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Page 176 of 218
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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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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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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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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."
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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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Section 2-120 of the Connecticut General Statutes establishes a Latino and Puerto Rican Affairs Commission ("Commission") composed of thirteen members. Three of the members are appointed by the governor; two are appointed by the president pro tempore of the senate; one by the majority leader of the senate; two by the minority leader of the senate; two by the speaker of the house; one by the majority leader of the house; and two by the minority leader of the house. The gubernatorial appointees serve for terms of three years from February first of the year of their appointments, and all other appointees serve for terms of two years. You have asked whether commissioners must automatically leave the Commission when their terms expire, even if no one has been appointed to fill their positions, or whether they may continue to serve after their terms have expired until they are either reappointed or replaced as commissioners.
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Your office recently requested an opinion from this office regarding the following question: Whether a municipality, pursuant to Conn. Gen. Stat. § 12-162, may pursue and levy against the assets of delinquent municipal taxpayers held in custody by the State Treasurer in the form of abandoned property under the State's Unclaimed Property Laws?
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You have requested our opinion on whether the Department of Economic and Community Development ("DECD") may accept discounted repayments of financial assistance from financially distressed funding recipients either without or before complying with the provisions of Conn. Gen. Stat. § 3-7.
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Your department has asked for an opinion of this office on several liquor control issues involving the inspection of permit premises. Your first inquiry concerns the extent to which liquor control agents may search for, and seize, sundry evidentiary items in the course of an investigation. Specifically, you inquire about illegal gambling tickets or records and illegal gambling devices, as well as permittee guest books, invoices and coil cleaning records. Your second inquiry asks whether the department is able to seize "buy" money which is used in undercover investigations by liquor control agents. Your third inquiry concerns the detention of minors, or intoxicated persons, in a casino setting.
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You recently requested our advice regarding the Connecticut Supreme Court's decision in Velez v Commissioner of Correction, 250 Conn. 536 (1999). Specifically, you have asked us for clarification with respect to this decision's impact on DOC's procedure for determining when inmates become eligible for release to an approved community correction program pursuant to §18-100c.
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In your letter dated July 7, 1999, you requested the opinion of this Office as to whether the provisions of Public Act 97-148 entitle deputy sheriffs and special deputy sheriffs to receive health care benefits at state expense. Because this Office has also received several other letters inquiring whether various benefits are available to special deputy sheriffs, this opinion will consider special deputy sheriffs' entitlement to health insurance and life insurance, vacation and sick leave, paid holidays, personal leave, longevity pay and participation in the state retirement system.
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You asked for my advice concerning the payment of an invoice issued by a State agency for the purchase of 500 computers. It is my understanding that you have approved the purchase order issued by the Department of Children and Families ("DCF"), but that upon discovery of additional information, you now ask whether you can pay an invoice submitted for that purchase.
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Honorable Susan Bysiewicz, State Capitol, 1999-001 Formal Opinion, Attorney General of Connecticut
You have asked: If an elector files a written request to remove his/her social security number from the records of the registrars of voters (to whom the elector voluntarily gave it on his voter application card under section 9-20 of the General Statutes) may the registrar remove it from his/her records, and may the registrar of voters then refuse to provide such social security number to the Jury Administrator in the format prescribed under Section 51-222a?