The Office of the Attorney General William Tong
Formal Opinions
Page 9 of 42
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A recent inquiry from the City of Waterbury has brought to our attention that some marshals are charging a fee of fifteen per cent of the amount of taxes collected for the service of alias tax warrants under Conn. Gen. Stat. § 52-261 as amended by Public Act No.03-224.
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This is in response to your request for a reconsideration of a previous informal opinion, and request for a formal opinion, on whether you can give permission to Autotote Enterprises, Inc. (AEI) to install Color Tiny TIMs (CTTs) and Hand Held Personal Account Terminals (PATs) at the Mohegan Sun Race Book under the terms of the Mohegan Tribe – State of Connecticut Gaming Compact.
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This is in response to your request for an opinion concerning your access, as the Auditors of Public Accounts, to certain documents of the Judicial Selection Commission (the "Commission") in connection with audits of the Commission pursuant to Conn. Gen. Stat. § 2-90. In particular, you ask whether, pursuant to subsection (g) of that statute, the Commission is obligated to provide you with documents concerning the evaluation of judicial candidates and incumbents that are considered confidential under Conn. Gen. Stat. § 51-44a (j).
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This letter responds to your August 3, 2004 amended request for a formal opinion as to whether Dr. D. Ray Sirry, the Juan F. Court Monitor, would be entitled to indemnification from the State in connection with services he has agreed to provide to the State to assist it in implementing reforms at the Connecticut Juvenile Training School (CJTS).
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In response to then Commissioner Joxel Garcia's and Chairman Murphy's requests, this is a formal opinion responding to the following questions: 1) Does "phototherapy" as used in Conn. Gen. Stat. § 20-34, incorporate the use of "laser therapy equipment"?; 2) Does the State Board of Natureopathic Examiners have the authority to expand its scope of practice either with or without the consent of the Commissioner?; 3) Does the Department of Health's use of the 1997 Connecticut Medical Examining Board's "declaratory ruling on use of hair removal" to prohibit a licensed natureopathic physician from employing laser hair removal constitute an unfair restriction of trade?
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Your office requested our opinion on whether the Town of Seymour may enter into an agreement with a third party agent to collect current and delinquent sewer use charges pursuant to authority granted in Public Act 96-217, as amended.
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Honorable Susan Bysiewicz, State Capitol, 1999-001 Formal Opinion, Attorney General of Connecticut
You have asked: If an elector files a written request to remove his/her social security number from the records of the registrars of voters (to whom the elector voluntarily gave it on his voter application card under section 9-20 of the General Statutes) may the registrar remove it from his/her records, and may the registrar of voters then refuse to provide such social security number to the Jury Administrator in the format prescribed under Section 51-222a?
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The Connecticut Real Estate Commission has requested the Attorney General's Office to render a formal legal opinion regarding the interpretation of C.G.S. § 20-317(a) as it relates to the following question: Does a non-resident real estate broker or real estate salesperson who is currently licensed in Connecticut under a bona fide Reciprocal Agreement need to qualify with course and experience and take a written exam to establish competency when such licensee becomes a resident of the State of Connecticut?
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In your letter dated July 7, 1999, you requested the opinion of this Office as to whether the provisions of Public Act 97-148 entitle deputy sheriffs and special deputy sheriffs to receive health care benefits at state expense. Because this Office has also received several other letters inquiring whether various benefits are available to special deputy sheriffs, this opinion will consider special deputy sheriffs' entitlement to health insurance and life insurance, vacation and sick leave, paid holidays, personal leave, longevity pay and participation in the state retirement system.
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You recently requested our advice regarding the Connecticut Supreme Court's decision in Velez v Commissioner of Correction, 250 Conn. 536 (1999). Specifically, you have asked us for clarification with respect to this decision's impact on DOC's procedure for determining when inmates become eligible for release to an approved community correction program pursuant to §18-100c.
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Your department has asked for an opinion of this office on several liquor control issues involving the inspection of permit premises. Your first inquiry concerns the extent to which liquor control agents may search for, and seize, sundry evidentiary items in the course of an investigation. Specifically, you inquire about illegal gambling tickets or records and illegal gambling devices, as well as permittee guest books, invoices and coil cleaning records. Your second inquiry asks whether the department is able to seize "buy" money which is used in undercover investigations by liquor control agents. Your third inquiry concerns the detention of minors, or intoxicated persons, in a casino setting.
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This is in response to your request for an opinion on whether a certain bill, proposed in last year’s legislative session, and which is expected to be proposed again, would conflict with the Tribal/State agreements or Memoranda of Understanding (MOUs) with the Mashantucket Pequot and Mohegan Tribes concerning the operations of the two casinos in Connecticut. The bill would allow businesses to conduct games of chance under certain circumstances.
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This letter is in response to your request for a formal legal opinion as to whether Peter Ellef, the current chairman of the Connecticut Resources Recovery Authority ("CRRA""), is serving in that capacity without having received the necessary legislative approval.
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Senator Sullivan and Jepsen, State Capitol, 2002-021 Formal Opinion, Attorney General of Connecticut
You have asked for an opinion regarding the provision of § 17b-8(a) of the General Statutes, under which the Commissioner of the Department of Social Services ("Commissioner") is required to submit applications for waivers of federal assistance program requirements to the Joint Committee on Appropriations and the Joint Committee on Human Services ("Joint Committees").
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You have requested our opinion as to whether certain provisions of the retirement plan for state employees are preempted by federal law. In particular, you inquire as to the enforceability of state statutory and contractual provisions prohibiting those who qualify for military pensions from purchasing retirement credit for military service during war or national emergency.