1992 Formal Opinions
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In your letter of June 5, 1992, you requested our opinion regarding the validity of certain legislation proposed by the Department Of Income Maintenance (DIM). That legislation would require any recipient, or any attorney representing such an individual, who initiates a legal action against a third party for recovery of medical expenses, to report the filing of that suit to the Department of Income Maintenance.
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You have requested our advice on two questions: (1) Whether under Conn.Gen.Stat. § 12-19a(a), a Payment in Lieu of Taxes (P.I.L.O.T.) grant is payable to a town for a correctional facility if such facility is not on the town's assessment list on the preceding October 1? (2) Whether Public Act No. 91-79, applies to towns that conducted revaluations prior to October 1, 1990 and currently are phasing in such revaluations?
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This letter is in response to your memorandum of August 4, 1992, in which you requested our opinion concerning the meaning and enforcement of Conn. Gen. Stat. §3-112. We understand from the correspondence which you provided with your memorandum that you have requested information and documentation from the Department of Revenue Services ("DRS") concerning the agency's processing of state income tax refunds. In particular, you have requested information concerning the numbers of refunds processed, when they were processed, how they were processed and the estimated number of refunds still pending. You have also inquired into possible reasons for any delays including any instructions which the agency may have given or received to delay the refund process or to separate refunds based on their face amount, and any hardware or software problems which may have occurred.
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In your letter of February 27, 1992, you posed the question whether the filing of an annual report by a trustee under mortgage may be waived by the Banking Commissioner.
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Robert Werner, Division Of Special Revenue, 1992-034 Formal Opinion, Attorney General of Connecticut
You have sought the advice of this office relating to the operation of an off-track betting system in the State of Connecticut. Specifically, you inquire whether, under Conn. Gen. Stat. § 12-167a(b), the operation of "an OTB betting branch facility in the Hartford Jai Alai Fronton would violate the proscription against locating a 'Facility' within 35 miles of the location of the Teletheater in the Town of Windsor Locks ... ?"
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Robert Werner, Division of Special Revenue, 1992-025 Formal Opinion, Attorney General of Connecticut
At the direction of the Gaming Policy Board, you1 seek the opinion of this office as to "whether the division, with the advice and consent of the Board, has the authority under existing legislation to contract with a private entity to assume the operational duties of the OTB system."
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This is in response to your request for a formal opinion of the Attorney General, submitted in your capacity as Chairman of the Commission For Child Support Guidelines, on the following two questions: (1) Whether the child support guidelines, promulgated on January 1, 1991, are subject to the legislative review provisions of Public Act 91-209; and (2) Whether the January 1, 1991 child support guidelines, and all future guidelines, are subject to the rule-making procedures under the Uniform Administrative Procedure Act.
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In your letter dated September 12, 1991, you asked us whether the conservator of the estate of a disabled child of a deceased member of the State Teachers' Retirement System is eligible for monthly benefits as a legal guardian under Conn.Gen.Stat. § 10-183h(a).
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You have requested our advice regarding whether the Air Exchange Building, which is owned by the State of Connecticut and forms part of Bradley International Airport, and which has been leased and subleased to various persons and organizations, is subject to property taxation under Ch. 266b of the General Statutes.
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Recently you requested an opinion regarding the State Department of Education's obligations in making certain grant awards pursuant to recently enacted legislation. More particularly, you asked: "[c]an the State Department of Education [(the "Department")] legally make a grant award to an organization identified in a fiscal note to the state's budget which is produced by the Office of Fiscal Analysis [("OFA")],)" The Department's Staff Director for Legal and Governmental Affairs subsequently narrowed the inquiry to whether the Department is ""under a legal obligation to make the payments specified in the fiscal notes or whether the fiscal notes are merely directory and authorize (the Department] to make payments in such amount to such persons as are identified in the fiscal notes."
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We are in receipt of your letter dated October 28, 1992, in which you ask, whether, under Conn. Const. Art. III, § 11 and Conn. Gen. Stat. § 2-5, the so-called "dual job bans," a member-elect of the General Assembly may assume the duties of an appointed position in the legislative branch prior to the completion of his current legislative term.
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In your March 16, 1992 letter, you have sought this Office's advice as to whether a consumer may access the Home Improvement Guaranty Fund on more than one occasion against the same contractor.
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This letter is in response to your letter of March 12, 1992, in which you requested our opinion on the following issue: Is there any lawful basis upon which a municipality may refuse to meet the requirements of a state law when compliance with the law will result in costs to the municipality which are not reimbursed or otherwise borne by the state?
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We are in receipt of a letter dated December 3, 1991, from the Commission's Administrator, John C. Ford, with an attached letter dated October 21, 1991, from Dr. Roger J. Harris. The issue on which you seek our guidance is whether the Commission must conduct an administrative hearing on the individual's application based upon the oral surgeon's letter dated October 21, 1991, which your agency interprets as a request for such a hearing.
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This is in reply to your request for our opinion of whether the Central Connecticut State University Alumni Association, Inc. (hereinafter "the Association") is a "foundation" as defined by Conn. Gen. Stat. § 4-37e(2). Foundation status would subject the Association to the requirements of Chapter 47 of the General Statutes (Conn. Gen. Stat. §§4-37e - 4-37i), including possibly full audits by the State Auditors.