation to the governor for nomination as a judge" for two years after termination of his tenure on the Commission.
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This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.
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This is in response to your request for a reconsideration of a previous informal opinion, and request for a formal opinion, on whether you can give permission to Autotote Enterprises, Inc. (AEI) to install Color Tiny TIMs (CTTs) and Hand Held Personal Account Terminals (PATs) at the Mohegan Sun Race Book under the terms of the Mohegan Tribe – State of Connecticut Gaming Compact.
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A recent inquiry from the City of Waterbury has brought to our attention that some marshals are charging a fee of fifteen per cent of the amount of taxes collected for the service of alias tax warrants under Conn. Gen. Stat. § 52-261 as amended by Public Act No.03-224.
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This is in response to your request for an opinion on the lawfulness of a proposed entertainment program at liquor permit premises involving the playing of poker for prizes. The proposal comes in the wake of recent announcements outlawing the betting on poker tournaments due to criminal laws against gambling.