Formal Opinions
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Former Commissioner Heslin requested an opinion from this office on "whether any consumer commodity which is not individually marked with its current selling price is in violation of Conn. Gen. Stat. § 21a-79 and § 21a-79-a of the Regulations of Connecticut State Agencies."
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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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In your letter dated June 25, 1990, you requested our opinion on the following questions regarding the meaning of subsection (g) of Section 7-147b of the Connecticut General Statutes: If the possible creation of a local historic district is being considered by a municipality under Conn. Gen. Stat. §7-147a and 7-147b, and if a municipality owns real property within the proposed local historic district, is the municipality's legislative body entitled to vote, under Conn. Gen. Stat. §7-147b(g), on the proposed establishment of the district? Under the circumstances described in (1) above, would community members, either those in the municipality as a whole or only those within the proposed historic district, be entitled to cast a vote as collective owners of the municipal property in a vote taken under Conn. Gen. Stat. §7-147b(g)?
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The issue in this request for opinion is whether the census data, received by the state on January 24, 1991, constitutes "the most recently completed decennial census" within the meaning of Conn. Gen.. Stat. §30-14a.
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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 letter responds to the March 25, 1993, inquiry of Assistant Treasurer Lawrence A. Wilson wherein he asked whether the Connecticut Bar Foundation, Inc. may invest Interest On Lawyers' Trust Account ("IOLTA") funds in the State's Short-Term Investment Fund ("STIF").
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I write to respond to your request for an advisory opinion regarding religious exemption provisions included within Connecticut's child abuse and neglect statutes. The critical statutory language is contained in Conn. Gen. Stat. § 17a-104 (with essentially similar language found in Conn. Gen. Stat. § 46b-120) which provides: "...[t]he treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment."
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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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You ask us whether the Division of Special Revenue (DOSR) may approve a contract between Autotote Enterprises, Inc., the licensee of the Connecticut Off-Track Betting System, and Wyvern International, Ltd., which would provide for simulcasting and common pool wagering on thoroughbred races in Australia pursuant to Conn. Gen. Stat. § 12-571(a).
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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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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.