The Office of Attorney General William Tong
Formal Opinions
Page 13 of 41
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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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In a letter dated January 15, 1991, your predecessor requested the opinion of this office regarding two questions concerning the implementation of 1990 Conn. Pub. Acts. No., 90-226 (codified at Conn. Gen. Stat. § 31-396 et seq.).
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This is in reply to your letter asking whether the awarding of the Mid-Connecticut Project contract by the Connecticut Resources Recovery Authority (CRRA) to Combustion Engineering, Inc., complied with statutory requirements.
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We are writing in response to your request for a legal opinion regarding the "accessibility" of income and assets of the Hutterian Brethren in Connecticut, Inc., a Connecticut nonstock corporation, to its individual members. You report that many Hutterians (including families, the elderly, pregnant woman, and young children) are currently receiving medical assistance benefits under the state's Title XIX Medicaid Program from the Department of Social Services (DSS). Specifically you ask: 1. What amount of income of the Brethren is available to its individual members? 2. What amount of assets of the Brethren is available to its individual members? 3. What legal obligation does the Brethren have to financially support its members? 4. What legal obligation does the Brethren have to meet the medical needs of its individual members?
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In a letter to our office you ask us whether state law permits a local board of education of a town which does not maintain a high school to pay partially the tuition for a local student to attend a state approved high school other than the high school designated under Conn. Gen. Stat. ?-33.
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You have asked whether the exclusion under Conn. Gen. Stat. § 38a-860(f)(2)(D)(iii) of the Connecticut Life and Health Insurance Guaranty Association Act ("Act") applies to an excess loss health insurance policy issued by Legion Insurance Company ("Legion"), an insurance carrier that is in liquidation, to ProFlow, Inc. ("ProFlow"), a Connecticut corporation, which procured the policy as part of its health benefits plan for its employees.
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You have asked for a formal opinion regarding the possible consequences of enacting Substitute House Bill 6438, An Act Extending Husky Plan, Part A Benefits for Parents and Needy Caretaker Relatives. The proposed Bill would temporarily continue the Medicaid eligibility of individuals whose eligibility for Medicaid under the Transitional Medical Assistance ("TMA") coverage group will end between March 31, 2005 and May 31, 2005. Eligibility for this group of individuals would be extended through June 30, 2005 under the proposed Bill. You inquire whether or not this proposed temporary extension of benefits may "ultimately allow these adults to qualify for any additional extension under federal law?"
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Your office has requested a formal opinion regarding whether the Department of Veterans' Affairs (hereinafter "DVA") has properly amended its Veterans' Benefits Guide (hereinafter "Guide") to reflect recent changes in the law.
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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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You have asked whether the Board of Education and Services for the Blind ("BESB") has the authority under Conn. Gen. Stat. § 10-303 to seek to provide all the food services that Central Connecticut State University ("CCSU") determines are desirable at the University if BESB decides it wants to pursue that location for the placement of blind vendor operated food service facilities.
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This is in response to your request for an opinion on whether the two-store limit rule in Conn. Gen. Stat. § 30-48a bars the issuance of a package store permit to Jaimax, Inc. for premises at 701 North Colony Road, Wallingford, CT.
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You have requested our advice on several issues involving the tourism districts created under Conn. Gen. Stat. § 32-302(a). Your first question is whether the tourism districts are exempt from state sales tax under § 12-412(l) as "political subdivisions" of the state or "agencies' of the state or any political subdivision thereof. You have also inquired whether the Single Audit Act, Conn. Gen. Stat. § 4-230 et seq. and/or the Municipal Auditing Act, Conn. Gen. Stat § 7-391 et seq. apply to the tourism districts. Your final question is whether the Department of Revenue Services has any responsibility under either the Single Audit Act or Municipal Auditing Act with regard to funds disbursed to the tourism districts.
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In separate letters to us you requested our advice on two questions concerning indemnification of state marshals. Your first question seeks our opinion on whether state marshals serving capias warrants on behalf of Support Enforcement Services are entitled to indemnification by the State of Connecticut. Your second question asks whether state marshals who train new appointees would be indemnified under Connecticut General Statutes § 4-165.
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You have requested the opinion of the Attorney General as to whether the Department of Income Maintenance is authorized to enter into contractual arrangements with insurance companies in connection with a demonstration program to be jointly administered by the Department of Income Maintenance and the Insurance Department. Specifically, under the proposed contract, Income Maintenance would advise insurance companies whether payments to insured persons under insurance policies qualify for "asset exclusions" under the program. Income Maintenance would receive a contractual payment from the insurance companies for providing the contracted service.
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This letter is in response to your request for a formal legal opinion concerning the legality of the Connecticut Development Authority's ("CDA") plan to pay its President and former Chairman, Arthur H. Diedrick, $170,794.52 for 2002.75 hours of claimed accumulated compensatory time when he resigns on August 1, 2004. You have also asked whether it was legal for Mr. Diedrick to have served as both the Chairman of the CDA Board and its President.