Formal Opinions
Page 7 of 42
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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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This is in response to your letter of April 1, 1993 to this office in which you ask whether an active state employee who is currently a member of the State Employees Retirement System is barred from collecting a pension from the Judge's Retirement System while serving as a state employee.
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This is in response to your memorandum dated September 22, 1993 wherein you request our opinion on whether the members of the Connecticut Pilot Commission ("Commission") have a right to defense by the State of Connecticut and indemnification should the exercise of their duties as Commission members result in litigation against them in their official or individual capacities.
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By your letter of May 4, 1992, you requested our opinion on several questions about the exclusion of irrevocable funeral accounts from consideration as assets in determining eligibility for your Department's programs. Essentially, you asked whether the monetary limit Conn. Gen. Stat. §42-207 places on such accounts is a requirement for their validity. If it is, you asked whether the limit may be exceeded either by creating an account outside the state and then transferring it to the state or by creating multiple irrevocable accounts whose total amount exceed the limit.
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You have asked what liability, if any, a state agency would have "with respect to any incidents arising at, during or after" an off-site holiday party attended by agency employees during working hours.
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You recently sought our advice as to whether you may discontinue the practice of providing on request lists of outstanding state checks to asset finder organizations ("AFO").
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By letter dated January 11, 1993 you ask one question regarding the effect of Art. III, § 18(a), the balanced budget amendment, on deficiency legislation authorized by Conn.Gen.Stat. § 2-36. You also ask four questions on the relationship between the statutory and constitutional spending caps set forth in Public Act 91-3, § 30 and Article III, § 18.
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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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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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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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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 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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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 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.