11/19/2009The Office of Legislative Research (OLR) has issued the following reports:
- Juvenile Justice Legislation 2001-2009 - 2009-R-0411
You asked for a timeline of juvenile justice legislation. This report supplements 2000-R-0816, which chronologically describes the legislation enacted between 1995 and 2000.
- Gag Order and Inmate Visits and Communication - 2009-R-0414
You asked about the (1) gag order imposed in the Cheshire murder case and (2) Department of Correction's (DOC) policies on visitation and written communication with inmates. We understand that your interest is based on visits from an author to one of the defendants in the Cheshire murder case and communications between them.
- Medicare Coverage - 2009-R-0380
You asked for a detailed description of what Medicare covers and a comparison of Medicare coverage and recently proposed and enacted state health insurance benefit mandates. 11/17/2009
The Connecticut State Library has posted the full-text of legislative histories for selected landmark Connecticut legislation. These legislative histories can be found in the library’s Digital Collections. The links below are direct links to the histories. To download the full-text of each volume in PDF format, choose the “complete print version” from the “view” drop-down menu on the left side of the Digital Collections screen.
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An Act Concerning Revision and Codification of the Substantive Criminal Law, 1969 Public Act No. 828 — i.e. The Penal Code
Volume 1 ~ Volume 2 ~ Volume 3 ~ Volume 4
(“This is the act which compiled the criminal law of Connecticut into a Penal Code. The delayed effective date of 1971 permitted the legal community to study the new law. The Commission to Revise the Criminal Statutes revised and codified the substantive criminal law and did not address the problems of criminal procedure. This act codified the common law principles of criminal liability, created the new concept of an affirmative defense, and eliminated the common law right to forcefully resist arrest. The act established a system of five felonies and four misdemeanors with uniform penalties.”)
An Act Concerning Product Liability Actions, 1979 Public Act No. 483
("During the 1970's the rising price of product liability insurance was deemed to have created an unfavorable climate for manufacturing and commerce. The General Assembly sought to remedy this situation by codifying various common law approaches to product liability. The act also applied a single statute of limitations for all claims and simplified the types of defenses which would apply. Other changes included: (1) a provision for punitive damages and attorney fees in certain circumstances; (2) an all-encompassing comparative responsibility standard; (3) changes in the rights of plaintiffs and defendants with respect to provision of workers' compensation and compensation payments; (4) change in duty to warn; and (5) change in the law of indemnity and contribution.”)
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An Act Concerning the Death Penalty, 1995 Public Act No. 19
Volume 1 ~ Volume 2
(“This is the legislative history of the act which provides that the death sentence shall be imposed on a defendant in a capital felony case if the aggravating factor or factors outweigh the mitigating factor or factors. Previously the death penalty could not be imposed if there were at least one mitigating factor or no aggravating factors. Previously there was also no requirement to weigh the factors against each other. This act also eliminates ‘unusual and substantial duress’ as one of the five automatic bars to the death penalty and instead redefines ‘unusual and substantial duress’ as a mitigating factor.”) 11/13/2009
The Supreme Court Database builds on work begun 20 years ago by political science professor Harold J. Spaeth and others.
Funded by the National Science Foundation, this newest iteration of professor Spaeth’s work offers a revamped interface with interactive search tools that make queries such as "How often has the Supreme Court declared acts of congress unconstitutional?" possible, thus widening the audience that will find this database of Supreme Court statistics and opinions (currently 1953-2008 terms) helpful. The website also features a helpful series of tutorials that guide the new user in effective use of the various search features. 11/6/2009
- Veterans' Property Tax Exemption - 2009-R-0348
You asked if military disability payments and military pension count as income for purposes of the veterans' property tax exemptions provided by law.
- Acts Affecting Education
This report provides highlights of new laws affecting education enacted during the 2009 regular and special legislative sessions.
- Acts Affecting Taxes
This report provides highlights of new laws affecting taxes enacted during the 2009 regular and special legislative sessions.
- Motorcycle Noise in Maine - 2009-R-0393
You asked what Maine has done to reduce motorcycle noise.
- Public College and University Foundations - 2009-R-0399
You asked for information on private foundations affiliated with public colleges and universities. You were specifically interested in funding sources and accountability. You also asked for a legislative history of the state's public college and university foundations.
- Landscaper Licensing - 2009-R-0396
You asked for information on states that license landscapers, and the education, exam, and experience required to obtain such a license. You also requested samples of charges for licensing, regulations under which they are licensed, and any training required for the use of the equipment and products they use.
- State Elderly Programs - 2009-R-0397
You asked for an update of OLR report 2009-R-0268 which describes state programs for the elderly.
- Flu Vaccinations - 2009-R-0405
You asked several questions about flu vaccinations. Specifically you wanted to know: (1) the number of doses of and expenditures for H1N1 and seasonal flu vaccines, (2) if the Patriot Act permits the federal government to preempt state law when the President declares a national emergency, and (3) if anyone died from the swine flu vaccine administered in 1976.
- Economic Development Coordinators - 2009-R-0378
You asked how many towns have full- or part-time economic development coordinators or specialists.
- Issues in "Net Neutrality" Debate - 2009-R-0392
You asked for a brief discussion of the issues surrounding the “net neutrality” debate. The Congressional Research Service has published a background memo on net neutrality, which is available at www. fas. org/sgp/crs/misc/RS22444. pdf.
- Machine-Readable Health Insurance Identification Cards - 2009-R-0376
You asked for information about machine-readable health insurance identification (ID) cards (e. g. , cards with bar codes that embed patient information that health care providers can access). Specifically, you asked if other states require such bar codes on ID cards.
- Parenting Classes for Divorcing Couples - 2009-R-0407
You asked about parenting classes in Connecticut and surrounding states. 11/5/2009
- Legislative History of the Mashantucket Pequot Grant Formula - 2009-R-0387
You asked for a legislative history of the Mashantucket Pequot and Mohegan aid formula, including the original formula and subsequent legislative changes.
- Terminating Federal Campaign Committees - 2009-R-0389
You want to know the purposes for which members of Congress may use surplus campaign funds when they wind down and terminate their campaign committee.
- Body Armor and Connecticut Law - 2009-R-0401
You asked for a summary of Connecticut laws on body armor.
- Bleeding Disorder Legislation - 2009-R-0400 You asked if Connecticut has implemented a standard of care for people with bleeding disorders such as that found in a Pennsylvania legislative proposal.
- Acts Affecting Transportation
This report summarizes acts affecting transportation the legislature passed during the 2009 regular and special sessions. The report does not include acts that were vetoed unless the veto was overridden.
- Comparison of Child Protection - 2009-R-0362 You asked us to compare Oklahoma's Kelsey Smith-Briggs Child Protection Reform Act with Connecticut's child protection laws.
- High Efficiency Furnaces - 2009-R-0403
You asked whether newer, high efficiency furnaces operate at substantially higher temperatures than older furnaces, and if so whether they necessitate changes in the venting system in the homes in which they are installed.
- Funding for Energy Initiatives - 2009-R-0402
You asked that we respond to two questions posed by a constituent. The constituent heard a radio advertisement that he believes was sponsored by an entity called “EIA” that explained how homeowners could convert from oil to natural gas or other types of heating. You want to know (1) what is EIA and (2) whether it is using public funds to distribute this message.
11/4/2009
Gender Identity or Expression: "Gender identity or expression" means a person's gender-related identity, appearance or behavior, whether or not that gender-related identity, appearance or behavior is different from that traditionally associated with the person's assigned sex at birth.
10/30/2009
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Enforcing Money Judgments
Section 1: Installment Payment Orders
Section 2: Wage Executions
Section 3: Bank Executions
Section 4: Personal Property Executions
Section 5: Turnover Orders
Section 6: Judgment Liens
Section 7: Postjudgment Discovery
| 10/28/2009
"Marijuana" means all parts of any plant, or species of the genus cannabis or any infra specific taxon thereof, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. It does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks, except the resin extracted therefrom, fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. Included are cannabinon, cannabinol or cannabidiol and chemical compounds which are similar to cannabinon, cannabinol or cannabidiol in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse, which are controlled substances under this chapter unless modified.
Source: General Statutes § 21a-240 (29) (applies to Chapter 420b: Dependency Producing Drugs, §§ 21a-240 -- 21a-283a). 10/27/2009
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Deletion of Erased Records – 2009-R-0357
You asked for information on the implementation of Public Act 08-53, including information on why a crime for which a pardon was granted would still be reported by a consumer reporting agency.
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Legislative History of Competitive Bidding Requirements – 2009-R-0382
You asked for the legislative history of CGS § 7-148v, dealing with municipal competitive bidding requirements. OLR report 2005-R-0817 addresses the issue of whether municipalities can change the thresholds for competitive bidding by passing an ordinance rather than revising their charter.
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Federal Internet Gambling Bill (H.R. 2267) - 2009-R-0351
You asked for a summary of H. R. 2267, The Internet Gambling Regulation, Consumer Protection, and Enforcement Act (sponsored by Representative Barney Frank), and S. 1597, The Internet Poker and Game of Skill Regulation, Consumer Protection, and Enforcement Act of 2009 (sponsored by Senator Robert Menendez). This report summarizes the major provisions of H. R. 2267; OLR Report 2009-R-0352 summarizes the major provisions of S. 1597.
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Federal Internet Gambling Bill (S. 1597) - 2009-R-0352
You asked for a summary of S. 1597, The Internet Poker and Game of Skill Regulation, Consumer Protection and Enforcement Act, and H. R. 2267, The Internet Gambling Regulation, Consumer Protection, and Enforcement Act of 2009. This report summarizes the major provisions of S. 1597; OLR Report 2009-R-0351 summarizes the major provisions of H. R. 2267.
- Criminal History Checks Required by Statute – 2009-R-0344
You asked that we identify all occupations, persons, or other entities for which criminal history background checks are required by statute. You also wanted to know who is responsible for the criminal history checks and what procedures must be followed. Finally, you wanted us to identify whether the subjects of these checks may be employed or licensed before the check has been completed. 10/23/2009
The Connecticut General Assembly Office of Program Review and Investigations (PRI) has posted a report on Connecticut's whistleblower law. "The focus of this study is on the process and structure currently in place to handle whistleblower complaints within state government."
For other PRI reports, visit the office's completed PRI studies page. 10/21/2009
Special Defenses (Affirmative Defenses): ...The fundamental purpose of a special defense, like other pleadings, is to apprise the court and opposing counsel of the issues to be tried, so that basic issues are not concealed until the trial is underway." "[F]acts must be pleaded as a special defense when they are consistent with the allegations of the complaint but demonstrate, nonetheless, that the plaintiff has no cause of action." McCann Real Equities Series XXII, LLC v. David McDermott Chevrolet, Inc., 93 Conn. App. 486, 491, 890 A. 2d 140, 146 cert. denied, 277 Conn. 925, 895 A. 2d 798 (2006). See also Connecticut Practice Book §10-50. 10/16/2009
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Legal Standing Under the First Amendment’s Establishment Clause (September 15, 2009) [PDF - 14 pages]
Summary: The Establishment Clause of the First Amendment to the U.S. Constitution provides that “Congress shall make no law respecting an establishment of religion.”
This report analyzes the constitutional issues associated with standing, specifically related to cases arising under the Establishment Clause. It provides a background on the doctrine of standing, including the U.S. Supreme Court’s interpretation of various types of standing, including standing to sue as a citizen, as a taxpayer, and on behalf of another party. It also examines the current standing rules related to the Establishment Clause and the implications of the Court’s 2007 decision in Hein v. Freedom From Religion Foundation, which further limited the circumstances under which Establishment Clause challenges could be brought. The report also discusses Salazar v. Buono, an Establishment Clause case scheduled for arguments before the Court in October 2009.
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The Second Amendment and Incorporation: An Overview of Recent Appellate Cases(September 21, 2009) [PDF - 12 Pages]
Summary: The Supreme Court in District of Columbia v. Heller held that the Second Amendment protects an individual’s right to possess a firearm, unconnected to service in a militia, and protects the right to use that firearm for traditional lawful purposes such as self-defense within the home. The Court conducted an extensive analysis of the Second Amendment to interpret its meaning, but the decision left unanswered other significant constitutional questions, including the standard of scrutiny that should be applied to laws regulating the possession and use of firearms, and whether the Second Amendment applies to the states. Three federal appellate circuits have since addressed whether the Second Amendment applies to the states. Two of these circuits, the Second and Seventh, both held that the Second Amendment did not apply to the states, whereas the Ninth Circuit has initially held that the Second Amendment is applicable to the states, although a rehearing en banc is scheduled and may affect that decision.
This report presents an overview of the principles of incorporation, the early Supreme Court cases that addressed the application of the Second Amendment to state governments, and the federal appellate cases that have addressed incorporation of the Second Amendment since the Heller decision. 10/14/2009
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Use of Surveillance Cameras in Residential Areas – 2009-R-0359
You asked for the discussion of the possible legal sanctions that might apply to the neighbor of a constituent who has installed surveillance cameras that cover the constituent's front door, deck, and backyard. There is a 22-foot high fence between the two properties.
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Family Violence Statistics – 2009-R-0367
You wanted to know (1) the number of people with restraining orders against them in the past five years and (2) how many of these people violated the order by committing a crime against the victim of family violence (i. e. , person who obtained the order), including crimes resulting in bodily harm.
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Chiropractor Licensure – 2009-R-0365
You asked for information on the licensing of chiropractors in Connecticut, particularly the requirement concerning “Part IV” of the national examination.
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Childhood Immunizations – 2009-R-0373
You asked for information on Connecticut's childhood immunization law, particularly whether the state has a “forced vaccination policy” if the a parent or guardian refuses to have a child immunized.
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Application of the State Ethics Code to State Employees – 2009-R-0350
You asked (1) if the Office of State Ethics (OSE) has jurisdiction over state employees who are not elected or appointed officials and (2) for the circumstances under which the employee might be brought before OSE. 10/9/2009
October 2009 is National Information Literacy Awareness Month (PDF). Here’s a quick rundown of some online offerings that we put together to help people “effectively navigate” through the Connecticut legal information that’s online. We compile Law by Subject pages, which gather together quality online resources on individual topics. We compile research guides (pathfinders), which function as annotated bibliographies of resources available in our law libraries. We also compile pages that topically arrange links for quick access to Connecticut law, federal law, and resources for finding a lawyer. There are links to advance release opinions, recent advance release opinions by subject, family support magistrate decisions, recent tax court decisions, statutes, and court rules. And if you don’t find what you need, you can always ask a librarian. The Connecticut Judicial Branch Law Libraries provide research guidance to all patrons, and our website furthers that mission. 10/8/2009
Effective on and after November 1, 2009, any Court-ordered advertisement must be posted on the Judicial Branch website through the Foreclosure Ad Posting program available to Committees through E-Services. In addition, an advertisement is to be placed on two (2) separate dates in a newspaper as directed by the Court.
Today's term comes from the Criminal Jury Instructions Glossary of Terms:
Dangerous Instrument: "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used or attempted or threatened to be used, is capable of causing death or serious physical injury. It includes:
- a vehicle. "Vehicle" means a motor vehicle, a snowmobile, any aircraft, or any vessel equipped for propulsion by mechanical means or sail.
- a dog that has been commanded to attack, except a dog owned by a law enforcement agency of the state or any political subdivision thereof or of the federal government when such dog is in the performance of its duties under the direct supervision, care and control of an assigned law enforcement officer.
It is important to note that the article need not be inherently dangerous; all that is required is that the article was capable of causing death or serious physical injury under the circumstances in which it was used. Any article or substance, without limitation and even though harmless under normal use, may be found by you to be a dangerous instrument, if under the circumstances of its use or threatened or attempted use, it is readily capable of producing serious physical injury or death.
Source: General Statutes § 53a-3 (7) (applies to Penal Code). 10/6/2009
- Governor's Proposed Incentives for Pratt & Whitney - 2009-R-0333
You wanted to know the details of the governor's September 3 Pratt & Whitney assistance plan. You specifically wanted to know if (1) the law allows the governor to provide the assistance and (2) other companies would qualify for it.
10/5/2009
- Health Insurance Benefits - Comparing Connecticut, Medicare, United Kingdom, and France - 2009-R-0229
You asked us to compare health insurance coverage in Connecticut with that under Medicare and the national plans in the United Kingdom and France. In particular, you asked us to consider benefit mandates recently enacted or proposed in Connecticut and whether similar benefits are included in the other plans.
- Subscription Membership Ambulance Service - 2009-R-0323
You asked if any New England or Tri-State area states exempt nonprofit, volunteer ambulance companies offering subscription memberships for its ambulance service from insurer licensure and reserve requirements. You also asked why automobile clubs can operate roadside assistance on a membership basis in Connecticut without being exempted from insurance law requirements.
- Solar Electricity Work - 2009-R-0340
You asked if there are differences between the scopes of practice for “solar electricity work” described in (1) the initial legislation, (2) implementing regulations, and (3) a letter you provided this office.
- Regional Emergency Medical Services Councils - 2009-R-0334
You asked for background information on regional emergency medical services (EMS) councils, particularly when and why they were created, their original geographic boundaries and any changes to those boundaries, and how they are governed. 9/30/2009
- Criminal Trover (General Statutes § 53a-126a): A person is guilty of criminal trover in the first degree when he forcibly enters or forcibly removes the ignition of the motor vehicle of another and uses the motor vehicle without the consent of such owner, and such use results in damage to or diminishes the value of such motor vehicle or subjects such owner to economic loss, fine or other penalty.
- (General Statutes § 53a-126b): A person is guilty of criminal trover in the second degree when, knowing that such person is not licensed or privileged to do so, such person uses the personal property of another without the consent of such owner, and such use results in damage to or diminishes the value of such property or subjects such owner to economic loss, fine or other penalty.
9/29/2009
A new web page, located in the Connecticut Cases section of our website, lists the NewsLog categories for advance release Connecticut Supreme and Appellate Court opinions.
9/22/2009
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Green Party of Connecticut v. Garfield — 2009-R-0332
You wanted (1) a summary of Green Party of Connecticut, et al. v. Garfield, et al., U.S.____ (2009), and (2) to know the impact the decision has on Connecticut campaign finance laws.
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Strict Liability — 2009-R-0336
You asked for examples of state statutes that impose strict civil liability. 9/18/2009The 2009 edition of Intent to Argue has been posted to our research guides page. This 2009 pathfinder has updated citations to case law, rules, standing orders, forms, and treatises.
9/16/2009
In anticipation of Constitution and Citizenship Day, here's a selection of links to quality source materials concerning the Federal Constitutional Convention and the debates in the states concerning the adoption of the U.S. Constitution. Connecticut had three delegates at the Constitutional Convention.
U.S. Congressional Documents and Debates, 1774 to 1875
(Library of Congress: American Memory)
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Farrand's Records: The Records of the Federal Convention of 1787
“One of the great scholarly works of the early twentieth century was Max Farrand's The Records of the Federal Convention of 1787. Published in 1911, Farrand's work gathered the documentary records of the Constitutional Convention into four volumes--three of which are included in this online collection--containing the materials necessary to study the workings of the Constitutional Convention. According to Farrand's introduction, at the close of the convention, the secretary, William Jackson, delivered all the materials to the president of the convention, George Washington, who turned these papers over to the Department of State in 1796. In 1818, Congress ordered that the records be printed, which was done under the supervision of the Secretary of State John Q. Adams, in 1819.”
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Elliot's Debates: The Debates in the Several State Conventions on the Adoption of the Federal Constitution
“The Debates in the Several State Conventions on the Adoption of the Federal Constitution is a five-volume collection compiled by Jonathan Elliot in the mid-nineteenth century. The volumes remain the best source for materials about the national government's transitional period between the closing of the Constitutional Convention in September 1787 and the opening of the First Federal Congress in March 1789. On September 17, 1787, the Continental Congress accepted the recommendation of the Constitutional Convention and agreed to distribute the proposed constitution to the states; each state was then to elect delegates to a state convention to approve or disapprove the new constitution. The Constitution would take effect upon ratification by the conventions of nine of the thirteen states.”
Useful links for further research:
9/11/2009
- 2009 Acts Affecting Business - 2009-R-0257
This report summarizes acts affecting businesses the legislature passed during the 2009 regular and special sessions. 9/9/2009
Treasure Trove: "consists of coins or currency concealed by the owner . . . . It includes an element of antiquity . . . . To be classified as treaure trove, the property must have been hidden or concealed for such a length of time that the owner is probably dead or undiscoverable." Benjamin v. Lindner Aviation, Inc., 534 N.W.2d 400, 406 (Iowa 1995).
9/8/2009
- Courts Mailing Documents - 2009-R-0312
You asked how much the courts spend on postage for mailing documents to attorneys and whether courts are required to mail documents.
Backgrounder: Health Savings Accounts and High Deductible Health Plans - 2009-R-0315
Effective January 1, 2004, federal tax law established health savings accounts (HSAs) through which people may accumulate funds on a pre-tax basis. The HSA funds must be used to pay for qualified medical expenses.
Private Sector Participants in a Public Health Care Plan - 2009-R-0320
You asked what constitutes a de minimis number of private sector participants in a public health care plan such that the public plan's ERISA-exempt status is not jeopardized.
Site Selection Assistance - 2009-R-0279
You asked if the Department of Economic and Community Development (DECD) steers businesses to sites in certain towns.
Food Processor Reporting Requirements - 2009-R-0310
You asked for summaries of California's and Georgia's bills requiring food processors to report positive tests for pathogens or harmful contaminants and of relevant provisions of the Connecticut Food Drug and Cosmetic Act.
Municipality Authority to Prescribe Criteria for Economic Development Incentives - 2009-R-0303
You asked if the law allows municipalities to enact stricter standards for economic development tax incentives or loans than the statutes prescribe. You were specifically interested in whether a municipality could consider a developer's track record with regard to community and worker environmental standards when offering incentives or selecting developers for an economic development project.
Backgrounder: Estate and Inheritance Taxes in Connecticut and Other States - 2009-R-0305
Connecticut's estate tax has been an issue in the General Assembly since its passage in 2005. This report provides background on the historical relationship between federal and state estate taxes and the effect of 2001 federal estate tax changes on state estate taxes.
Policy Questions and Implications of New Energy Technologies - 2009-R-0293
You asked for a discussion of the policy questions and implications of two new electric technologies, electric vehicles and “smart grids”.
Connecticut's Black Bear Population - 2009-R-0313
You asked several questions about bears. Specifically, you wanted to know the size of Connecticut's black bear population, a summary of state laws regarding them, and a summary of regulatory provisions in neighboring states.
9/3/2009
Some of the fee increases effective September 9, 2009 are listed below:
- SummaryProcess/Housing Civil $175.00
- Housing Motion to Open Judgment $ 75.00
- Small Claims EntryFee $ 75.00
- Bank & Property Executions $ 75.00
- Motion to Transfer Small Claims $125.00
to the Regular Docket
See §§135 through 139 of House Bill 6802 for details. The Litchfield Law Library has acquired two important titles of particular interest to the criminal defense attorney, on the subject of forensic ballistics and pathology.
Stop by or contact Louise Tucker for more information on the availability of these and other titles. 9/2/2009
Pairing: A type of "absence voting" by which two members who, had they been present for a vote, would have voted on opposite sides. When they agree to pair themselves they indicate their respective positions on the issue and the fact that their absences did not effect the outcome. The Senate rules provide for pairing.
See also:
8/28/2009
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Medicaid Coverage of Assisted Living Services — 2009-R-0300
You asked (1) if Medicaid coverage is available to someone living in a private assisted living facility and (2) what the legislature could do to help seniors who exhaust their own resources remain in these facilities instead of being forced to move into more restrictive settings. You have a constituent living in a private Alzheimer's assisted living facility who can no longer pay for his care and was told he must transfer to a nursing home in order to receive Medicaid coverage.
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Health Insurance Coverage for Cancer Pills — 2009-R-0311
You asked if Connecticut law requires health insurance policies to provide coverage for oral medication to treat cancer and, if not, if a law could be passed to require such coverage. You provided an article from The New York Times that discussed the coverage issue as stemming from the difference in cost between receiving cancer medications intravenously versus orally in pill form (Insurance Laws as Cancer Care Comes in a Pill, April 15, 2009).
8/27/2009
The following notice was recently posted on the Judicial Branch home page:
8/26/2009
Today's term comes from the General Statutes of Connecticut:
Felony (General Statutes § 53a-25): An offense for which a person may be sentenced to a term of imprisonment in excess of one year is a felony.
Misdemeanor (General Statutes § 53a-26): An offense for which a person may be sentenced to a term of imprisonment of not more than one year is a misdemeanor.
Further…
Offense (General Statutes § 53a-24): The term "offense" means any crime or violation which constitutes a breach of any law of this state or any other state, federal law or local law or ordinance of a political subdivision of this state, for which a sentence to a term of imprisonment or to a fine, or both, may be imposed, except one that defines a motor vehicle violation or is deemed to be an infraction. The term "crime" comprises felonies and misdemeanors. Every offense which is not a "crime" is a "violation". Conviction of a violation shall not give rise to any disability or legal disadvantage based on conviction of a criminal offense.
Infraction (General Statutes Chapter 881b): An infraction is a breach of a state law, regulation or local ordinance so designated by the Legislature, for which an appearance in court is usually not required and payment of the amount due by mail or in person is authorized pursuant to C.G.S. § 51-164n. An infraction is neither a crime nor an offense as defined in the penal code. [Source: Mail-In Violations and Infractions Schedule]
For more information, see our Law about Criminal Penalties and Law about Criminal Records pages. 8/25/2009
A few Connecticut state agencies have published 2009 legislative summaries:
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Commission on Aging
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Commission on Children
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Commission on Human Rights and Opportunities
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Department of Agriculture
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Department of Banking
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Department of Developmental Services
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Department of Insurance
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Department of Mental Health and Addiction Services
The Office of Legislative Research also publishes summaries of new laws affecting various subjects, including municipalities, children, energy and utilities, health care, environment, real estate, insurance, seniors, and veterans. They also publish OLR Major Acts (2009), a summary of selected acts. 8/20/2009
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Authority to Prescribe Tax Payment Methods – 2009-R-0309
You asked on behalf of a constituent whether town treasurers have the authority to prescribe acceptable tax payment methods or instruct tax collectors on the same.
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Tanning Beds – 2009-R-0307
You asked for information on Connecticut's law on use of tanning beds by minors, including background on its adoption as well as the law's enforcement provisions. You are also interested in legislation in other states as well as health concerns associated with tanning beds.
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Gun Seizure Law - 2009-R-0306
You asked for an update of OLR Report 2008-R-0280 on the state's gun seizure law. This report covers the period October 1, 1999 through May 31, 2009.
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Nurse Practitioners (APRNS) – 2009-R-0301
You asked for information on nurse practitioners in Connecticut, including their scope of practice and the meaning of the term “collaborative practice.” You also want to know how Maine and Massachusetts address these issues.
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Propane Issues - 2009-R-0296
You asked for background on the laws governing propane dealers.
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Sunday Sales by Package Stores – 2009-R-0295
You asked (1) for the legislative history of the ban on Sunday sales by package stores, (2) for a summary of Fair Cadillac-Oldsmobile v. Bailey concerning Sunday sales by car dealers, (3) if the ban on package store Sunday sales can be overturned by legislation, and (4) if there is any other retail segment that must close on Sunday.
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Microbrewery Law – 2009-R-0291
You asked if other states have laws specifically concerned with microbreweries.
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Crime Victim Notification - 2009-R-0288
You asked for the status of the crime victim notification system authorized by PA 08-1, January Special Session, An Act Concerning Criminal Justice Reform.
The following notice was recently posted on the Judicial Branch home page:
- Civil E-filing will be unavailable from Fri., 8/21 at 5pm until Mon., 8/24 at 7:30am. E-Services and Civil Inquiries will be unavailable Sun., 8/23 7am-5pm. We apologize for any inconvenience.
8/12/2009
Default Judgment – A judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint.
8/10/2009
- Connecticut Insurance Industry Labor Data - 2009-R-0265
You asked for Connecticut insurance industry labor data. Specifically, you asked if there have been any studies to determine how many jobs the industry, while laying off local employees, has (1) outsourced to offshore vendors and (2) given to workers here on a visa.
- Acts Affecting Energy and Utilities - 2009-R-0274
This report provides highlights of new laws (public acts) affecting energy and public utilities enacted during the 2009 regular and special legislative sessions.
- Acts Affecting Children - 2009-R-0264
This report provides brief highlights of new laws (public acts) affecting children passed during the 2009 regular session.
- The Liquor Control Act and Liquor Prices - 2009-R-0278
You asked for a summary of the provisions of the Liquor Control Act that either are directly concerned with prices or have a strong indirect effect on prices.
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Local Ordinances Restricting Sex Offenders from Certain Areas - 2009-R-0277
You asked (1) for the number of Connecticut municipalities with ordinances banning sex offenders from certain areas, (2) the legal authority municipalities have used to adopt these ordinances, and (3) whether the ordinances have been challenged.
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Acts Affecting Municipalities - 2009-R-0259 This report provides highlights of new laws (public acts) affecting municipalities and municipal employees enacted during the 2009 regular and special legislative sessions.
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Motor Vehicle Registration and Driver Licensing Agencies in Other States - 2009-R-0292
You asked how the other states structure their agencies to perform motor vehicle registration and driver licensing functions. In particular, you wanted to know which states have a free-standing motor vehicle department like Connecticut and which use other agency structures. 8/5/2009
Recklessly: A person acts "recklessly" with respect to a result or to a circumstance described by a statute defining an offense when (he/she) is aware of and consciously disregards a substantial and unjustifiable risk that such result will occur or that such circumstance exists. The risk must be of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
Source: General Statutes § 53a-3 (13) (applies to Penal Code). 7/30/2009
"To assist attorneys, legal support staff, and court staff in preparing for mandatory e-filing of most civil cases, e-filing training will be held on the following dates in the court locations listed below…" [e-file training dates] 7/29/2009
Claims Against the State: A petition for the payment or refund of money by the state or for permission to sue the state. Most claims are decided by the claims commissioner, who is a gubernatorial appointee. But the General Assembly must approve the commissioner’s recommendations for payments that exceed $7,500, that allow someone to sue the state, or that waive the time limits for filing claims.
See also:
7/24/2009
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Lemon Law — 2009-R-0267
You asked for information about the lemon law.
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Revising Local Board of Education Membership — 2009-R-0252
You asked whether citizens may initiate recall proceedings against local board of education members under CGS §§ 9-203 or -205 by circulating petitions signed by at least 25 citizens and if not, for a summary of those sections.
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State Laws on Inhalant Use — 2009-R-0251
You asked to compare Connecticut's law governing the use of inhalants with those in other states.
7/22/2009
Hot Potato Doctrine: "...bars an attorney from representing a more lucrative client in a case against a less lucrative client that the attorney dropped like a "hot potato" when the more rewarding client came along." Metropolitian Life Insurance Co. v. Guardian Life Insurance Co. of America, N.D. ILL., No. 06 C 5812, 5/18/09) see also Picker Intern., Inc. v. Varian Associates, Inc. 670 F. Supp. 1363, 1365 (N.D. Ohio 1987). 7/21/2009
On June 22, 2009, the judges of the Superior Court adopted revisions to the Connecticut Practice Book. The revisions become effective on January 1, 2010, except the revisions to Practice Book Section 13-4 which become effective on September 1, 2009.
7/17/2009The titles below were supplemented or otherwise updated in June. The links will send you to the catalog record, which lists the owning libraries and provides more bibliographic information. You can also contact your local library to inquire about these titles.
7/15/2009
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CONN. GEN. STAT. § 46b-56d (2009).
“(a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocation would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child.”
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Alienation of Affections- “This is a tort based upon willful and malicious interference with the marriage relation by a third party, without justification or excuse. The title of the action is alienation of affections. By definition, it includes and embraces mental anguish, loss of social position, disgrace, humiliation and embarrassment, as well as actual pecuniary loss due to destruction or disruption of marriage relationship and the loss of financial support, if any.” (emphasis added) Donnell v. Donnell, 415 S.W.2d 127, 132 (Tenn. 1967).
7/14/2009
Permitting Process for Power Plants - 2009-R-0246
You asked for a description of the process the Department of Environmental Protection (DEP) and the Siting Council follow in issuing permits for power plants. You also wanted to know the number of permit applications for power plants each agency has received in the past five years and the number of permits granted.
This report lists the bills considered during the General Assembly's 2009 regular session and June 19 Special Session (JSS) whose provisions were enacted under another bill number. The provisions of many bills that die in committee or on the calendar in fact become law after (1) the original committee incorporates them in another bill that receives a favorable report or (2) a member offers the concept as an amendment that is adopted and incorporated in another bill. This report includes bills whose language may have changed in the final enactment from that of the original committee bill or file, but that represent the legislature's final action on the matter taken during one of the sessions referenced above.
Acts Affecting Insurance - 2009-R-0253
This report provides brief highlights of new laws affecting insurance enacted during the 2009 regular session. Each summary indicates the public act (PA) number and effective date.
You asked for a description of the procedure four city school districts use to disburse education funds as directed by the board of education. You were interested in the disbursement processes in Bridgeport, Hartford, New Haven, and Waterbury.
This report provides brief highlights of new laws (public acts) affecting seniors (people age 60 or older) enacted during the 2009 session. At the end of each summary we indicate the bill number or, if one is already available, public act (PA) number. At this point, not all acts have been signed by the governor.
States Limiting Legislative Debate - 2009-R-0249
You asked for information on rules and procedures in other states (1) limiting debate, specifically debate on bills, rather than motions or other activity, and (2) preventing filibusters and providing for cloture.
You asked to compare Connecticut's law governing the use of inhalants with those in other states.
Eye and Dental Coverage in charter Oak - 2009-R-0262
You asked (1) why dental and vision care services are not part of the Charter Oak Health Plan's (COHP) coverage and (2) if they were ever considered as the program was developed.
Legal Notices - 2009-R-0260
You asked (1) for the number of legal notices each state agency placed in a newspaper in the last fiscal year, (2) for the cost of placing the notices, (3) if any of the cost was used to convert the notices to Spanish or place them in Spanish-language media, and (4) for the name and contact information of the person who decides where the notices are placed.
You asked us to summarize the laws allowing municipalities to collaborate on economic development.
Triclosan - 2009-R-0245
You asked for information on triclosan, including its regulation and associated health issues. 7/13/2009
- 2009 Veto Package (2009-R-0232).
"The governor vetoed the following Acts (18 public acts and two special acts)...
A vetoed act will not become law unless it is reconsidered and passed again by a two-thirds vote of each house of the General Assembly. The legislature is scheduled to meet for a veto session on July 20.
This report is in two sections: regular and June special sessions. It contains a brief summary of each act, the final vote tallies, and excerpts from the governor's veto messages."
7/8/2009
This is a reminder that our Law about Landlord/Tenant page includes a link to the full-text of the following publication, which can be very useful in researching housing law issues that are brought in small claims court:
7/2/2009
We will be closed on Friday, July 3 in observance of Independence Day. Regular hours resume on Monday, July 6. For future reference, there is a complete list of holiday court closings posted online. 7/1/2009
- Backgrounder: History of State Action in Absence of Budget Before the Beginning of a New Fiscal Year - 2009-R-0255
As a result of the recent financial crisis, states are facing unprecedented budgeting challenges. According to the National Conference of State Legislatures (NCSL), 46 states begin their new fiscal year on July 1, 2009. Of these, six are currently awaiting executive action on their budgets and at least seven, including Connecticut, have had to extend their legislative sessions or enter into special session for the purpose of adopting FY 2010 budgets. NCSL's research indicates that in almost half of the states in the country, the government could shut down if a budget is not passed by the beginning of the fiscal year. Approaches vary in the remaining states, including temporary budgets adopted by the legislature and full or partial continuing payments based on statutory or constitutional authority. Some states have never had to deal with this situation. This report explores the procedures that might be applicable in Connecticut in the absence of a budget based on the two most recent examples.
- Hospital Emergency Medical Treatment for Indigent People - 2009-R-0248
You asked for a summary of laws governing how hospitals must treat indigent people who present with emergency conditions, particularly those governing their transferring such people to other facilities.
- Clubs, Cafes, Restaurants, and Taverns - 2009-R-0244
You asked for the type of liquor permit a social club can hold and how that permit differs from other permits allowing the sale of alcoholic beverages for on-premises consumption.
- Federal and State Sex Offender Laws - 2009-R-0240
You asked about four things concerning sex offender registries:
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information about the federal law;
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if any action is pending in Congress to adopt a national sex offender registry;
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how Connecticut law resembles the Adam Walsh Act; and
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if there are any proposed or recent changes to the Connecticut sexual offender registry. 6/29/2009
Public Act 09-233
Public Act 09-234
Public Act 09-235
Public Act 09-236
Public Act 09-237
Public Act 09-238
Public Act 09-239
Public Act 09-240
Public Act 09-241
Public Act 09-242
Public Act 09-243
6/24/2009
- Cottage Communities and Mobile Manufactured Home Parks- 2009-R-0230
You asked for a comparison of the statutory rights of a cottage association resident who owns the cottage and leases its lot with those of a mobile manufactured home park resident who owns the mobile manufactured home and leases its lot.
- Insurance Producer Offering Insurance Fee 2009-R-0015
You asked if an insurance producer can legally offer a referral fee to an unlicensed person and, if so, when this became permissible. American Jurisprudence Proof of Facts 3d has released volume 107, which includes the following five articles:
- Proof of Unpaid Overtime Under Fair Labor Standards Act
- Proof of Contempt for Violation of Bankruptcy Discharge Injuction (11 U.S.C.A Sec. 524(a) (2)) by Individual Debtor.
- Proof of Discretionary Function Exception in Action Brought Pursuant to Federal Tort Claims Act (FTCA)
- Duress, Coercion, or Undue Influence in Execution of Separation Agreement (superseding 6 Am. Jur. Proof of Facts 2d 741)
- Slip and Fall Due to Foreign Substance on Floor (superseding 28 Am. Jur. Proof of Facts 2d 16)
To determine whether a law library near you has an up-to-date set, contact your local law library or click here for our catalog listing. 6/22/2009
Public Act 09-210
Public Act 09-211
Public Act 09-212
Public Act 09-213
Public Act 09-214
Public Act 09-215
Public Act 09-216
Public Act 09-217
Public Act 09-218
Public Act 09-219
Public Act 09-220
Public Act 09-221
Public Act 09-222
Public Act 09-223
Public Act 09-224
The State Library will be closed to the public on Mondays for the summer. Effective July 1, the new public service hours for the Library will be Tuesday through Friday 9-5 and Saturday 9-2. The Museum of Connecticut History’s hours are not affected. The Museum’s hours will remain Monday through Friday 9-4 and Saturday 9-3. Both the Library and Museum will be closed July 3 and 4 in celebration of Independence Day. 6/19/2009
Public Act 09-195
Public Act 09-196
Public Act 09-197
Public Act 09-198
Public Act 09-199
Public Act 09-200
Public Act 09-201
Public Act 09-202
Public Act 09-203
Public Act 09-204
Public Act 09-205
Public Act 09-206
Public Act 09-207
Public Act 09-208
Public Act 09-209
UCONN Women's Basketball Program - 2009-R-0175 You asked several questions regarding the UConn women's basketball program. You wanted to know (1) how much revenue it generates; (2) what it costs to operate, including ancillary costs; (3) the value and funding source for players' scholarships; and (4) the program's graduation rate.
Property Tax Assessment Administrative Models - 2009-R-0199
You wanted to know if there are alternatives to having each municipality appraise property for property taxes. 6/17/2009
Wage Withholding: A court order to deduct child support or alimony payments from someone’s’ wages. All child support court orders must include an income withholding order unless both parents ask the judge not to.
6/16/2009
Public Act 09-187
Public Act 09-188
Public Act 09-189
Public Act 09-190
Public Act 09-191
Public Act 09-192
Public Act 09-193
Public Act 09-194
6/12/2009Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts. To determine if a public act has been vetoed, check the bill history or the Governor's 2009 legislative information page, which links to the current bulletins.
Public Act 09-168
Public Act 09-169
Public Act 09-170
Public Act 09-171
Public Act 09-172
Public Act 09-173
Public Act 09-174
Public Act 09-175
Public Act 09-176
Public Act 09-177
Public Act 09-178
Public Act 09-179
Public Act 09-180
Public Act 09-181
Public Act 09-182
Public Act 09-183
Public Act 09-184
Public Act 09-185
Public Act 09-186
6/11/2009
The 2009 amendments to the 2005 State Building Code and the 2005 State Fire Safety Code have been posted on the Office of the State Building Inspector website. The amendments are effective on August 1, 2009 and were published in the Connecticut Law Journal on June 9.
Public Act 09-151
Public Act 09-152
Public Act 09-153
Public Act 09-154
Public Act 09-155
Public Act 09-156
Public Act 09-157
Public Act 09-158
Public Act 09-159
Public Act 09-160
Public Act 09-161
Public Act 09-162
Public Act 09-163
Public Act 09-164
Public Act 09-165
Public Act 09-166
Public Act 09-167
6/10/2009
Today's term comes from the Federal Judiciary website's list of Commonly Used Terms.
Information: A formal accusation by a government attorney that the defendant committed a misdemeanor. See also indictment.
In Connecticut all felonies are prosecuted by information, and misdemeanors, infractions and violations may be as well.
Check out our CT Law About pages for other aspects of criminal law.
The titles below were supplemented or otherwise updated in May. The links will send you to the catalog record, which lists the owning libraries and provides more bibliographic information. You can also contact your local library to inquire about these titles.
6/9/2009Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts. To determine if a public act has been vetoed, check the bill history or the Governor's 2009 legislative information page, which links to the current bulletins.
Public Act 09-137
Public Act 09-138
Public Act 09-139
Public Act 09-140
Public Act 09-141
Public Act 09-142
Public Act 09-143
Public Act 09-144
Public Act 09-145
Public Act 09-146
Public Act 09-147
Public Act 09-148
Public Act 09-149
Public Act 09-150
6/5/2009Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts. To determine if a public act has been vetoed, check the bill history or the Governor's 2009 legislative information page, which links to the current bulletins.
Public Act 09-123
Public Act 09-124
Public Act 09-125
Public Act 09-126
Public Act 09-127
Public Act 09-128
Public Act 09-129
Public Act 09-130
Public Act 09-131
Public Act 09-132
Public Act 09-133
Public Act 09-134
Public Act 09-135
Public Act 09-136
6/3/2009Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-112
Public Act 09-113
Public Act 09-114
Public Act 09-115
Public Act 09-116
Public Act 09-117
Public Act 09-118
Public Act 09-119
Public Act 09-120
Public Act 09-121
Public Act 09-122
Sine Die: Latin for "without day," meaning a final adjournment. A motion used to close an annual session of the General Assembly. It terminates all unfinished business.
6/2/2009
Mandated Regulations - 2009-R-0218
You want to know those regulations required by law that agencies have not promulgated to date. You also want to know of statutory authorizations or requirements for agencies to adopt “guidelines,” instead of regulations under the Uniform Administrative Procedure Act (UAPA).
Land Use Law and Mega Churches - 2009-R-0223
You asked for a discussion of state and local land use laws and regulations that might apply to a large church with ancillary facilities such as a gymnasium and multi-generational center (such complexes are often called “megachurches”). We also discuss a related federal law.
Top Husky A Employers - 2009-R-0217
You asked us to update information that we provided in 2005 indicating those employers with the highest number of employees whose children are enrolled in the HUSKY A program. [See also: Husky A-Number of Children Enrolled By Employer - 2005-R-0281]
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-106
Public Act 09-107
Public Act 09-108
Public Act 09-109
Public Act 09-110
Public Act 09-111
5/29/2009
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-77
Public Act 09-78
Public Act 09-79
Public Act 09-80
Public Act 09-81
Public Act 09-82
Public Act 09-83
Public Act 09-84
Public Act 09-85
Public Act 09-86
Public Act 09-87
Public Act 09-88
Public Act 09-89
Public Act 09-90
Public Act 09-91
Public Act 09-92
Public Act 09-93
Public Act 09-94
Public Act 09-95
Pubilc Act 09-96
Public Act 09-97
Public Act 09-98
Public Act 09-99
Public Act 09-100
Public Act 09-101
Public Act 09-102
Public Act 09-103
Public Act 09-104
Public Act 09-105
5/28/2009
Many of our law libraries have received volume 112 of Am. Jur. Trials. Below is the table of contents:
- Litigating Identity Theft Cases, 112 Am. Jur. Trials 1.
- Hospital Liability for Staph Infection, 112 Am. Jur. Trials 259.
- Arbitration Award Vacatur & Confirmation at Common Law -- A 21st Century Option, 112 Am. Jur. Trials 365.
To determine whether a law library near you has an up-to-date set, contact your local law library or check our online catalog record.
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-70
Public Act 09-71
Public Act 09-72
Public Act 09-73
Public Act 09-74
Public Act 09-75
5/20/2009
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-60
Public Act 09-61
Public Act 09-62
Public Act 09-63
Public Act 09-64
Public Act 09-65
Public Act 09-66
Public Act 09-67
Public Act 09-68
Public Act 09-69
Volume 36 of American Law Reports Federal 2d has been received by many of our libraries. Below is the Table of Contents for this volume.
- Page Validity, Construction, and Application of Religious Liberty and Charitable Donation Protection Act (RLCDPA) of 1998, Pub. L. No. 105-183
- Validity, Construction, and Application of Magnuson Fishery Conservation and Management Act Provision Mandating Actions by the Secretary of Commerce in Connection with Fishery Regulations (16 U.S.C.A. §§ 1854, 1855(a) to (d)
- Validity, Construction, and Application of U.S.S.C. § 5K2.8, Providing for Upward Sentence Departure for Extreme Conduct
- Application of § 204(c) of Immigration and Nationality Act, 8 U.S.C.A. § 1154(c), Barring Eligibility For Adjustment of Status In Case of Prior Marriage Entered Into for Purposes of Evading Immigration Laws
- When Is Six-Month Limitations Period, Applicable to Employee's "Hybrid" Action Against Employer and Union Under § 301 of Labor Management Relations Act of 1947 (29 U.S.C.A. § 185), Subject to Tolling or Equitable Modification for Reasons Other Than Pendency or Pursuit of Contractual or Internal Union Remedies
- Validity, Construction, and Application of § 6700 of the Internal Revenue Code (26 U.S.C.A. § 6700) Imposing Civil Penalties for Promoting Abusive Tax Shelters
- When Is Federal Officer Assaulted "While Engaged In, or on Account of, Performance of Official Duties" for Purposes of Offense of Assaulting, Resisting, or Impeding Federal Officer Under 18 U.S.C.A. § Ill
- Construction and Application of Fed. R. Bankr. P. 9019(a), Concerning Judicial Approval of Compromise or Settlement in Bankruptcy Proceeding-Based on Probability of Success in Litigation
To determine whether a law library near you has an up-to-date set, contact your local law library or search our catalog.
Today's term comes from the Connecticut Workers' Compensation website's Glossary:
Written Notice of Claim: Claimant's written notice alleging a compensable work-related injury or occupational disease and claiming workers' compensation benefits for such. The Workers' Compensation Commission Form 30C serves as a proper written notice of claim.
5/18/2009
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-50
Public Act 09-51
Public Act 09-52
Public Act 09-53
Public Act 09-54
Public Act 09-55
Public Act 09-56
Public Act 09-57
Public Act 09-58
Public Act 09-59
5/15/2009
- Credit Scores - 2009-R-0195
You asked for information on (1) whether an individual must be notified that an action may harm his or her credit score, (2) how long a credit score can be affected, and (3) whether any legislation exists to change the way in which credit scores are evaluated.
- Pharmaceutical Gift Ban Legislation - 2009-R-0202
You asked a series of questions about bills in other states to ban pharmaceutical and medical device company gifts to health care providers or require disclosure of such gifts, the effects of existing bans in Massachusetts and Minnesota, and Connecticut's bioscience industry.
- Dram Shop Act and Casino Liability - 2009-R-0182
You asked if tribal sovereignties, particularly casinos, may be held liable under the Dram Shop Act for alcohol-related automobile accidents caused by casino patrons.
- Insurance Credit Scoring Systems - 2009-R-0185
You asked (1) for a description of the credit scoring system used by insurance companies, (2) for a rationale for this system, and (3) whether the law requires applicants to be notified when their insurance credit score does not give them the “best rate.”
- Regionalizing Property Tax Revaluation - 2009-R-0198
You asked us to identify the issues facing municipalities and regional planning organizations (RPOs) considering revaluing property on a regional basis. Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-29
Public Act 09-30
Public Act 09-31
Public Act 09-32
Public Act 09-33
Public Act 09-34
Public Act 09-35
Public Act 09-36
Public Act 09-37
Public Act 09-38
Public Act 09-39
Public Act 09-40
Public Act 09-41
Public Act 09-42
Public Act 09-43
Public Act 09-44
Public Act 09-45
Public Act 09-46
Public Act 09-47
Public Act 09-48
Public Act 09-49
5/13/2009
Credit counseling: Generally refers to two events in individual bankruptcy cases: (1) the "individual or group briefing" from a nonprofit budget and credit counseling agency that individual debtors must attend prior to filing under any chapter of the Bankruptcy Code; and (2) the "instructional course in personal financial management" in chapters 7 and 13 that an individual debtor must complete before a discharge is entered. There are exceptions to both requirements for certain categories of debtors, exigent circumstances, or if the U.S. trustee or bankruptcy administrator have determined that there are insufficient approved credit counseling agencies available to provide the necessary counseling.
5/12/2009
Connecticut Law About Condominiums has been added to our Law by Subject Web pages. This new resource provides links to each of the three statutory chapters on condominium law. Links to the full-text of Office of Legislative Research reports covering a wide a variety of condominium law questions have been included. And there is also information on available law library materials, which you can access by visiting one of our law libraries. Lawson Ward of the Milford Law Library has added the titles below to New Milford's treatise collection. Stop by and browse or contact Lawson for more information on these and other titles.
5/7/2009
Click on the new legislation category located on the left column of the NewsLog to view the other 2009 public acts posts.
Public Act 09-16
Public Act 09-17
Public Act 09-18
Public Act 09-19
Public Act 09-20
Public Act 09-21
Public Act 09-22
Public Act 09-23
Public Act 09-24
Public Act 09-25
Public Act 09-26
Public Act 09-27
Public Act 09-28
The titles below were supplemented or otherwise updated in April. The links will send you to the catalog record, which lists the owning libraries and provides more bibliographic information. You can also contact your local library to inquire about these titles.
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Restatements of the Law. American Law Institute. [Multiple catalog records]
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5/6/2009
Regulation: A rule adopted by a state agency to implement, interpret, or prescribe law or policy or describe its procedure or practice requirements. Agency regulations have the force of law, must be adopted according to procedures described in the law, and must be approved by the Legislative Regulation Review Committee.
For more information on regulations and rulemaking in Connecticut, see the following publications:
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The Regulation Review Committee - 2008-R-0531
You asked a series of questions, each of which we answer separately below, about the structure, authority, and procedures of the Legislative Regulation Review Committee (LRRC).
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For more information on the federal rulemaking process, see the following publications:
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Reg Map ("The Reg Map is a chart that gives an overview of the ‘informal rulemaking’ process.")
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The following self-help books have been received by the Norwich Law Library. (The links will send you to the catalog record, which lists the other owning libraries and provides more bibliographic information.)
There is a new volume for American Law Reports 6th series. The Table of Contents for Volume 43 are as follows:
- Circumstances Excusing Demand Upon Board of Directors that is Otherwise Prerequisite to Bringing of Stockholder’s Derivative Suit on Behalf of Corporation
- Reciprocal Discipline of Attorneys---Criminal Conduct
- Admissibility of Biomedical Engineer Testimony
- Validity of Search of Cruise Ship Cabin
- Construction and Application of Exclusive Remedy Rule Under State Workers’ Compensation Statute with Respect to Liability for Injury or Death of Employee as Passenger in Employer-Provided Vehicle---Against Whom May Rule Be Invoked and Application of Rule to Particular Situations and Employees
- Adequacy of Defense Counsel’s Representation of Criminal Client Regarding Entrapment Defense---State Cases
- Construction and Application of Limited Liability Company Acts---Issues Relating to Formation of Limited Liability Company and Addition of Disassociation of Members Thereto
To determine whether a law library near you has an up-to-date set, contact your local law library or search our catalog for "American Law Reports 6th". 5/5/2009
We've created a Web page that brings together and organizes links to the most frequently requested online public records:
4/30/2009
We will be posting links to new public acts once they are assigned public act numbers.
Public Act 09-01
Public Act 09-02
Public Act 09-03
Public Act 09-04
Public Act 09-05
Public Act 09-06
Public Act 09-07
Public Act 09-08
Public Act 09-09
Public Act 09-10
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