The Office of the Attorney General William Tong
Formal Opinions
Page 8 of 42
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Kevin J. Rasch, Esq., Legal Counsel, Formal Opinion 2006-005, Attorney General State of Connecticut
You have requested an opinion concerning a proposed resolution by the City of New London (“City”) to deal with the issue of the continuing possession of certain properties by their former owners after the properties were taken by eminent domain.
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You have sought our advice regarding the issue of whether a hospital which has been licensed as a chronic disease hospital may be issued a second chronic disease hospital license for a discrete portion of its premises which it intends to operate as a rehabilitation unit.
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By letter dated July 6, 1994, your office made an inquiry pertaining to 15 of 1994 Conn. Pub. Act No. 94-6 of the May Special Session (hereinafter the "1994 Act"). The July 6, 1994 letter phrased the question as follows: Subsequent to your legal opinion of May 24, 1994, the General Assembly passed Public Act 94-6(15), copy enclosed, which provides for a definition of 'Free Standing Chronic Disease Hospitals' applicable retroactively to the fiscal year commencing July 1, 1993. As a result of this amendment, we respectfully request a formal opinion on the impact this revision has in relationship to the grand list year and fiscal year Free Standing Chronic Disease Hospitals payments should commence.
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You have requested an opinion on whether the one million dollar annual cap on assessments by the Connecticut Siting Council (“Council”) contained in Conn. Gen. Stat. § 16-50v (b)(1) is a cap on assessments on individual energy companies or a cap on total assessments on the energy industry as a whole.
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As you know, Section 31-57f of the Connecticut General Statutes provides for the payment of a standard wage rate to certain service workers employed by contractors of the state or its agents.
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This will respond to your request for advice concerning State funding for the purchase, by the Town of East Haven, of property of the Colony Beach Club. Specifically, you inquire as to whether the use of State funds for such a purchase would make the facility available for use by all Connecticut residents.
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In a letter dated July 21, 1994 you wrote to the Attorney General seeking an opinion concerning the status of the Mobil Oil Corporation pursuant to a cost reimbursement request to the Underground Storage Tank Petroleum Clean-up Fund Review Board ("Review Board").
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You have asked my opinion regarding the Judicial Review Council’s obligation to permit public access to records of investigations of complaints of judicial misconduct.
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You have asked for an opinion on the following two questions: 1. Does a municipal corporation have the authority to set different mill rates for the taxation of non-vehicle personal property and real property located within the same municipal tax or sub tax district? 2. Does OPM have the authority to pursue a reimbursement, either by direct payment or by offsetting the pending claim of the City of Stamford, for grant claims it has paid based upon Grand List years 1999, 2000 and 2001?
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You have asked for our opinion as to whether section 9 of 1993 Conn.Pub. Acts No. 93-388 applies to the payments in lieu of taxes made under Conn.Gen.Stat. 12-20a for fiscal year 1993-1994 due in September of this year.
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This letter is in response to your request for our opinion as to whether a pharmacy engages in fee-splitting, in violation of Conn. Gen. Stat. 20-175(7), if physicians who own stock in the pharmacy receive certain benefits from their stock ownership.
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This letter is in response to your request for a formal legal opinion as to whether $2.8 million designated for non-emergency medical transportation and vision benefits under the State-Administered General Assistance program (“SAGA”) in the recently approved state budget may be spent without further legislative action
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You have requested our opinion with respect to an application by the Town of Trumbull for a temporary moratorium from the affordable housing land use appeals procedure under the provisions of Conn. Gen. Stat. § 8-30g(l).
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In your letter of March 16, 1993, you requested our opinion regarding the ability of the Department of Mental Health to obtain information on individuals who are receiving services from grantee agencies of the Department of Mental Health (DMH). Specifically, DMH seeks to require these grantee agencies to supply information regarding patients which is subject to the statutory psychiatric privilege set forth in Conn.Gen.Stat. § 52-146d et seq. Disclosure of patient information to DMH without prior patient consent would be a condition of reimbursement or funding of the grantee agency.
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You have asked whether the Board of Education and Services for the Blind ("BESB") has the authority under Conn. Gen. Stat. § 10-303 to seek to provide all the food services that Central Connecticut State University ("CCSU") determines are desirable at the University if BESB decides it wants to pursue that location for the placement of blind vendor operated food service facilities.