Formal Opinions
Page 5 of 42
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This is in response to your request for an expedited opinion on the proposal of the Connecticut Lottery Corporation (CLC) to participate in a new multi-state lottery game which, in part, lets players appear on a televised game show to compete and win.
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In your communication of December 27, 1999, you state that the Board of Trustees for the Community-Technical Colleges ("Board of Trustees") had voted earlier in 1999 to change its name and the names of each of its twelve colleges by reducing "regional community-technical college(s)" to "community college" in each title. You state that the Board of Trustees' action was based upon a "yearlong public relations study." On behalf of the Board of Governors for Higher Education ("Board of Governors") you asked whether the approval of the Board of Governors pursuant to Conn. Gen. Stat. §10a-6 and/or of the General Assembly is required to effect legally these name changes.
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I reviewed the questions that you have presented to me as follows: 1. Must an HMO medical plan, the terms and conditions of which contain a custodial care exception, offer a plan to the public, after receiving Department of Insurance approval, that: (a) meets the requirements of CGS 38a-553(c)(10), (b) complies with CGS 38a-478 et seq., as from time to time amended, and Article XXI of the Connecticut Constitution, and (c) does not use rehabilitation or improvement as criteria in determining whether care for disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions is to be considered custodial? 2. Must the external appeal panel, acting pursuant to CGS 38a-478n, when reviewing appeals certified by the Department of Insurance and which construe or involve the custodial care exception (CGS 38a-553(c)(10)) as applied to disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions (CGS 38a-478 et seq., as from time to time amended): (a) apply said CGS 38a-478 et seq. and Article XXI of the State Constitution, and (b) not use rehabilitation or improvement as tests for custodial care?
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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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This office previously responded to an inquiry concerning the authority of a Special Deputy Sheriff to serve a capias. At that time we provided an informal advice to the effect that the "better practice" was for a regular Deputy Sheriff to serve the capias, but that a Special Deputy Sheriff could assist, and suggested that it would be advisable to obtain legislative clarification with respect to what authority a Special Deputy Sheriff had. During the period since that informal advice the issue of what authority a Special Deputy Sheriff had in connection with serving a capias has continued to arise. Accordingly, you have asked us to issue a formal opinion on this question. We have carefully considered the relevant legal authorities.
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This letter responds to yours of December 29, 1999, in which you ask this office for a formal opinion regarding the applicability and effect of Sections 26 and 45 of Public Act 99-2, June Special Session on tobacco settlement monies. Specifically, you have asked for an opinion "concerning whether Section 45 alters, in any way, the express provisions of Section 26 and, if so, the nature and extent to which it does."
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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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You have asked for advice regarding the legal consequences of the General Assembly's approval of a particular arbitration award. In your letter of May 10, 2000, you explained that the leadership of the General Assembly is considering calling a special session to approve a recent arbitration award between the State of Connecticut and the Administrative and Residual Union P-5 Bargaining Unit (hereinafter "A&R"), pursuant to Conn. Gen. Stat. § 5-278(b). Before the General Assembly will be able to convene to approve the award, however, you anticipate that the State will file in the superior court an application to modify or vacate it. You ask, therefore, what effect the General Assembly's approval of the award may have on the State's legal challenge to it.
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You recently requested an opinion from this office regarding the following questions: 1. Is the filing of a notice and fee by a federally-registered investment adviser under Section 36b-6(d) or 36b-6(e) of the Connecticut General Statutes, for which a letter of acknowledgment is issued by the Department, considered to be a "license or permit to operate a business in this state" within the meaning of Section 31-286a(b) of the Workers' Compensation Act? 2. Is the filing of an annual notice renewal fee by such an investment adviser under Section 36b-6(e) of the Connecticut General Statutes considered the renewal of a license or permit within the meaning of Section 31-286a(b) of the Act? 3. If the response to either of the foregoing questions is yes, is Section 31-286a(b) of the Act preempted because it exceeds what is reserved to the states under Section 307(a) of NSMIA, viz., the filing by federally-registered investment advisers of any documents filed with the SEC? 4. If it is determined that Section 31-286a(b) of the Act is preempted, will the Department be liable for failure to comply with Section 31-286a(b) if it fails to obtain from federally-registered investment advisers sufficient evidence of current compliance with the workers' compensation insurance coverage requirements of Section 31-284?
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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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You have asked for our opinion on whether towns can spray for mosquitoes in areas in which the Department of Environmental Protection (DEP) does not intend to spray and whether towns can prevent the state from conducting its own spraying program within town boundaries.
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This letter responds to the March 25, 1993, inquiry of Assistant Treasurer Lawrence A. Wilson wherein he asked whether the Connecticut Bar Foundation, Inc. may invest Interest On Lawyers' Trust Account ("IOLTA") funds in the State's Short-Term Investment Fund ("STIF").