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.
-
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.”)
-
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
|
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
-
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.
-
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.
-
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.
-
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. 10/16/2009
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
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.
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
-
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.
-
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.
9/11/2009
- 2009 Acts Affecting Business - 2009-R-0257
This report summarizes acts affecting businesses the legislature passed during the 2009 regular and special sessions. 9/8/2009
- 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.
8/28/2009
-
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.
-
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).
8/20/2009
-
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.
-
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.
-
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.
-
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.
-
Propane Issues - 2009-R-0296
You asked for background on the laws governing propane dealers.
-
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.
-
Microbrewery Law – 2009-R-0291
You asked if other states have laws specifically concerned with microbreweries.
-
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. 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.
-
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.
-
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.
-
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. 7/24/2009
-
Lemon Law — 2009-R-0267
You asked for information about the lemon law.
-
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.
-
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.
7/15/2009
|
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.”
| 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. 7/8/2009
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:
7/1/2009
- 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:
-
information about the federal law;
-
if any action is pending in Congress to adopt a national sex offender registry;
-
how Connecticut law resembles the Adam Walsh Act; and
-
if there are any proposed or recent changes to the Connecticut sexual offender registry. 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. 6/19/2009
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. 6/2/2009
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] 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. 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. 4/30/2009
- Death Penalty Appeals and Habeas Proceedings - 2009-R-0178
You asked for (1) a description of the appeals that are possible for a criminal defendant who has been convicted of a capital felony in Connecticut and sentenced to death, (2) a description of state and federal habeas proceedings, and (3) the status of appeals by inmates sentenced to death in Connecticut. This report updates OLR Reports 98-R-0823 and 2009-R-0155.
- Legislative History of Various Service of Process Fees - 2009-R-0183
You asked for background on the legislative history of CGS § 52-261. You were interested in learning the history of and rationale for the $ 1 per page fee for copies of writs and complaints, the $ 0. 40 per page fee for endorsements, and the $ 30 fee for serving process. You also wanted to know (1) what constitutes process, (2) is the delivery of one complaint intended to be one process even if it contains an exhibit and whether the original intent was that this be construed as a single delivery, and (3) why some marshals charge an extra $ 30 for the lis pendens when a complaint is served that has the lis pendens as an exhibit. 4/24/2009
The Legal Action Center also provides Connecticut specific legal information on its website:
4/14/2009
-
Valuing Property for Assessment Purposes – 2009–R-0161
You asked the following questions regarding the valuation of real property for assessment purposes: (1) what is the statutory framework for valuing property for tax purposes, (2) what is the meaning of “fair market value” and “highest and best use” in this context, (3)would single family developments be considered the “highest and best use” in areas zoned for such housing, and (4) what is the impact of permanent conservation easement on such valuation.
-
Minimum Pricing Laws – 2009-R-0171
You asked for a list of goods in Connecticut subject to minimum markup laws or other price-fixing laws, the rationale for setting the price, and the estimated price if open competition were allowed.
3/30/2009
- Changes to Court Rules Under CGS §51-14(B) - 2009-R-0165
You asked us to identify statutes that were converted to court rules under CGS § 51-14(b). You also want to know whether (1) any of the rules were changed, (2) the Judicial Branch submitted proposed changes to the legislature as required by the statute, and (3) the legislature ever took any action on submitted rules. 3/12/2009A cooperative endeavor between the Connecticut Judicial Branch and the Connecticut Bar Association will soon make available briefs filed in the Connecticut Supreme Court. See this press release (.pdf) for further details. 3/10/2009
Whistleblower Laws - 2009-R-0145
You asked for a summary of (1) Connecticut's whistleblower law, including the complaint process and the agencies involved; (2) complaint processes in other states; and (3) the complaint process under the federal whistleblower law. 3/9/2009
We have updated our Web page on How to Find Connecticut Statutes Online. This page demonstrates how to find statutes if you know the specific section and if you want to search by subject, including proximity searches. 2/24/2009
The Office of Legislative Research (OLR) has issued the following reports:
Condominium Act - Rights of Unit Owners - 2009-R-0123
You asked what actions unit owners can take under the Condominium Act to contest decisions and actions taken by the association of unit owners' board of directors. You also asked if the act authorizes a unit owner to repair significant damage to his unit (but not the common elements) without the board's approval. Your questions assume the unit owner is in a condominium that is governed by the Condominium Act. Our office is not authorized to give legal opinions and this report should not be considered one.
2/18/2009
There is a new Connecticut Law by Subject page available online concerning the Law about Unemployment. You'll find links to the CT Department of Labor's website, relevant statutes, and Office of Legislative Research reports, in addition to other useful information.
The Office of Legislative Research (OLR) has issued the following reports:
You asked for synopses of certain bills currently before the Public Safety and Security Committee.
You asked for a summary of Attorney General Blumenthal's proposal that home health aides submit to criminal history checks when they are hired.
You asked us to compare Connecticut's cosmetician licensing and testing requirements with those of Massachusetts, New York, New Jersey, Pennsylvania, Virginia, and Puerto Rico.
You asked for information on the application process for judicial marshals (or similarly situated court security staff) in other states, specifically relating to the extent of the criminal background check required.
You asked for a report on any bills proposed this session allowing single occupancy vehicles to use the high occupancy vehicle (“HOV”) lane for a fee or toll. 2/10/2009
"Damp" Towns - 2009-R-0101
You asked for information about “damp” towns in Connecticut, the current state of local option in the Liquor Control Act, and the impact that Proposed Bill 313 would have on local option.
Criminal Fines - 2009-R-0102
You asked about the fines for different classes of crimes, when they were last changed, why they were changed, and what they would be if adjusted for inflation since the last time they were changed.
Laws on Municipal Electric Utilities - 2009-R-0086
You asked for a summary of the laws governing municipal electric utilities. The first part of this memo focuses on the provisions contained in chapter 101 of the statutes (CGS § 7-213 et seq. ), which has been largely unchanged since it was adopted in 1893. Several municipal utilities were formed by special act, which have separate provisions. OLR memo 2009-R-0090 provides additional information on municipal electric utilities, including descriptions of the existing utilities.
2/9/2009
- Chapter 1: Best Interest of the Child Standard in Connecticut
- Chapter 2: Child Custody Actions in Connecticut
- Chapter 3: Child Visitation Actions in Connecticut
- Chapter 4: Parental Kidnapping in Connecticut
- Chapter 5: Rights of Grandparents in Connecticut
2/3/2009
- Restitution Fees in Connecticut - 2009-R-0051
You want to know (1) the amount of restitution fees the state collected for crime victims between 2004 – 2009, (2) the number of crime victims paid such fees, and (3) the number of crime victims who were not paid and the reasons why.
- Lowering the Drinking Age - 2009-R-0081
You asked for information about the drinking age in Connecticut, specifically policies around lowering the drinking age, the impact on federal funding, and the states considering lowering the age.
- Chapter 1: Conception and Birth in Connecticut
- Chapter 2: Paternity Actions in Connecticut
- Chapter 3: Children's Surnames in Connecticut
- Glossary
1/29/2009
-
Chapter 1. Alienation of affection in Connecticut
-
Chapter 2. Domestic violence in Connecticut
-
Chapter 3. Parental kidnapping
-
Chapter 4. Torts of minors in Connecticut 1/27/2009The Connecticut Department of Labor has posted updated guidance on the interaction between federal and Connecticut Family and Medical Leave Act (FMLA) regulations.
1/26/2009
- Judicial Selection - 2009-R-0057
You asked if a constitutional amendment is needed to require that Connecticut judges be elected rather than appointed.
- Special Education Mandates and Funding - 2009-R-0039
You asked (1) what special education services school districts must provide, (2) what laws require districts to provide the services, (3) for a summary of special education process requirements, and (4) what special education funding towns and school districts receive from the federal and state governments. This report updates information in OLR Report 2005-R-0892.
- Local fire Marshals - 2009-R-0043
You asked for general information on fire marshals, including their qualifications, their duties and responsibilities, and how they may be removed from office. 1/20/2009
- Patient Information Security - 2009-R-0019
You asked for information regarding federal and state safeguards preventing the medical industry from using patients' social security numbers (SSNs) inappropriately, particularly the security standards, the penalties for security breaches, and efforts to curb the use of SSNs.
- Education Mandates on Local School Districts - 2009-R-0001
You asked for a list of state education mandates on local school districts. This report updates our 2006 report (2006-R-0355) to include mandates adopted, eliminated, or modified in the 2007 and 2008 legislative sessions. 1/12/2009
The 2009 edition of Marital and Civil Union Property in Connecticut has been posted to our research guides page. Below is the table of contents.
Part I - Prior to Marriage or Civil Union
-
Chapter 1 Breach of promise to marry - return of engagement ring and courtship gifts
-
Chapter 2 Antenuptial (premarital) agreements in Connecticut
Part II - During Marriage and Civil Union
-
Chapter 3 Property of spouse or party to a civil union
Part III - Upon the Death of a Spouse or Party to a Civil Union
-
Chapter 4 Rights of surviving spouse or Party to a Civil Union
Part IV - Upon Dissolution, Legal Separation, or Annulment
-
Chapter 5 Equitable Distribution of Marital Property in Connecticut
1/9/2009The 2009 edition of our research guide on Audita Querela has been posted to our Web site.
|
"Audita querela is a remedy granted in favor of one against whom execution has issued on a judgment, the enforcement of which would be contrary to justice because of (1) matters arising subsequent to its rendition, (2) prior existing defenses that were not available to the judgment debtor in the original action, or (3) the judgment creditor's fraudulent conduct or circumstances over which the judgment debtor had no control." Oakland Heights Mobile Park, Inc. v. Simon, 668 A.2d 737, 40 Conn.App. 30 (Conn.App. 1995). | 12/23/2008
Many of our law libraries have received the sixth edition of A Practical Guide to Connecticut School Law, by Thomas B. Mooney. Contact your local library for availability.
For further school law research, we have put together a Self-Help Law by Subject page on school law. The school law page brings together links to selected statutes, regulations, research guides, informational pamphlets, and helpful Web sites. 12/18/2008
Do you need to determine whether the Connecticut Judicial Branch Law Libraries own a treatise on Connecticut [fill in the blank] law? The Connecticut Treatise Index has been created to answer that question with the click of a mouse. The updated index organizes Connecticut treatises into thirty-one broad subjects so that you can quickly discover the title you need.
12/12/2008
- Statutory Interpretation: General Principles and Recent Trends (PDF - 55 pages)
Summary: "The [U.S.] Supreme Court has expressed an interest 'that Congress be able to legislate against a background of clear interpretive rules, so that it may know the effect of the language it adopts.' This report identifies and describes some of the more important rules and conventions of interpretation that the Court applies. Although this report focuses primarily on the Court’s methodology in construing statutory text, the Court’s approach to reliance on legislative history are also briefly described." 12/8/2008
You want to know (1) the types of services Connecticut Legal Services (CLS) provides, (2) the asset and income eligibility guidelines for getting CLS legal aid for a rental problem, and (3) whether someone denied such aid may appeal.
You asked for the number of A and B felony cases transferred from Geographical Area (GA) courts to Judicial District (JD) courts during the past fiscal year.
You asked (1) whether legislation has been introduced in Connecticut to require pawnbrokers to keep their purchase records electronically and (2) whether such legislation has been adopted by any of the other New England states.
You asked for a breakdown of all offenses in the Connecticut Penal Code (Title 53a of the General Statutes). You asked for them listed in a chart with information on penalties.
You asked what penalties other states impose for conduct similar to Connecticut's second degree custodial interference law.
You asked (1) for a legislative history of the 15-year statute of limitations for property tax collections and (2) whether any bills have been introduced to shorten the collection time period. 11/28/2008
Most of our law libraries have received Connecticut Landlord and Tenant Law with Forms, by Noble F. Allen (2008). The table of contents is below:
11/21/2008
Options Regarding Unhealthy Apartments - 2008-R-0618
You asked: (1) whether a tenant can obtain a “second opinion” from a state agency as to extent of and risks posed by the mold and (2) if this opinion shows that the apartment is unhealthy, whether the tenant can obtain relief in the form of spray painting the apartment or relocation assistance. We understand you have a constituent who has been issued an eviction notice for nonpayment of rent. She asserts that there is mold in her apartment, which her town has inspected at her request.
Safeguarding Personal Information - 2008-R-0632
You asked why the legislature exempted state agencies and political subdivisions from the duty to safeguard personal information established by PA 08-167. 11/14/2008
We have posted the 2008 edition of our research guide on Surface Water in Connecticut.
|
Surface waters: “those casual waters which accumulate from natural sources and which have not yet evaporated, been absorbed into the earth, or found their way into a stream or lake. The term does not comprehend waters impounded in artificial ponds, tanks or water mains.”
Taylor v. Conti, 149 Conn. 174, 178, 177 A.2d 670 (1962). |
Related Links:
11/12/2008
- § 1 Action of Replevin in Connecticut
- § 2 Replevin Writ
- § 3 Defenses
- § 4 Judgment
- § 5 Annotations from early Connecticut reporters
- Table 1 Commencement of action for replevin
- Table 2 Security deposits
- Table 3 Pleading Replevin
- Table 4 Burden of proof
The Connecticut Judicial Branch also publishes a helpful civil procedure page that details the filing requirements for a replevin action. To browse all of our in-depth research guides, visit our research guides page. To browse all of our self-help pages, visit our self-help law by subject page. 11/7/2008
We have updated our self-help law by subject page on wrongful discharge from employment. From one page you can now find links to library research guides, jury instructions, Office of Legislative Research reports, informational pamphlets, selected statutes and regulations, and agency publications and decisions.
MEDICAL MALPRACTICE INSURANCE CLOSED CLAIM REPORTS - 2008-R-O429
You asked for information on the state mandated medical malpractice insurance closed claim reporting.
FEDERAL COURT DECISION ON PRE-PAID GIFT CARDS - 2008-R-0598
You asked how the decision in SPGGC, LLC v. Blumenthal D. Conn. (2006), 408 F. Supp. 2d 87, affirmed in part, vacated in part, and remanded 505 F. 3d 183, affects Connecticut's law on pre-paid gift cards. You also wanted to know the status of that part of the case that was remanded to the federal district court.
You asked identify every instance, since 1965, in which the state Supreme or Appellate court:
- held that the legislature did not have authority to act and the legislature responded by proposing a constitutional amendment granting itself additional power,
- held that a state statute was unconstitutional and the legislature passed legislation effectively reversing or overturning the Court's decision, or
- issued a decision and the legislature passed legislation effectively contrary to the Court's decision.
You asked for a summary of the law that governs access to care under the Medicaid program, including the contracts that the Department of Social Services (DSS) maintains in the HUSKY program. 11/3/2008American Jurisprudence POF3d has released volume 103. The table of contents includes the following articles:
- Proving Independent Contractor Status in Challenging Unemployment Insurance and Workers' Compensation Assessments.
- Expert Testimony at Sentencing.
- Invasion of Privacy By Public Disclosure of Private Facts.
- Proof of Tortious Interference with Prospective Contractual Relations.
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.
- Legislation on Paintball Guns - 2008-R-0571 You asked for information on legislation regulating paintball guns in other states and proposals in Connecticut.
- Mail Order Prescription Drugs - 2008-R-0605 You asked if insurers or employers can require a person covered by a health care benefit plan to use a mail order prescription program.
- Voting on the Constitutional Convention Ballot Question and in Initiative States - 2008-R-0584 You asked (1) for the percentage of electors who voted on the 1986 ballot question asking whether there should be a constitutional convention, (2) whether there was a correlation between municipal population and percentage of vote on the ballot question, and (3) whether this percentage of vote was greatest in cities.
- Legal protections for Municipal Retiree Pensions - 2008-R-0540 You asked if Connecticut and federal law provide protections for municipal employees' defined benefit pensions including whether there are (1) requirements for annual actuarial contributions or (2) prohibitions on raiding pension funds or reducing benefits.
- Criteria Used to Award State Building Construction Contracts - 2008-R-0581 You asked for the criteria used in Connecticut and other states to award state building construction contracts.
10/30/2008
"Attorney General Richard Blumenthal today answered a series of legal questions formally asked by state officials relating to the Connecticut Supreme Court ruling in Kerrigan v. Commissioner of Public Health....
- The Kerrigan decision does not alter the status of existing civil unions in Connecticut. Both same sex marriages and civil unions will be granted and recognized under current law and policy.
- Same sex couples who are currently in civil unions are NOT required to dissolve their civil unions prior to marrying each other, but must take additional and separate steps to be married.
- Couples who have entered into civil unions will continue to be eligible for all health, pension, life insurance and other benefits now guaranteed under civil unions.
- Connecticut will continue to recognize the validity of out-of-state civil unions and, in addition, will now recognize out-of-state same-sex marriages.
- Parties to a same sex marriage will now be accorded the same state tax treatment as parties to civil unions and opposite-sex marriages.
- The age restrictions and other requirements currently in place for a marriage between opposite-sex couples will apply fully and equally to same-sex couples.
- Although no state law requires justices of the peace to marry any particular couple, they may not refuse to perform a marriage for discriminatory reasons, in violation of the Connecticut Constitution."
View the opinion to the Comptroller
View the opinon to Public Health
View the opinion to Revenue Services 10/28/2008
Many of our law libraries have received volume 109 of Am Jur Trials. Below is the table of contents:
- Arbitrating Securities Industry Disputes at FINRA
- Determining the Medical and Emotional Bases for Damages
10/24/2008
-
Same-Sex Marriages and Equivalent Relationships - 2008-R-0574
You asked (1) what states and foreign entities allow gay and lesbian couples to marry or enter into equivalent relationships and (2) what same-sex relationships are expressly recognized as being the equivalent of a civil partnership under the laws of the United Kingdom. We have used multiple sources to verify our interpretation of laws written in languages other than English.
-
Summary of D.C. v. Heller - 2008-R-0578
You asked for a summary of District of Columbia v. Heller, the U. S. Supreme Court decision upholding a federal district ruling that a Washington, D. C. law banning handguns and requiring other firearms to be stored unloaded or locked was unconstitutional on Second Amendment grounds.
-
DOC — Penal Code - 2008-R-0552
You asked what the consequences are to inmates who assault other inmates or Department of Correction (DOC) staff. 10/16/2008
Volume 26, no. 4 of the Quinnipiac Law Review has an article starting at page 919 called "Brownfield Development in Connecticut: Overcoming the Legal and Financial Obstacles" by Barry J. Trilling & Sharon R. Siegel.
The table of contents includes the following:
Introduction
I. Overview
A. What are Brownfields?
B. The Liablity Scheme
C. The CERCLA Story
D. Programs to Remediate and Develop Brownfields
II. Conn. Law Governing Brownfield Remediation & Development
A. Recent Developments Affecting Brownfields
B. The Connecticut Property Transfer Act
C. Connecticut Voluntary Remediation Program
D. Covenants Not to Sue
E. Third-Party Liability for Contaminated Property
10/3/2008
Welcome to a new feature of the NewsLog. We will be posting a selection of titles updated each month in our law libraries. The titles below were supplemented or otherwise updated in September. The links will send you to the catalog record for each title. Each catalog record lists the owning libraries and provides more bibliographic information. You can also contact your local library to inquire about these titles.
9/29/2008
|
"The statutory method for collection of unpaid real estate taxes with which this case is concerned is the public auction, or ‘tax sale,’ pursuant to General Statutes § 12-157, as amended by Public Act No. 95-228 § 3. Unlike a statutory tax foreclosure; General Statutes §§ 12-181, 12-182; or a civil action in debt to collect the tax; General Statutes § 12-161; a public auction of real estate pursuant to General Statutes § 12-157 is entirely extra-judicial." Pace Motor Lines, Inc. v. Biagiarelli, Superior Court, Judicial District of Bridgeport, Docket No. 318117S, 17 Conn. L. Rptr. 77 (June 24, 1996). |
- 2008-R-0512
Summary of Connecticut's DUI law.
-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).
LAWS ON REGIONAL ENTITIES
2008-R-0533
You asked for a brief description of the regional entities current law allows municipalities to form, how they are formed, and their responsibilities and powers. We also briefly discuss other statutes allowing municipalities to collaborate on different activities without forming a regional entity.
MARITAL & FAMILY THERAPIST LICENSURE
2008-R-0541
You asked for information on the standards for licensure of marriage and family therapists around the country, with emphasis on a comparison of California's and Connecticut's requirements. (A previous OLR Report, 2008-R-0486, also provides information related to this report.)
9/26/2008The Connecticut Practice Series expands to 21 volumes with the addition of Steven Tomeo's Connecticut DUI Law. This paperback is over 800 pages, contains 28 chapters and follows the chronological order of a drinking and driving case. 9/25/2008
The Federal Judicial Center has published Federal Statutory Structure and Legislative Drafting Conventions: A Primer for Judges, by M. Douglas Bellis. Section 1 of this short paper covers (a) sources of statutory law, including (1) what is and is not the authorative text of federal legislation, and (2) the codification process; Section 2 explains (a) the naming of subdivisions in a statute, including (1) sections, (2) subsections, (3) paragraphs, and (4) clauses. Section 3 discusses other legislative drafting conventions that may be useful to know, including but not limited to what "including" means in federal statutes. 9/24/2008
|
"An enhancement of the wife's legal status had been brought about by the enactment of the Married Women's Act in 1877. See Public Acts 1877, c. 114 (now General Statutes 46b-36). This legislation enabled a married woman to control her own property and to sue and be sued in the same manner as her husband." Yale University School Of Medicine V. Collier, 206 Conn. 31,34, 536 A.2d 588 (1988). | 9/16/2008
We have posted the 2008 edition of our glossary of Connecticut Family Law Terms. The number of definitions has nearly doubled for this edition. 9/10/2008
Here’s a quick and free way to retrieve a Federal Reporter decision if you have the citation. Because Public.Resource.Org has made available post-1950 Federal Reporter 2d and 3d decisions in an easily browseable format, you can click on the following links to access the volumes.
Public.Resource.Org also makes available U.S. Supreme Court decisions, although these can be found through many other Web sites as well (e.g. FindLaw, LexisOne, Legal Information Institute, Justia, etc.).
If you need to search across the Public.Resource.Org case law offerings, you can do a Google search, restricting the search to site:http://bulk.resource.org/courts.gov/c along with your keywords or citation.
Public.Resource.Org is not the place to find the most recent decisions, but it can be useful to easily retrieve older decisions at no charge. There are many more court documents and decisions at this site, including raw TIFF files for Federal Reporter First Series, volumes 1 through 281. To see what is available, go to http://bulk.resource.org/courts.gov/. 9/9/2008
LexisOne has expanded its access to free case law. Besides accessing U.S. Supreme Court cases from 1790 to present, you can also access state and federal cases decided within the last 10 years. Click here for jurisdictions available through their free caselaw. Please note you must register to use their service. A tip of the hat to the Wisconsin State Library for bringing this to our attention.
9/2/2008We have posted an informational page about the following training program offered by the Connecticut Judicial Branch:
The Connecticut Judicial Branch is offering training on Connecticut legal research and courthouse resources for new and experienced attorneys. There will be three locations around the state as indicated below. Sessions will be 2:00 p.m. to 4:00 p.m. in the Jury Assembly Room in each courthouse. Attorneys and paralegals are invited to attend this free training.
8/26/2008
- 2008-R-0467
You asked for a legislative history of PA 06-176, which created a local option senior property tax freeze. You also asked which towns adopted a local tax freeze in response to this legislation.
- 2008-R-0469
You asked (1) why the law was expanded to require the Judicial Branch to use multiple lists to compile its jury selection pool and (2) whether any states exempt violent crime victims from jury service
.
- 2008-R-0471
You asked for a description of incentives in other states for people who buy hybrid vehicles or convert conventional vehicles to hybrids.
STATE FUEL AND PETROLUEM PRODUCTS TAXES AND TAX EXEMPTIONS
- 2008-R-0480
You asked the several questions about state taxes on, and tax exemptions for, fuel and other petroleum products. Questions and answers appear separately below.
NURSE MALPRACTICE
-2008-R-0483
You asked for any information on nurse malpractice in Connecticut, particularly involving advanced practice registered nurses. 8/21/2008The legislative history for Public Act 06-168, An Act Concerning the Relocation of Parents Having Custody of Minor Children, has been posted to the Legislative Histories section of our Web site. Among other things, Public Act 06-168 shifted the burden of proof concerning the child's best interest to the relocating parent. Prior binding case law placed the burden on the parent objecting to the move. Resources for researching this topic follow:
8/14/2008
You asked for the number of arrests and convictions for marijuana possession and sales crimes in Connecticut during the past five years and the cost to the state to incarcerate those convicted.
You asked if Connecticut law makes it illegal for a small business owner to offer health insurance to employees who work fewer than 30 hours a week. 8/13/2008
- Proof of Facts Allowing a Federal Court to Assert Personal Jurisdiction Over a Defendant Not Present in the United States.
- Advance Directives for Medical and Psychiatric Care.
- Proof of Nondischargeability of Debt Based on Fraud or Defalcation Committed by Debtor While Acting in a Fiduciary Capacity Under Bankruptcy Code § 523(a)(4) and (c).
- Acts Constituting Rejection of Real Estate Contract Offer(superseding 27 Am. Jur. Proof of Facts 2d 605).
- Impossibility of Performing Contract (superseding 24 Am. Jur. Proof of Facts 2d 269).
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 Jurisprudence Proof of Facts 3d series." 8/11/2008A selection of recently updated titles in our libraries is below:
(The links go to publishers' descriptions and tables of contents.)
To determine whether a law library near you has these treatises up-to-date, contact your local law library or search our catalog for the above titles. 8/8/2008
A selection of recently updated titles in our libraries is below:
(The links go to publishers' descriptions and tables of contents.)
To determine whether a law library near you has these treatises up-to-date, contact your local law library or search our catalog for the above titles. 8/5/2008
Volume 37 of West's Causes of Action Second (COA 2d) has been received by many of our libraries. Below is the table of contents for this volume:
-
Cause of Action against Employer for Intentional Infliction of Emotional Distress, 37 COA2d 1
-
Cause of Action for Breach of Contract for Construction or Repair of Residence, 37 COA2d 159
-
Cause of Action in Private Nuisance for Water Pollution, 37 COA2d 281
-
Cause of Action for Injuries Resulting from Tanning Equipment/Processes, 37 COA2d 385
-
Cause of Action for Violation of the Individuals with Disabilities Education Improvement Act of 2004 (IDEIA) [20 U.S.C.A. §§1400 et seq.], 37 COA2d 447
-
Cause of Action to Expunge Adult Criminal Record, 37 COA2d 615
To determine whether a law library near you has this series up-to-date, contact your local law library or search our catalog for "COA 2d." 7/31/2008
The 2008 edition of our research guide on Names and Name Changes in Connecticut has been posted to our research guides page. Below is the table of contents:
Sections in this chapter:
Tables in this chapter:
-
Table-1. Statutes dealing with name changes
-
Table-2. Idem Sonans
-
Table-3. Shockley v. Okeke
-
Table-4. Restrictions on contents of birth certificate 7/30/2008
The 2008 edition of our research guide on Parental Kidnapping has been posted to our research guides page. Below is the table of contents:
Sections in this chapter:
-
§ 1. Hague Convention On The Civil Aspects Of International Child Abduction
-
§ 2. Federal Parental Kidnapping Prevention Act (PKPA)
-
§ 3. Interstate (New Law)
-
§ 3a.Interstate (Prior To July 1, 2000)
-
§ 4. Custodial Interference
-
§ 5. Indian Child Welfare Act (ICWA)
Appendix A: The Hague Convention On The Civil Aspects Of International Child Abduction
Appendix B: Connecticut’s Parental Abduction Law
Tables in this chapter:
-
Table 1. Requirements of the Hague Convention
-
Table 2. Affirmative Defenses to International Parental Kidnapping
-
Table 3. Enforcement under UCCJEA
-
Table 4. Tort of custodial interference or child abduction
-
Table 5. Criminal custodial interference 7/25/2008
- Where does "the law" come from?
- Why the focus on common law?
- Locating the "perfect case"
- Source Hierarchy: Good Law and Better Law
- Sample Research Strategies
- Finding the Law: Statutes, Cases, Secondary Sources
- Favorite Resources of the Law Library Reference Staff
- Common Abbreviations
7/23/2008
The Connecticut State Library's Public Acts and Special Acts and General Statutes of Connecticut page is a handy resource for finding out when Connecticut Public Acts became effective. For example, click on July 2008 to see all the public that became effective on July 1, 2008.
The page also includes links to subject indexes of the Public and Special Acts covering the years 1996 - 2007. The subjects/topics are sorted alphabetically and have direct links to the text of the public acts. 7/21/2008
STATE BUILDING CODE - 2008-R-0428
You want to know (1) if there is a State of Connecticut basic building code, (2) what edition of the building code is currently being used in Connecticut and where it can be purchased, and (3) if local appeal boards may override local building officials' decisions.
You asked how civil courts compel witnesses to testify and what expenses are reimbursed.
7/16/2008
Section 1983 Litigation, Second Edition analyzes the fundamental issues that arise in litigation under 42 U.S.C. § 1983, and the case law interpreting those issues. This edition contains new sections on jury instructions and the Rooker-Feldman Doctrine, new material on retaliatory prosecutions, and expanded coverage on jurisdiction. Research for this edition concluded with the October 2007 Supreme Court term and covers courts of appeals decisions reported through June 30, 2008.
7/15/2008
Below is the table of contents:
"Recent Developments in Connecticut Conservatorship Law" ..... Kate McEvoy
"The Creation And Evolution of the Office of Connecticut Attorney General" .... Henry S. Cohn
"Navigating Connecticut's Marketable Record Title Act: A Roadmap for the Practitioner" .... Jonathan M. Starble
"Where Have All the Horses Gone? The Personal Property Tax and Connecticut's Underground Horse Industry" .... Donna Sims 7/3/2008
SMALL CLAIMS COURT MAGISTRATES - 2008-R-0363
You asked (1) about the process for choosing magistrates to handle small claims court cases, (2) how are they appointed, (3) what qualifications are required, (4) what training do they receive, and (5) how someone makes a complaint against a magistrate.
SENTENCE REVIEW AND MODIFICATION - 2008-R-0372
You asked for (1) a summary of the state law on sentence review and modification, including the criteria for reducing sentences; (2) statistics on applications or petitions for review or modification; and (3) a comparison of Connecticut's law to the law in the other New England states.
SEX OFFENDER REGISTRATION - 2008-R-0373
You asked if the law can be changed to remove the requirement for “statutory rape” offenders who are under age 18 to register as sex offenders. You also asked if sex offenders are required to register or remain registered, as the case may be, if the crime they were convicted of is no longer a crime. You were particularly interested in “statutory rape” offenders.
GUN SEIZURE LAW - 2008-R-0280
You asked for an update of OLR Report 2006-R-0330 on the state's gun seizure law. This report covers the period October 1, 1999 through May 31, 2008.
1. How many states have tax appeal or review processes independent of state tax departments?
2. What is Connecticut's current tax appeal process?
3. What Connecticut laws would need to be changed to establish an independent tax appeal process?
4. Are there any models for an independent process?
5. What are the appeal time limits in other states?
6. What number and percentage of tax appeals were resolved in favor of Connecticut taxpayers in most recent year for which figures are available? 6/24/2008
The 2008 edition of our research guide on motions to reargue has been posted to our Web site. Below is the table of contents:
6/18/2008
The 2008 edition of our research guide on motions for clarification has been posted to our Web site. The table of contents is below:
The 2008 edition of our research guide on motions for articulation has been posted to our Web site. The table of contents is below:
6/17/2008
-
Scope of Freedom of Information Act – 2008 -R-0333
You asked (1) for a brief summary of the Freedom of Information Act's (FOIA) disclosure requirements; (2) how the act treats records of death, marriage, divorce, and real estate transactions; and (3) if individuals can ask agencies to treat their records confidentially.
-
Ingredient Labeling Laws – 2008-R-0334
You asked for a summary of federal ingredient labeling laws, especially those relating to allergens. You also asked for summaries of the comparable laws in Connecticut, Massachusetts, New Jersey, New York, and Rhode Island.
6/12/2008
The 2008 edition of Enforcing Money Judgments has been posted to our Web site. Besides updated case law citations, table 6 has been added on reverse piercing of the corporate veil. Also, information on enforcing a Connecticut money judgment in Mashantucket Pequot Tribal Court has been added to the frequently asked questions section.
6/11/2008
If you just want to see who owns a certain title you can search the holdings of 24 law library catalogs either individually or collectively at the New England Law Library Consortium's (NELLCO) new website. Go to www.nellco.org, click on "Community" and then click on "Online Catalogs" or go directly to NELLCO's catalog page.
| | | |