Formal Opinions
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Your office requested our opinion on four questions arising out of audits of municipalities and nonprofit entities conducted pursuant to the State Single Audit Act, Conn. Gen. Stat. § 4-230 et seq. (the "Act"). The Act establishes a uniform annual single audit procedure for recipients of combined federal and state financial assistance. The Act eliminates duplicate audits required under other state laws and regulations.
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Recently, it has come to the attention of this office that certain retail firearms dealers have advertised that customers may purchase handguns until October 1, 1995 without a permit to carry such weapons, and without an eligibility certificate. This "policy" is apparently prompted by their interpretation of the interplay between Connecticut General Statutes §§ 29-33 and 29-36j. The purpose of this letter is to (1) clarify the relationship between these two statutes, and (2) afford the Department of Public Safety appropriate guidance concerning the proper implementation of the statutes' provisions.
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You have requested our advice on whether first selectpersons who exercise criminal law enforcement powers must successfully complete the training requirements established by the Municipal Police Training Council ("MPTC") pursuant to Conn. Gen. Stat. § 7-294d.
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I am in receipt of your letter dated September 21, 1995, in which you emphasize your concern that the establishment of a third casino in this state not jeopardize the level of revenues currently being received by the State under the Memorandums of Understanding (MOUs) between the State and the Mashantucket Pequot and Mohegan Tribes. In response to this concern, you issued an RFP that required each casino proposal to provide a guarantee that the State will receive, over a three-year period, up to $610 million to make up for any cessation in the Tribes' payments under the MOUs.
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n your letter of November 7, 1995, you asked several questions concerning the relationship between the University of Connecticut and the University of Connecticut Foundation. You have asked three specific questions. First: May University employees work under the direction of the Foundation, with the Foundation reimbursing the University for the salary and fringe benefits of these employees? Second: May the Foundation utilize money received from the University for fund-raising services to repay its obligations (including salaries) to the University? Third: May the University provide services, such as computer support services, to the Foundation at no cost?
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Hon. John G. Rowland, State of Connecticut, 1995-011 Formal Opinion, Attorney General of Connecticut
You have asked this office whether, upon passage of Senate Bill No. 158, authorizing the creation of a "commission on the future of gaming in Connecticut," the Mashantucket Pequot Tribe and the Mohegan Tribe (if they commence casino operations) would continue to be obligated to the terms of the Memorandums of Understanding ("MOUs") related to the operation of video facsimile machines at tribal casinos. You have also asked about the State's ability to enforce its agreement with the Tribes, and its ability to prevent any loss of revenue from the monthly contributions made by the Mashantucket Pequot Tribe under the agreement.
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In your letter of December 7, 1994 you seek our advice with regard to two questions related to the provisions of P.A. 93-219. 1. Is an inmate who is subject to Section 10 of the Act and who under your letter of November 23 must serve the full term imposed by the court unreduced by any good time credits and who is in the custody of the Commissioner of Correction on the date he or she historically would have been discharged entitled to be mandatorily paroled by the Parole Board and then subject to its supervision for the remainder of the full term imposed by the sentencing court? 2. For those persons who are serving sentences for which there is no parole eligibility, but who may be eligible for community release under the provisions of Conn. Gen. Stat. § 18-100c, are they entitled to be mandatorily transferred to community supervision on the date they historically would have been discharged?
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You have requested our opinion regarding the legal status of a tower to be used by WHUS, the radio station funded by student activity fees at the University of Connecticut at Storrs (the "University"). Specifically, you have asked whether the tower, on which the Department of Public Safety, Division of State Police (the "State Police") intends to place telecommunications equipment, is "owned or operated by the state" within the meaning of the Public Utility Environmental Standards Act ("PUESA"), Conn. Gen. Stat. § 16-50i(a)(6).
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This is in response to your request for opinion dated January 10, 1990, regarding whether vacant parcels qualify for inclusion under the Private College and General Hospital Grant Program, Conn. Gen. Stat. e 12-20a, which provides municipalities with a grant in lieu of property taxes for certain educational and medical facilities located in such municipalities which provide regional and statewide benefits.
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Your office requested our opinion on whether the Town of Seymour may enter into an agreement with a third party agent to collect current and delinquent sewer use charges pursuant to authority granted in Public Act 96-217, as amended.
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You have asked for our opinion whether the provisions of 1987 Conn. Pub. Acts No. 87-554, Sec. 10.(c), now Conn. Gen. Stat. e 54-211(c), should be applied retroactively to a claim which arose prior to the effective date of the act.
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You have asked for our opinion whether a gasoline retailer who offers a discount for cash paying customers must affirmatively disclose to consumers when such a cash discount does not apply to debit card purchases of gasoline
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Honorable Nancy Wyman, Comptroller, Formal Opinion 2009-008, Attorney General State of Connecticut
This letter responds to your request for a formal legal opinion as to whether Article Fourth, § 16, of the Connecticut constitution permits a Governor to veto individual line items in an appropriations bill
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You have requested our opinion regarding the scope of the Connecticut Siting Council's (the "Council") jurisdiction over the placement of an FM radio station antenna on an existing community antenna television tower.
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Hon. John P. Burke, Department of Banking, 1995-024 Formal Opinion, Attorney General of Connecticut
You have asked this office for an opinion regarding your authority to approve and to regulate a branch (the "Branch") of a Connecticut bank (the "Bank") to be established in Foxwoods Casino (the "Casino") on the Mashantucket Pequot Reservation (the "Reservation") in Ledyard, Connecticut.