The Office of the Attorney General William Tong
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Page 188 of 214
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This is in response to your request for an opinion on whether the Department of Liquor Control is authorized to issue a package store permit in the Town of Bozrah under the package store ratio law, Conn. Gen. Stat. § 30-14a.
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Your office presented us with the following two questions relating to Section 51 of 1994 Conn. Pub. Act No. 94-4 of the May Special Session now codified as Conn. Gen. Stat. § 12-62h: 1) Is a municipality required to revalue all real property for property tax purposes by taking all the normal and necessary actions involved in the revaluation of real property, before its legislative body may vote to stay the implementation of said revaluation? 2) Does this legislation allow a municipality to defer beginning the process of revaluation until after the conclusion of the 1995 session of the General Assembly?
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You have requested our opinion as to whether the State Insurance Purchasing Board (the "Board") has authority under Conn. Gen. Stat. § 4a-20 to make payment on a premium for a surety bond purchased directly by the Treasurer.
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You have asked for an opinion regarding whether the payments for educational and other services which the Board of Education and Services for the Blind ("BESB") makes for the benefit of blind or visually impaired students and blind or visually impaired students with additional disabilities, pursuant to Conn. Gen. Stat. §10-295(a) and (b), respectively, are discretionary expenditures or in the nature of mandatory entitlements.
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You have asked for an opinion regarding the Board of Education and Services for the Blind's ("BESB") reimbursement to towns, pursuant to Conn. Gen. Stat. §10-295, for certain special education instructional and service costs for special education students who are blind or visually impaired. In particular, you have indicated that while the statute places yearly monetary limits on the amount BESB may reimburse towns per student for such costs, due to billing and paperwork delays, reimbursements owed to towns have gone into arrears in recent years. Further, you have indicated that in dealing with this statutory reimbursement scheme, BESB has switched from a cash to an accrual basis of accounting, and you now wish to know whether, consistent with the statutory amount limitations, actual reimbursement payments to towns in a given year may exceed the statutory limits, provided the costs being reimbursed accrued within the yearly statutory limits per child.
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This is a response to your request for formal advice regarding whether it is lawful, under Conn. Gen. Stat. § 42-202, for licensed funeral establishments to invest escrow monies received pursuant to funeral service contracts in life insurance policies.
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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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We are responding to your request for advice as to how a December 8, 1994 informal opinion to former Commissioner Nicholas Cioffi regarding the Department of Public Safety Division of Fire, Emergency, and Building Services' civil regulatory jurisdiction over certain activities on the Mashantucket Pequot Reservation ("Reservation") would "impact the services" your agency provides with respect to boxing on the Reservation.
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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 letter dated October 16, 1995, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) under the Workers' Compensation Act for the years 1994 and 1995 for persons injured prior to July 1, 1993.
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The Honorable Nancy Wyman, Comptroller, 1995-019 Formal Opinion, Attorney General of Connecticut
This is in response to your predecessor, William E. Curry's request for an opinion inquiring whether the Departments of Mental Health, Mental Retardation, and Children and Family Services may operate trustee accounts for their outpatient clients as activity funds pursuant to Conn. Gen. Stat. § 4-52, et seq.
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Alan S. Plofsky, State Ethics Commission, 1997-010 Formal Opinion, Attorney General of Connecticut
This letter is in response to your February 6, 1997 inquiry regarding the Legislative Regulations Review Committee's rejection without prejudice of your agency's proposed regulations implementing amendments to the lobbyist registration laws set forth in Public Act 96-11.