The Office of the Attorney General William Tong
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Page 175 of 215
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You have asked for advice regarding the legal consequences of the General Assembly's approval of a particular arbitration award. In your letter of May 10, 2000, you explained that the leadership of the General Assembly is considering calling a special session to approve a recent arbitration award between the State of Connecticut and the Administrative and Residual Union P-5 Bargaining Unit (hereinafter "A&R"), pursuant to Conn. Gen. Stat. § 5-278(b). Before the General Assembly will be able to convene to approve the award, however, you anticipate that the State will file in the superior court an application to modify or vacate it. You ask, therefore, what effect the General Assembly's approval of the award may have on the State's legal challenge to it.
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You recently requested an opinion from this office regarding the following questions: 1. Is the filing of a notice and fee by a federally-registered investment adviser under Section 36b-6(d) or 36b-6(e) of the Connecticut General Statutes, for which a letter of acknowledgment is issued by the Department, considered to be a "license or permit to operate a business in this state" within the meaning of Section 31-286a(b) of the Workers' Compensation Act? 2. Is the filing of an annual notice renewal fee by such an investment adviser under Section 36b-6(e) of the Connecticut General Statutes considered the renewal of a license or permit within the meaning of Section 31-286a(b) of the Act? 3. If the response to either of the foregoing questions is yes, is Section 31-286a(b) of the Act preempted because it exceeds what is reserved to the states under Section 307(a) of NSMIA, viz., the filing by federally-registered investment advisers of any documents filed with the SEC? 4. If it is determined that Section 31-286a(b) of the Act is preempted, will the Department be liable for failure to comply with Section 31-286a(b) if it fails to obtain from federally-registered investment advisers sufficient evidence of current compliance with the workers' compensation insurance coverage requirements of Section 31-284?
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You have asked for our opinion on whether towns can spray for mosquitoes in areas in which the Department of Environmental Protection (DEP) does not intend to spray and whether towns can prevent the state from conducting its own spraying program within town boundaries.
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This is in response to your letter dated March 7, 1996, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) for injured workers pursuant to the provisions of the Connecticut Workers' Compensation Act as it may be affected by recent decisions of the Workers' Compensation Review Board (CRB).
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You have asked whether Commissioners of the Department of Public Utility Control (DPUC) may accept post-State service employment by a subsidiary of a public service company or of a company certified to provide intrastate telecommunications services if the subsidiary is not itself a public service company or is not a company certified to provide telecommunications services within Connecticut.
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You recently wrote to this office explaining your desire to establish a global combined investment fund to replace nine combined investment funds currently in use. The proposed combined investment fund would include retirement funds as well as seven non-retirement trust funds (hereinafter the "seven funds").
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You have inquired as to the proper interpretation of Conn. Gen. Stat. §2-3a, which prohibits employers from discriminating against employees who are members of the general assembly. Specifically, you ask what is included in the term "duties of such office" as used in the statute, whether the "time off" provision contained in the statute applies to campaigning, and who determines the scope of a legislator's duties.
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This is in response to your request for an opinion inquiring whether the Commissioner of Economic and Community Development ("Commissioner") has the authority to amend the assistance agreement (the "Agreement") between the former Department of Economic Development, now the Department of Economic and Community Development ("DECD"), and the Dun & Bradstreet Company ("Dun & Bradstreet"), and whether such amendment, if permissible, must be submitted to this office for approval.
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This is in response to your request for an opinion of the Attorney General on your authority to review an application under Conn. Gen. Stat. § 38a-132 concerning the acquisition of The Aetna Casualty and Surety Company and The Standard Fire Insurance Company by The Travelers Insurance Group (hereinafter referred to as "the Travelers application") following a decision by Insurance Commissioner George M. Reider, Jr., to recuse himself.
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.
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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."