Formal Opinions
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In your letter of December 7, 1994 you seek our advice with regard to two questions related to the provisions of P.A. 93-219. 1. Is an inmate who is subject to Section 10 of the Act and who under your letter of November 23 must serve the full term imposed by the court unreduced by any good time credits and who is in the custody of the Commissioner of Correction on the date he or she historically would have been discharged entitled to be mandatorily paroled by the Parole Board and then subject to its supervision for the remainder of the full term imposed by the sentencing court? 2. For those persons who are serving sentences for which there is no parole eligibility, but who may be eligible for community release under the provisions of Conn. Gen. Stat. § 18-100c, are they entitled to be mandatorily transferred to community supervision on the date they historically would have been discharged?
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You have requested our opinion regarding the legal status of a tower to be used by WHUS, the radio station funded by student activity fees at the University of Connecticut at Storrs (the "University"). Specifically, you have asked whether the tower, on which the Department of Public Safety, Division of State Police (the "State Police") intends to place telecommunications equipment, is "owned or operated by the state" within the meaning of the Public Utility Environmental Standards Act ("PUESA"), Conn. Gen. Stat. § 16-50i(a)(6).
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This is in response to your letter dated October 16, 1995, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) under the Workers' Compensation Act for the years 1994 and 1995 for persons injured prior to July 1, 1993.
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The Honorable Nancy Wyman, Comptroller, 1995-019 Formal Opinion, Attorney General of Connecticut
This is in response to your predecessor, William E. Curry's request for an opinion inquiring whether the Departments of Mental Health, Mental Retardation, and Children and Family Services may operate trustee accounts for their outpatient clients as activity funds pursuant to Conn. Gen. Stat. § 4-52, et seq.
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Alan S. Plofsky, State Ethics Commission, 1997-010 Formal Opinion, Attorney General of Connecticut
This letter is in response to your February 6, 1997 inquiry regarding the Legislative Regulations Review Committee's rejection without prejudice of your agency's proposed regulations implementing amendments to the lobbyist registration laws set forth in Public Act 96-11.
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You have asked the advice of the Office of the Attorney General as to "whether Connecticut General Statute 17a-543 includes the Connecticut Department of Correction and/or whether Connecticut General Statute 17a-540(a) definition of 'facility' includes the Connecticut Department of Correction."
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You requested an opinion of this office as to whether the State Teachers' Retirement Board [hereinafter Board] can pay increased benefits, resulting from an election of recalculated benefits under Conn. Gen. Stat.
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This is in response to your letter dated January 27, 1997, in which you asked our opinion with respect to the following two questions concerning an application of Conn. Gen. Stat.
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You ask whether payment of reimbursement expenses incurred by state employees is subject to wage garnishment under Conn. Gen. Stat.
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You have asked whether alternative sanctions contractors have authority to access medical and psychiatric records held by a juvenile detention center for juvenile delinquents assigned to the contractor's program without violating the confidentiality requirements contained in Chapters 899 and 368X of the Connecticut General Statutes.
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You seek our advice concerning the proposal of the Connecticut Lottery Corporation to introduce a Bingo type game as a new lottery product and inquire whether such a proposal is a permissible lottery game.
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The Honorable Nancy Wyman, Comptroller, 1997-017 Formal Opinion, Attorney General of Connecticut
We have reviewed your request for guidance concerning questions you have raised regarding Social Security (FICA) payments for Special Deputy Sheriffs.
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You have asked for an opinion with regard to the implementation of Public Act No. 94-83, An Act Implementing the Recommendations of the Telecommunications Task Force.
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You have requested an opinion as to whether proposed legislation regulating hospitals' net revenues, imposing taxes related to the provision of hospital services, and appropriating funds for Medicaid disproportionate share payments to hospitals is likely to be preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") because the amended statutes may "relate to" ERISA plans.
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This will respond to your request for advice concerning State funding for the purchase, by the Town of East Haven, of property of the Colony Beach Club. Specifically, you inquire as to whether the use of State funds for such a purchase would make the facility available for use by all Connecticut residents.