Formal Opinions
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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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We are writing in response to your February 25, 1992, and February 27, 1992, requests for an Opinion on the constitutionality of proposed measures before the General Assembly which would impose durational residency requirements upon persons seeking General Assistance welfare benefits in the State of Connecticut. Specifically, you ask: 1) whether the State may deny General Assistance benefits to persons not satisfying a durational residency requirement; 2) whether the State may restrict General Assistance benefits for newcomers to a lower level of support than is available to longer term residents of Connecticut; and 3) whether any such restriction tied to the level of welfare support available in newcomers' previous states of domicile, is permissible.
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This is in response to your request for a formal opinion regarding the confidentiality of information that the Department maintains on individuals with acquired immunodeficiency syndrome (AIDS), human immunodeficiency virus (HIV), and hepatitis B.
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In your letter of December 20, l989 you requested our opinion on the validity of actions taken at a meeting of the Permanent Commission on the Status of Women [hereinafter Commission] which was held in a location other than that specified in the notice of regular meeting distributed by the Commission Chairperson.
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You recently sought our advice as to whether you may discontinue the practice of providing on request lists of outstanding state checks to asset finder organizations ("AFO").
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By letter dated January 11, 1993 you ask one question regarding the effect of Art. III, § 18(a), the balanced budget amendment, on deficiency legislation authorized by Conn.Gen.Stat. § 2-36. You also ask four questions on the relationship between the statutory and constitutional spending caps set forth in Public Act 91-3, § 30 and Article III, § 18.
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Hon. Francisco L. Borges, State Treasurer, 1990-015 Formal Opinion, Attorney General of Connecticut
You have requested our advice with reference to an investment of twenty-five million dollars from five State retirement funds1 which you made in entities which acquired assets comprising the Firearms Division of Colt Industries, Inc. You question whether, due to the size of the investment and the participants, a notice filing with the Federal Trade Commission must be made under the Hart-Scott-Rodino Anti-Trust Improvement Act of l976, codified at l5 U.S.C. e l8a(a). Specifically, you ask whether this transaction falls under the exemption for a state, l5 U.S.C. e l8a(c)(4).
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You have asked for a formal opinion as to whether Public Act No. 03-45, An Act Concerning Secondhand Smoke in Work Places, applies to Foxwoods and the Mohegan Sun casinos. In particular, you ask whether section 14 of the gaming compacts,1 which requires the Mashantucket Pequot and Mohegan Tribes to adopt health and safety standards that are at least as rigorous as the State's health and safety laws, requires application of the smoking ban to the Tribes' gaming facilities.
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You have requested an opinion as to whether the Department of Mental Health and Addiction Services (DMHAS) is required to apply to the Office of Health Care Access (OHCA) to obtain a certificate of need authorizing the reduction or elimination of health care services provided by DMHAS.
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Department of Income Maintenance , 1990-030 Formal Opinion, Attorney General of Connecticut
You recently requested the opinion of the Attorney General on several questions relating to the impact of the federal Medicare Catastrophic Coverage Act of 1988 (MCCA), Pub.L. 100-360, on your department's determinations of eligibility for assistance under the Title XIX medical assistance program ("Medicaid").
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You have asked us whether l989 Conn. Pub. Acts No. 89-322, "An Act Concerning Liability of Corporate Directors" (hereinafter referred to as the "Act"), applies to banking institutions and credit unions organized under Title 36 of the General Statutes, "The Banking Law of Connecticut."
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This is in response to your request for an opinion concerning the continuing legality of the use of merchandise prize wheels at bazaars in Connecticut in the wake of the repeal of the statutes authorizing Las Vegas Nights charitable gambling and the use of money wheels at bazaars. The repealer, enacted during the January 6, 2003 Special Session in 2003 Conn. Pub. Acts (Jan. 6 Spec. Sess.) 03-1, terminated these types of gambling effective January 7, 2003.
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You have requested an opinion regarding two issues related to charitable gaming events to be held at Foxwoods Casino ("Foxwoods"). Foxwoods is owned and operated by the Mashantucket Pequot Tribe (the "Tribe"), a federally recognized Indian tribe. The Tribe conducts gaming at Foxwoods, which is located on the Tribe's federal reservation, pursuant to Gaming Procedures authorized by federal law.
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You have requested our opinion as to the following question: "Given the requirements of Section 4-9d [of the General Statutes] or any applicable Statute, [may] a Commissioner [of the Departments of Motor Vehicle, Public Safety or Transportation] delegate to a member of his or her staff not appointed as a Deputy Commissioner the authority and responsibility to vote on the State Traffic Commission ['STC']?"
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This is in response to your request for opinion on whether municipalities that have voted to allow bazaars and raffles, but that have no chief of police or first selectman to investigate applications and issue permits as required by the Bazaar and Raffle Act, nevertheless may permit qualifying organizations to conduct bazaars and raffles.