The Office of the Attorney General William Tong
Formal Opinions
Page 28 of 42
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In your letter of June 16, 1994, you ask whether an employee of the Connecticut Resources Recovery Authority (CRRA) may, upon election to the General Assembly, continue to hold his employment with CRRA, or be prohibited from holding the CRRA position due to the "dual job ban" set forth in either Conn. Const. Art. III,
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Prior to the merger of the Department of Health Services and the former Connecticut Alcohol and Drug Abuse Commission (CADAC), the Executive Director of CADAC, Dr. John Higgins-Biddle, requested a formal opinion from this Office regarding the impact of the federal regulations concerning confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2, or any other pertinent state or federal law or regulation related to patient confidentiality, on a new data system that CADAC was having designed by Andersen Consulting, Inc. After the merger of CADAC into the Department of Public Health and Addiction Services (DPHAS),1 you informed us that your Department is continuing with the development of the proposed data system, that the merger has not affected either the scope or nature of Dr. Higgins-Biddle's previous opinion request, and that you still need advice regarding the questions that he originally posed
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This letter is in response to your request for our opinion as to whether a pharmacy engages in fee-splitting, in violation of Conn. Gen. Stat. 20-175(7), if physicians who own stock in the pharmacy receive certain benefits from their stock ownership.
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At the close of the last Legislative session, you posed a number of questions about the Memorandum of Understanding executed by Governor Weicker and the Mashantucket Pequot Tribe relating to the operation of video facsimile machines at the Foxwoods Casino on the Tribe's reservation in Ledyard.
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The following is in response to your request of June 30, 1994, for an opinion concerning the applicability of the gun certification requirements of 1993 Conn. Pub. Acts No. 93-306, An Act Concerning Assault Weapons, to licensed firearms dealers and distributors. Specifically you ask: "Do licensed firearms dealers and distributors need to obtain a certificate of possession for all assault weapons in their possession that were 'in stock' as of October 1, 1993? Is a certificate needed with respect to assault weapons acquired after October 1, 1993?" The Act addresses "licensed gun dealers" and we assume, for the purposes of this opinion, that your questions concern these entities.
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In your letter of May 20, 1994, you inquired whether the State of Connecticut should continue to require car rental companies to be licensed as sellers of gasoline. You explained that some car rental agencies require their customers to return the vehicles with a particular amount of gasoline. If the vehicles are not returned with the requisite amount of gasoline, the agencies will provide gasoline from their own pumps and will charge the customers for the gasoline.
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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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By letter dated April 27, 1994, you have asked for the opinion of this Office as to whether the Governor had the authority to bind the State to the Gaming Compact between the State of Connecticut and the Mohegan Tribe of Indians pursuant to the provisions of the Indian Gaming Regulatory Act (IGRA) Pub.L. 100-497, 25 U.S.C. 2701 or whether the Gaming Compact must also be submitted to the General Assembly for its approval.
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You have requested our advice regarding the interpretation of Conn. Gen. Stat. 17a-17 and regulations promulgated thereunder. These provisions require the Commissioner of Children and Families and the Commissioner of Education to jointly develop regulations to implement "a single cost accounting system" which is the system of determining payment for room, board and education to private residential treatment centers.
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James A. Gasecki, Sheriffs' Advisory Board, 1994-016 Formal Opinion, Attorney General of Connecticut
In your letter of March 15, 1994, you indicate that in two lawsuits, Kennedy St. George v. Mak, Case No. 5:92-CV-00587(JAC), United States District Court, District of Connecticut, and Lewis v. Mak, Case No. 5:92-CV-00593(JAC), United States District Court, District of Connecticut, the Attorney General's Office has advised the High Sheriff of Fairfield County and several persons in his department that it would be inappropriate for the Attorney General's Office to continue to represent them in those cases. Consequently, on behalf of the Sheriffs' Advisory Board you have asked for legal advice on the following question: Does the Sheriff's Advisory Board have authority to appropriate funds for the defense of sheriffs, deputy sheriffs and special deputy sheriffs in lawsuits brought against them in their individual capacities after the Attorney General has determined that providing a defense would be inappropriate pursuant to Conn. Gen. Stat.
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We are in receipt of your letter of June 22, 1994 wherein you call our attention to P.A. 93-219, Sec. 10. In your letter you seek our advice as to what extent, if any, the provisions of this section affect the computation of discharge dates for sentences subject to this statute. Section 10 of this Act provides as follows: Notwithstanding any other provision of the general statutes, any person convicted of a crime committed on or after October 1, 1994, shall be subject to supervision by personnel of the department of correction or the board of parole until the expiration of the maximum term or terms for which he was sentenced.
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This is in response to your letter dated December 1, 1993, in which you request our opinion on whether the Department of Transportation's use of on-call consultants is contrary to the requirements of Sections 13b-20b through 13b-20l of the Connecticut General Statutes. http://www.cslib.org/attygenl/images/rainbow.gif
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This is in response to your letter dated June 30, 1994, in which you requested our opinion regarding whether the proposed Safety and Health Regulations, drafted pursuant to Conn. Pub. Acts No. 93-228
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This is in response to your request for an opinion regarding Public Act 94-241 ("the Act") authorizing the establishment of "enterprise corridor zones" by three or more contiguous municipalities with the approval of the Commissioner of Economic Development. Businesses located within approved enterprise corridor zones receive the same tax benefits as those located in enterprise zones.
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We have received an inquiry from each of you relating to persons currently serving as justice of the peace. We first answer the Secretary's question and then that raised by the Speaker. 1. In a May 24, 1994, letter from Secretary Kezer, the Secretary inquires as to the validity of legislation providing for the extension of terms of current justices of the peace in light of Judge Dorsey's ruling in ACP v. Kezer, 2:92CV00550 (PCD) prohibiting holdover-terms after June 30, 1994. We answer that the legislation extending these terms is valid. 2. In an August 1, 1994, letter from Speaker Ritter, the Speaker asks whether "it is proper to fill vacancies which now exist" in the office of justice of the peace.