The Office of the Attorney General William Tong
Formal Opinions
Page 18 of 42
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By letter dated April 27, 1994, you have asked for the opinion of this Office as to whether the Governor had the authority to bind the State to the Gaming Compact between the State of Connecticut and the Mohegan Tribe of Indians pursuant to the provisions of the Indian Gaming Regulatory Act (IGRA) Pub.L. 100-497, 25 U.S.C. 2701 or whether the Gaming Compact must also be submitted to the General Assembly for its approval.
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Prior to the merger of the Department of Health Services and the former Connecticut Alcohol and Drug Abuse Commission (CADAC), the Executive Director of CADAC, Dr. John Higgins-Biddle, requested a formal opinion from this Office regarding the impact of the federal regulations concerning confidentiality of alcohol and drug abuse patient records, 42 C.F.R. Part 2, or any other pertinent state or federal law or regulation related to patient confidentiality, on a new data system that CADAC was having designed by Andersen Consulting, Inc. After the merger of CADAC into the Department of Public Health and Addiction Services (DPHAS),1 you informed us that your Department is continuing with the development of the proposed data system, that the merger has not affected either the scope or nature of Dr. Higgins-Biddle's previous opinion request, and that you still need advice regarding the questions that he originally posed
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Honorable Evonne M. Klein has separately requested a formal opinion as to the applicability of the state prevailing wage statute, Conn. Gen. Stat. § 31-53, to construction and renovation projects of local housing authorities.
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This letter responds to your request for a formal legal opinion concerning the scope of the "rental charges" that a municipal fair rent commission is authorized to review. Specifically, you have asked whether a fair rent commission's authority under Conn. CJen. Stat. § 7 -148b
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The Honorable Speaker Sharkey asked for a formal opinion reexamining an opinion issued by Attorney General Richard Blumenthal on September 21, 1993, regarding the training requirements for various law enforcement officers (1993 Opinion).
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You have requested a formal opinion by this office regarding issues presented in Public Act 98-111, Connecticut's most recent "Megan's Law." Public Act 98-111, which becomes effective October 1, 1998, establishes a sexual offender registration system for Connecticut that significantly expands the circumstances under which a convicted sexual offender is required to register with and provide current information to the Department of Public Safety and Connecticut State Police. Failure to register as required is a Class D felony under the act.
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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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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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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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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.
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2017-03 Formal Opinion, Attorney General, State of Connecticut
Honorable Senator Bob Duff has asked whether certain potential changes to Connecticut's Education Cost Sharing ("ECS") formula would violate our state constitution. Specifically, you ask whether our constitution requires that the ECS formula measure a town's ability to raise property tax revenue "using a ratio of ninety percent property wealth and ten percent income wealth."
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2017-04 Formal Opinion, Attorney General, State of Connecticut
Commissioner Robert Klee asked my office for an opinion identifying the owner of a structure commonly known as the Stonington Harbor Breakwater, which is located in the Stonington Harbor adjacent to Stonington, CT (the "Breakwater").
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You have asked this Office for an opinion regarding the right of the Mashantucket Pequot Tribe ("Tribe") to establish its own workers' compensation code and Commission. You state that the Tribe has enacted the Mashantucket Pequot Tribal Workers' Compensation Code ("Tribal Code"), effective July 1, 1997, which provides that any accident or personal injury arising out of and in the course of employment with the Tribe, which has a date of injury after the effective date, will be governed solely by the Tribal Code.
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This letter is written in response to your request, on behalf of the Connecticut Agricultural Experiment Station1 ("the Station"), for an opinion concerning several legal questions arising out of a recent report by the Auditors of Public Accounts. The report questioned the propriety of how the Board of the Station ("the Board") had managed four private charitable trusts.
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You requested an opinion of this office as to whether the State Teachers' Retirement Board [hereinafter Board] can pay increased benefits, resulting from an election of recalculated benefits under Conn. Gen. Stat.