Formal Opinions
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You have raised several questions concerning the statutes governing the establishment and activities of the Soldiers', Sailors' and Marines' Fund (&quo;Fund"), as well as the current operation of the Fund. In particular, you have inquired whether: i) these statutes' apparent delegation of public functions to a private agency, in this instance the American Legion, violates constitutional principles; ii) whether current law restricts expending Fund assets for administrative expenses; and iii) whether the law would permit the Department of Veterans' Affairs ("DVA") to conduct the intake and processing of veterans' applications for benefits from the Fund.
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You have asked whether the expenditure of state funds to pay for costs related to the nursing home strike, including the cost of mobilizing the National Guard and the expedited payment to nursing home operators of the cost of replacement workers, would violate any state or federal labor laws.
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This will acknowledge and reply to your request of November 28, 2001 for an advisory opinion as to whether the State has the authority to consolidate workforce development regions pursuant to the federal Workforce Investment Act and, if so, what criteria must be satisfied before such consolidation is approved. You also ask whether a workforce development board which has demonstrated adequate fiscal capability and achieved satisfactory performance results can be forced to change its current service area or method of operation.
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This letter responds to your request for a formal legal opinion concerning the Office of the Child Advocate’s (“Child Advocate”) right to obtain records from entities covered by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”)
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Your agency has requested our legal advice concerning the impact of Conn. Gen. Stat. § 46b-38aa et. seq., on eligibility for certain programs of the Department of Social Services.
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You have asked me to determine whether the Ethics Commission adhered to applicable state statutes and regulations when it informed Alan Plofsky, the Commission's Executive Director, of the Commission's desire to suspend him without pay for two weeks as a result of remarks he made on June 3, 2004, to the League of Women voters concerning former Governor Rowland.
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You have asked for an opinion as to the possible overcollection of sales tax on certain food items by supermarket vendors and the receipt of such overcollected taxes by the Department of Revenue Services ("DRS"). Specifically, you have asked for an opinion as to two questions: (1) Is DRS obligated to inform the retailer of its miscollection of taxes? and (2) Is the State obligated to disgorge the overtaxation received and is the retailer obligated to disgorge to consumers the taxation collected?
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This letter is in response to your request, on behalf of the Waterbury Financial Planning and Assistance Board ("WFPAB"), for a formal legal opinion on three questions concerning the appointment of a 2002 Charter Revision Commission for the City of Waterbury.
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John G. Rowland, State Capitol, 2002-012 Formal Opinion, Attorney General of Connecticut
You have asked for my opinion regarding the constitutionality of House Bill No. 5346, which would impose a one year moratorium on the construction of any electric power line or gas pipeline across Long Island Sound.
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Jeanne Milstein, Child Advocate, Formal Opinion 2007-013, State of Connecticut Attorney General
This letter responds to your request for a formal opinion as to whether the Office of the Child Advocate (OCA) is authorized, under Conn. Gen. Stat. § 46a-13m, to obtain records in the possession of the Department of Mental Health and Addiction Services
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This letter is in response to your request for a formal legal opinion as to whether the Judicial Branch has a legal duty to disclose to the public the master list of prospective jurors compiled pursuant to Conn. Gen. Stat. § 51-222a.
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You have asked for a formal opinion regarding the possible consequences of enacting Substitute House Bill 6438, An Act Extending Husky Plan, Part A Benefits for Parents and Needy Caretaker Relatives. The proposed Bill would temporarily continue the Medicaid eligibility of individuals whose eligibility for Medicaid under the Transitional Medical Assistance ("TMA") coverage group will end between March 31, 2005 and May 31, 2005. Eligibility for this group of individuals would be extended through June 30, 2005 under the proposed Bill. You inquire whether or not this proposed temporary extension of benefits may "ultimately allow these adults to qualify for any additional extension under federal law?"
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This is in response to the request for an opinion from your agency on the legality of devices known as "three button slot machines," and whether these devices fall within the definition of "video facsimile" as used in the agreements between the State of Connecticut and the Mashantucket Pequot Tribe and Mohegan Tribe. The agreements require the tribes to contribute twenty-five percent of their gross operating revenues from the operation of video facsimile machines at the tribal casinos, provided no other person within the state may lawfully operate "video facsimile games or other commercial casino games."
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This is to respond to your request for advice of December 15, 2004 which asks if a participating board of education may charge an administrative fee in addition to the insurance premium charged for coverage selected by a retired teacher. This retiree receives a pension from the State Teachers' Retirement System, but is also covered by health insurance through the retiree's last employing board of education.
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You have requested our advice regarding the scope of the State Building Inspector's authority over local building officials.