1991 Formal Opinions
Page 1 of 3
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In a letter dated January 15, 1991, your predecessor requested the opinion of this office regarding two questions concerning the implementation of 1990 Conn. Pub. Acts. No., 90-226 (codified at Conn. Gen. Stat. § 31-396 et seq.).
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As Chairman of the Bridgeport Financial Review Board ("the Board"), you requested my opinion on the legal authority of the City of Bridgeport to file for relief under Chapter 9 of the Bankruptcy code without the approval of the Board.
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By letter dated March 14, 1991, you request our advice on the accuracy of certain guidelines issued by the Department of Public Safety concerning the provisions of Connecticut General Statutes §§ 29-37a, 29-37b and 29-37c. The statutes in question deal generally with the waiting period and paperwork applicable to the purchase of a firearm other than a pistol or revolver, the provision and use of trigger locking devices at the time of purchase of a firearm, and the proper storage of loaded firearms at the home or business of the owner.
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This letter responds to your request for an opinion dated January 15, 1991. In that request, you asked for a clarification of your authority as a sub registrar of vital statistics to issue a disinterment permit in a case of alleged suspicious death. The request was prompted by a request you received from the parents of a deceased man asking you to issue a disinterment permit for the disinterment of their son for a second autopsy.
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This is in response to your request for an opinion on the impact of the repeal of Conn. Gen. Stat. § 30-42, which directed the refund of liquor permit fees under certain circumstances, on pending requests for such liquor permits rebates.
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We are writing in response to your letter dated January 9, 1991, in which you request our advice about the constitutionality of the residency requirement contained in Conn. Gen. Stat. § 10a-77(d)(2), a statute concerning tuition waives for eligible veterans.
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We are in receipt of your letter dated January 2, 1991, wherein you request our opinion on two issues concerning a gun range located on the grounds of the Enfield Community Correctional Institution. The property in question is owned by the State of Connecticut.
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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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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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This will acknowledge your request of April 18, 1991 for a formal opinion concerning an interpretation of Section 20-334a of the Connecticut General Statues.
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This is in response to your letter of July 22, 1991, in which you seek our opinion on whether the Department of Transportation ("DOT") has the authority to cancel the unexpended balance of purchase orders that the DOT has issued to Hartford Paving Inc. ("Hartford Paving") for bridge painting services under Contract Award No. 89--A-13-1054-C. You further ask whether the DOT can avoid contracting with Hartford Paving on future painting projects and instead use other companies listed in the contract award.
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By letter dated February 20, 1990, your predecessor in office, Commissioner Papandrea, requested our opinion on whether the Department of Housing (DOH) is a public housing agency within the purview of the United States Housing Act of 1937.1 The request was prompted by letters from William H. Hernandez, Jr., Manager of the Hartford Office of the United States Department of Housing and Urban Development ("HUD").
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This is in response to your request for an opinion concerning the terms of office of Commissioners of the Department of Liquor Control. Specifically, you seek an opinion on the applicability of Conn. Gen. Stat. § 30-2, which states that Commissioners are to be appointed to staggered, six-year terms.
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We are writing in response to your letter of February 19, 1991 in which you request our advice concerning whether certain physicians and psychologists, who serve as "medical consultants" and "psychological/psychiatric consultants'' to the Division of Rehabilitation Services and who are hired pursuant to personal services agreements, are immune from personal liability pursuant to Connecticut General Statutes § 4-165.