Formal Opinions
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Deputy Commissioner Gilligan requested our opinion as to whether the H.E.L.P. Program, as currently constituted, is insurance. The H.E.L.P. Program is a plan marketed as a contractual appendix to service agreements sold by fuel oil dealers to fuel oil customers. Two versions of the plan are marketed: one version provides for the clean up of the accidental release of oil on a customer's property caused by a leaking fuel oil tank: the other provides for the clean up and replacement of a defective tank.
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You have requested our advice on several issues involving the tourism districts created under Conn. Gen. Stat. § 32-302(a). Your first question is whether the tourism districts are exempt from state sales tax under § 12-412(l) as "political subdivisions" of the state or "agencies' of the state or any political subdivision thereof. You have also inquired whether the Single Audit Act, Conn. Gen. Stat. § 4-230 et seq. and/or the Municipal Auditing Act, Conn. Gen. Stat § 7-391 et seq. apply to the tourism districts. Your final question is whether the Department of Revenue Services has any responsibility under either the Single Audit Act or Municipal Auditing Act with regard to funds disbursed to the tourism districts.
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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 opinion wherein you raise the following issues: In response to a recommendation contained in the most recent report of the Auditors of Public Accounts on the University of Connecticut Health Center, we are examining available options relative to the Health Center's Academic Enhancement Fund.
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We are in receipt of a letter dated August 28, 1989, from Major John M. Watson wherein our opinion is sought concerning numerous compensation issues relating to highway constriction projects.
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In your letter, dated February 5, 1991, you requested our opinion concerning whether there are any limitations on a licensed professional engineer's authority to design buildings. You have noted the overlap of practices between architecture and professional engineering2 with regard to design of buildings and have asked us to review this matter.
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This is in response to your request for advice regarding access to nursing home facilities by patient advocates and ombudsmen. You have asked the following questions: 1. Does an Ombudsman/Patient Advocate have access to a facility to visit, observe conditions and operation only in response to a specific complaint? 2. Must an Ombudsman/Patient Advocate notify the administration or staff of the reason for their presence? 3. Can a facility require that a schedule including date and time of visits be posted with the intent of limiting access? 4. May a facility announce the presence of the Ombudsman/Patient Advocate over the PA system? 5. Can the facility require that a staff person accompany the Ombudsman/Patient Advocate? 6. Can the facility refuse to send an Accident and Incident or A500 report to the Ombudsman Office?
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This is in response to a request by former Commissioner Heslin for an opinion of the Attorney General concerning whether a board or commission member who is disqualified from acting and voting on a particular matter because of a conflict of interest, may, for the purposes of Conn. Gen. Stat. § 21a-7(6), be counted in determining if a quorum of such board or commission is present to legally act.
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The issue in this request for opinion is whether the Connecticut General Assembly can, by repealing the authorization for charitable Las Vegas Nights in Conn. Gen. Stat. § 7-186a et seq., eliminate the right of the Mashantucket Pequot Tribe (Tribe) to conduct a casino on its reservation in Ledyard.
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This is in response to your question as to whether the Compact between the Mohegan Tribe and the State of Connecticut allows off-track betting and viewing of races from hotel rooms at the Mohegan Sun Casino utilizing hotel telephones and television sets.
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Your office has asked whether the recent injunction regarding Connecticut's Sexual Offender Registration Act (SORA) issued by the United States District Court of Connecticut, and upheld by the Second Circuit, impedes in any way the implementation of Public Act 01-211, concerning victim notification. That Act requires victim notification of applications for exemption from the Sex Offender Registry or its notification requirements.
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This is in response to your letter dated August 27, 2001, in which you request our opinion on whether the Department of Economic and Community Development ("DECD") is a "public housing agency" within the purview of the United States Housing Act of 1937 ("Housing Act"), 42 U.S.C. § 1437 et seq., and, therefore, is an entity able to participate as a public housing agency in programs authorized under the Housing Act.
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This is in response to your request for an opinion from this office regarding the constitutionality of provisions of the proposed interstate banking bill which would set interest rate caps on credit cards as a condition of entry by out-of-state bank holding companies, out-of-state savings and loan holding companies, out-of-state banks, out-of-state savings banks, and out-of-state savings and loan associations.
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You have asked the advice of the Office of the Attorney General as to "whether Connecticut General Statute 17a-543 includes the Connecticut Department of Correction and/or whether Connecticut General Statute 17a-540(a) definition of 'facility' includes the Connecticut Department of Correction."
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The Honorable Speaker Sharkey asked for a formal opinion reexamining an opinion issued by Attorney General Richard Blumenthal on September 21, 1993, regarding the training requirements for various law enforcement officers (1993 Opinion).