1998 Formal Opinions
Page 2 of 2
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This is in response to your request for an opinion concerning the term of office of the Executive Director of the Commission on Human Rights and Opportunities (Commission). You ask specifically when the term of office of Louis Martin, who was appointed executive director in 1994, expires, and whether he may hold over after the expiration of his term until a successor is appointed.
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In a memorandum dated October 5, 1998, your agency asked for our opinion regarding two questions that have arisen since the issuance of our September 28, 1998 opinion regarding Public Act 98-111. The first question asks the following: 1) A review of the opinion would seem to indicate that an individual convicted of, for example, C.G.S. Sec. 53a-71(a)(1), and sentenced to a term of probation commencing September 28, 1998 would not have to be registered under either Public Act 97-183 or Public Act. 98-111. Your second question is as follows: 2) Section 3(b) of the Act provides that any individual who has been subject to the registration requirements of Public Act 97-183 must register under Public Act 98-111 in the manner required for sexually violent offenders.
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This is in response to your letter dated June 2, 1998, in which you request our opinion regarding the scope of authority delegated to the State Traffic Commission ("Commission") to establish speed limits on multiple lane, limited access state highways. More specifically, you ask whether or not the Commission has the authority to establish a speed limit above fifty-five (55) miles per hour but less than the sixty-five (65) miles per hour maximum speed limit set forth in Conn. Public Acts No. 98-181, Sec. 1.
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You have asked for an opinion regarding the interpretation of certain provisions of the Memorandum of Understanding (MOU), originally executed April 25, 1994, between the State of Connecticut and the Mohegan Tribe ("Tribe") which permits the Tribe to operate video facsimile games as long as the Tribe contributes to the State a percentage of the revenue generated from those games in accordance with the terms of the MOU. In particular, a dispute has arisen between the Division of Special Revenue ("Division") and the Tribe concerning how to calculate certain payments.
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Your office has asked this office for advice about the applicability and constitutionality of Public Act 97-58, 1, with regard to Allstate's "Do I Need An Attorney?" flyer.
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In a letter dated April 16, 1998, you requested our advice on the authority of the New Haven County Sheriffs Department to operate the Union Avenue Detention Center (New Haven lockup). Your request arose as a result of a report by the Auditors of Public Accounts which questions whether your continued operation of the New Haven lockup is in full compliance with all applicable laws and regulations.
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This is in response to your request for opinion pertaining to reimbursement of regulatory costs under the Mashantucket Pequot Gaming Procedures, 56 Fed. Reg. 24996 (May 31, 1991) (Procedures). You ask whether the Procedures, which allow you to assess the Mashantucket Pequot Tribe (Tribe) for "reasonable and necessary costs" of regulating and investigating operations at Foxwoods, include reimbursement of indirect as well as direct costs.
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You have requested our opinion on whether Conn. Gen. Stat. 7-374b(b) and 7-403a authorize municipalities to issue general obligation bonds to fund their unfunded actuarial accrued pension liabilities. We understand that this request for opinion is prompted by the proposed issuance of general obligation bonds by the Town of Stratford for the foregoing purpose, and that the Town's bond counsel, Squire Sanders & Dempsey, has opined that the issuance is authorized under state law.
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This is in response to your request for an opinion on whether an employee of the Division of Special Revenue (DOSR) may own stock in International Game Technology, Inc. (IGT) in light of the conflict of interest rules contained in Conn. Gen. Stat. |12-561.