Formal Opinions
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You have raised several questions concerning the statutes governing the establishment and activities of the Soldiers', Sailors' and Marines' Fund (&quo;Fund"), as well as the current operation of the Fund. In particular, you have inquired whether: i) these statutes' apparent delegation of public functions to a private agency, in this instance the American Legion, violates constitutional principles; ii) whether current law restricts expending Fund assets for administrative expenses; and iii) whether the law would permit the Department of Veterans' Affairs ("DVA") to conduct the intake and processing of veterans' applications for benefits from the Fund.
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You have asked me to determine whether the Ethics Commission adhered to applicable state statutes and regulations when it informed Alan Plofsky, the Commission's Executive Director, of the Commission's desire to suspend him without pay for two weeks as a result of remarks he made on June 3, 2004, to the League of Women voters concerning former Governor Rowland.
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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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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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This is in response to your request for an opinion on whether your agency, consistent with the law, can approve a proposal by the Connecticut Lottery Corporation ("CLC") to launch a new lottery game with a "Treasure Island" theme featuring a novel second chance drawing feature.
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I write in response to your letters, which request my interpretation of Connecticut's General Statutes as they pertain to the legality of same sex marriages in our state. Specifically, you wish to know whether local officials may issue marriage licenses to, or perform marriage ceremonies for, same sex couples.
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This is in response to your request for an opinion on the lawfulness of a proposed entertainment program at liquor permit premises involving the playing of poker for prizes. The proposal comes in the wake of recent announcements outlawing the betting on poker tournaments due to criminal laws against gambling.
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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 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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You have asked for an opinion interpreting Conn. Gen. Stat. § 17a-101i(a) regarding the Department's obligation to notify and provide records to an employing superintendent of schools when it has substantiated abuse of a child by certain school employees. Specifically, you are requesting a determination as to whether the applicable notification requirements apply to abuse of any child or only to abuse of a child who is a student in the employing school or school system.
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Commissioner Shaun B. Cashman, 2005-027, Formal Opinion, Attorney General of Connecticut
Your department has asked for advice on the payment of wages to service workers employed by contractors of the state or vendors supplying services to state contractors. You ask if the standard wage rate provisions of Conn. Gen. Stat. §31-57f apply to contracts between the state and management companies and between management companies and their vendors under various scenarios.
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You have each separately requested the opinion of the Attorney General concerning the eligibility of Connecticut state employees to receive retirement credit under Connecticut General Statutes §§ 5-192i(j) and 5-192j(d)1 for periods of full-time National Guard service in the armed forces of the United States. Such service may occur both while an individual is employed by the State of Connecticut, during periods of extended military leave, and, if the service occurred in time of war as defined by Connecticut General Statutes § 27-103, or qualifies as national emergency service, as defined by law, during periods of time which may have preceded an individual's state employment.
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Through your General Counsel, Catherine E. LaMarr, you requested an opinion of this Office on a matter concerning the Second Injury Fund and its assessment audit program. At issue is the meaning of the statutory language "from the date the sum should have been paid" with respect to the statutory interest penalty in Conn. Gen. Stat. §31-354(a). You indicate that the Fund has been applying the statutory interest penalty from the beginning of the audit period on any unpaid amounts resulting from accounting errors, reporting errors, or otherwise.
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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 requested our advice regarding the State Marshal Commission's course of action regarding auditing the records of a deceased marshal. You advised us in your letter that the daughter of a deceased marshal inquired of your office as to whether or not she could "continue to collect on wage executions," which collection had apparently been commenced by her deceased father but had not been completed at the time of his death.