1993 Formal Opinions
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You ask in your letter to this office whether Conn.Pub.Act No. 93-435, § 87(b) violates Art. II, Conn. Const., relating to the separation of powers. You suggest that this question arises because the legislature would be imposing the UAPA rule-making procedure of the executive branch upon the probate courts.
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This is in response to your letter of September 11, 1992 in which you relate that the State Teachers' Retirement Board has requested an opinion of this office on the following question: Does the Veterans' Reemployment Rights Act preserve a right for persons covered by the Act to purchase retirement service credit in the State Teachers' Retirement System under the terms of the state law governing such purchases of service credit as were in effect when such persons were inducted into the Armed Forces?
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You have requested our opinion on two issues raised by Conn. Gen. Stat. § 21a-199 which imposes an athletic tax of five percent of the gross receipts from any boxing exhibition. The first issue is whether the Commissioner of Consumer Protection is responsible for the collection of the tax or whether it is the responsibility of the Commissioner of Revenue Services. The second issue is whether the athletic tax can be waived for United States Amateur Boxing, Inc., due to the fact that it is a non-profit association that is otherwise tax-exempt.
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This is in response to your letter dated July 23, 1993, wherein you asked our opinion concerning the application of Public Act 93-288 (the Act) to cost of living adjustments (COLAs) for certain injured employees and their dependants.
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This letter is written in response to your May 3, 1993, request for an opinion on Substitute Senate Bill No. 1055, An Act Concerning Medicare Supplement Policies.
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Hon. Joseph M. Suggs, Jr., State Treasurer, 1993-021 Formal Opinion, Attorney General of Connecticut
You have requested our advice regarding whether Connecticut's laws on protection of public deposits1 are adequate to fully secure such deposits in the event the depository institution in which such funds are deposited fails and is placed in receivership. The security of public deposits is an issue because federal deposit insurance for public deposits is limited to $100,000 per account, 12 U.S.C. § 1821(a)(2)(A), and public deposits often exceed that amount. Specifically, you are concerned about the security of state deposits in the event of a challenge by the Federal Deposit Insurance Corporation (FDIC) in its role as receiver of a failed depository institution, under the Federal Deposit Insurance Act, 12 U.S.C. § 1811, et seq.
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This is in reply to a request for advice asking if the person you appoint as an Executive Director of the Department of Public Utility Control (DPUC), pursuant to Conn. Gen. Stat. § 16-2(f), to fill a vacancy in that position receives an appointment for four years or rather serves the balance of the prior Executive Director's unexpired term.
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You have requested our opinion regarding the temporary rules and regulations of the Department of Revenue Services under Conn. Pub. Act 91-3, ee 51 to 93, of the June 1991 Special Session, as amended (the "Public Act"). The Public Act is entitled "An Act Making Appropriations for the Expenses of the State for the Fiscal Year Ending June 30, 1992, Providing Funds for Such Expenses and Concerning Fiscal Reform." Sections 51 to 93 of the Public Act relate to the state income tax.
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You have asked whether or not foster parents are entitled to representation and indemnification from the State of Connecticut. The corollary question is whether they are independent contractors and therefore not entitled to representation or indemnification.
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We are replying to your letters of January 14, 1993 and January 22, 1993 in which you ask whether the Governor has the constitutional and statutory authority to execute without legislative approval a Memorandum of Understanding between the State and the Mashantucket Pequot Tribe regarding the installation and operation of video slot machines (i.e., video facsimile games as defined in that Memorandum and the Federal Procedures to which it refers) at Foxwoods Casino at Ledyard, and whether the Secretary of the Interior has to approve the agreement or take any action relating to it
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In your letter of March 16, 1993, you requested our opinion regarding the ability of the Department of Mental Health to obtain information on individuals who are receiving services from grantee agencies of the Department of Mental Health (DMH). Specifically, DMH seeks to require these grantee agencies to supply information regarding patients which is subject to the statutory psychiatric privilege set forth in Conn.Gen.Stat. § 52-146d et seq. Disclosure of patient information to DMH without prior patient consent would be a condition of reimbursement or funding of the grantee agency.
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This is in response to your letter dated April 20, 1993, in which you request a formal opinion of the Attorney General concerning an issue arising under 1992 Conn. Pub. Acts No. 92-184 (hereinafter referred to as "the Act"). You state as follows: The issue involves the room occupancy tax, a portion of which funded the visitors and convention districts and coliseum authorities under Conn. Gen. Stat. §§ 7-136a to 7-136c, inclusive (repealed by e 18 of the Act), and will now fund tourism districts and coliseum authorities under § 15 of the Act.
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In your letter of August 12, 1993, you relate that by a Resolve of May, 1824, a Borough of Newtown was created. Subsequently the General Assembly passed 1931 Special Act No. 290 and 1953 Special Act No. 106 also relating to the formation of this borough. You ask three questions relating to this borough. First you ask whether the borough may be dissolved. Secondly you ask the procedure in accomplishing this dissolution. Thirdly you ask what legal requirements are imposed upon the officials of the borough to assist residents in bringing about dissolution.
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Conn.Gen.Stat. § 4b-3 establishes the state properties review board and provides criteria for membership. That statute provides, inter alia, that "[n]o person shall serve on this board who holds another state or municipal governmental position...." Conn.Gen.Stat. § 4b-3(b). By letter dated March 23, 1993 you have asked two questions concerning the above quoted portion of Conn.Gen.Stat. § 4b-3(b). 1. You initially ask whether "there is a definition of 'state or municipal government position' which applies to [§ 4b-3(b) ]?" 2. Your second question is whether an individual who serves without compensation on a municipal board is ineligible for membership on the state properties review board.
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Hon. John B. Larson, President Pro Tempore, 1993-007 Formal Opinion, Attorney General of Connecticut
By letter dated March 5, 1993, you have asked our office for a formal opinion as to whether Gwen B. Weltman, Esq. of Bethany, who has been nominated by Governor Lowell P. Weicker, Jr. as a public member of the Commission on Hospitals and Health Care ("the Commission") qualifies as such pursuant to Conn.Gen.Stat. § 19a-146. Specifically, you question whether Attorney Weltman's previous employment as a social worker by Yale-New Haven Hospital between April 1980 and July 1983 violates § 19a-146's mandate that a public member "shall not ... have any past professional affiliation with any health care facility or institution...."