The Office of the Attorney General William Tong
Formal Opinions
Page 10 of 42
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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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You have asked this office to determine whether the Office of Policy and Management (OPM) must reimburse the Town of Brookfield for exemptions granted to Fairfield Resources, Inc. (FRI), given that the Department of Environmental Protection (DEP) has determined that FRI is operating illegally, and given that FRI operated in violation of a cease and desist order from October, 1993 until January, 1994.
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You have requested our opinion on whether the owner of an unimproved parcel of land abutting a state highway must obtain a certificate of operation from the State Traffic Commission ("STC") under Conn. Gen. Stat. § 14-311 in order to operate a so-called "flea market" on the land.
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This is in response to a request for advice from fromer President Pro Tempore John B. Larson in which he asked if owners of commercial or residential rental properties are required to permit telecommunications providers access to their buildings prior to adoption of implementing regulations by the Department of Public Utility Control.
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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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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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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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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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This is in response to your letter dated December 1, 1993, in which you request our opinion on whether the Department of Transportation's use of on-call consultants is contrary to the requirements of Sections 13b-20b through 13b-20l of the Connecticut General Statutes. http://www.cslib.org/attygenl/images/rainbow.gif
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In your letter of June 16, 1994, you ask whether an employee of the Connecticut Resources Recovery Authority (CRRA) may, upon election to the General Assembly, continue to hold his employment with CRRA, or be prohibited from holding the CRRA position due to the "dual job ban" set forth in either Conn. Const. Art. III,
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You have requested an opinion as to whether proposed legislation regulating hospitals' net revenues, imposing taxes related to the provision of hospital services, and appropriating funds for Medicaid disproportionate share payments to hospitals is likely to be preempted by the Employee Retirement Income Security Act of 1974 ("ERISA") because the amended statutes may "relate to" ERISA plans.
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We are writing in response to your request for a legal opinion regarding the "accessibility" of income and assets of the Hutterian Brethren in Connecticut, Inc., a Connecticut nonstock corporation, to its individual members. You report that many Hutterians (including families, the elderly, pregnant woman, and young children) are currently receiving medical assistance benefits under the state's Title XIX Medicaid Program from the Department of Social Services (DSS). Specifically you ask: 1. What amount of income of the Brethren is available to its individual members? 2. What amount of assets of the Brethren is available to its individual members? 3. What legal obligation does the Brethren have to financially support its members? 4. What legal obligation does the Brethren have to meet the medical needs of its individual members?
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In your letter of May 20, 1994, you inquired whether the State of Connecticut should continue to require car rental companies to be licensed as sellers of gasoline. You explained that some car rental agencies require their customers to return the vehicles with a particular amount of gasoline. If the vehicles are not returned with the requisite amount of gasoline, the agencies will provide gasoline from their own pumps and will charge the customers for the gasoline.
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The following is in response to your request of June 30, 1994, for an opinion concerning the applicability of the gun certification requirements of 1993 Conn. Pub. Acts No. 93-306, An Act Concerning Assault Weapons, to licensed firearms dealers and distributors. Specifically you ask: "Do licensed firearms dealers and distributors need to obtain a certificate of possession for all assault weapons in their possession that were 'in stock' as of October 1, 1993? Is a certificate needed with respect to assault weapons acquired after October 1, 1993?" The Act addresses "licensed gun dealers" and we assume, for the purposes of this opinion, that your questions concern these entities.
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This is in response to your request for an opinion regarding Public Act 94-241 ("the Act") authorizing the establishment of "enterprise corridor zones" by three or more contiguous municipalities with the approval of the Commissioner of Economic Development. Businesses located within approved enterprise corridor zones receive the same tax benefits as those located in enterprise zones.