Formal Opinions
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You have written to this office seeking an interpretation of Conn. Gen. Stat. §12-63c(a), a statutory provision concerning the procedure local tax assessors are to employ in the valuation of commercial and industrial property used "primarily for purposes of producing rental income." Specifically, you ask whether the term "primarily" as used in this provision means "that more than 50% of the area of the structure is used for the purpose of producing rental income, or does 'primarily' mean that more than 50% of the income from the property is a result of rental income?" You posed a second question that stated: "If the second interpretation is correct, would gross or net income be used to determine the primary purpose?"
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This letter responds to your request for a formal legal opinion concerning the authority to appoint a new chairperson for the Board of Firearms Permit Examiners (the "Board").
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You have asked what regulatory authority the Elections Enforcement Commission ("EEC") has with respect to alleged violations of Conn. Gen. Stat. §2-30a(b), which provides in relevant part: "No expenditure of state funds shall be made to influence electors to vote for or against any such proposed constitutional amendment."
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This letter responds to yours dated June 25, 2013, in which you request our opinion on whether the Department of Housing ("DOH") is public housing agency under the United States Housing Act of 1937 (the "Housing Act"), 42 U.S.C. § 1437 et seq.
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In your communication of December 27, 1999, you state that the Board of Trustees for the Community-Technical Colleges ("Board of Trustees") had voted earlier in 1999 to change its name and the names of each of its twelve colleges by reducing "regional community-technical college(s)" to "community college" in each title. You state that the Board of Trustees' action was based upon a "yearlong public relations study." On behalf of the Board of Governors for Higher Education ("Board of Governors") you asked whether the approval of the Board of Governors pursuant to Conn. Gen. Stat. §10a-6 and/or of the General Assembly is required to effect legally these name changes.
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You have asked for an opinion as to whether, under§ 1-301 of the General Statutes, the Governmental Accountability Commission (GAC) has "the authority to periodically evaluate the Executive Administrator" and "to periodically set goals and expectations for the Executive Administrator."
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I reviewed the questions that you have presented to me as follows: 1. Must an HMO medical plan, the terms and conditions of which contain a custodial care exception, offer a plan to the public, after receiving Department of Insurance approval, that: (a) meets the requirements of CGS 38a-553(c)(10), (b) complies with CGS 38a-478 et seq., as from time to time amended, and Article XXI of the Connecticut Constitution, and (c) does not use rehabilitation or improvement as criteria in determining whether care for disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions is to be considered custodial? 2. Must the external appeal panel, acting pursuant to CGS 38a-478n, when reviewing appeals certified by the Department of Insurance and which construe or involve the custodial care exception (CGS 38a-553(c)(10)) as applied to disabled persons or persons suffering from biologically-based mental illnesses or nervous conditions (CGS 38a-478 et seq., as from time to time amended): (a) apply said CGS 38a-478 et seq. and Article XXI of the State Constitution, and (b) not use rehabilitation or improvement as tests for custodial care?
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This office previously responded to an inquiry concerning the authority of a Special Deputy Sheriff to serve a capias. At that time we provided an informal advice to the effect that the "better practice" was for a regular Deputy Sheriff to serve the capias, but that a Special Deputy Sheriff could assist, and suggested that it would be advisable to obtain legislative clarification with respect to what authority a Special Deputy Sheriff had. During the period since that informal advice the issue of what authority a Special Deputy Sheriff had in connection with serving a capias has continued to arise. Accordingly, you have asked us to issue a formal opinion on this question. We have carefully considered the relevant legal authorities.
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Formal Opinion 2014-001, Attorney General, State of Connecticut
The State Victim Advocate seeks advice regarding the authority of the Department of Correction to grant supervised release, and the Board of Pardons & Paroles to grant parole release to inmates whose convictions include a mandatory minimum sentence of incarceration, prior to the completion of the minimum mandatory sentence in a penal institution.
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This letter responds to yours of December 29, 1999, in which you ask this office for a formal opinion regarding the applicability and effect of Sections 26 and 45 of Public Act 99-2, June Special Session on tobacco settlement monies. Specifically, you have asked for an opinion "concerning whether Section 45 alters, in any way, the express provisions of Section 26 and, if so, the nature and extent to which it does."
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Formal Opinion 2014-005, Attorney General, State of Connecticut
Under CGS 10-183b(26) and 10-183b(20), is a superintendent statutorily authorized to be "reemployed" in a "school district identified as a priority school district" while receiving retirement benefits from the Teachers' Retirement System.
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You have asked for advice regarding the legal consequences of the General Assembly's approval of a particular arbitration award. In your letter of May 10, 2000, you explained that the leadership of the General Assembly is considering calling a special session to approve a recent arbitration award between the State of Connecticut and the Administrative and Residual Union P-5 Bargaining Unit (hereinafter "A&R"), pursuant to Conn. Gen. Stat. § 5-278(b). Before the General Assembly will be able to convene to approve the award, however, you anticipate that the State will file in the superior court an application to modify or vacate it. You ask, therefore, what effect the General Assembly's approval of the award may have on the State's legal challenge to it.
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Formal Opinion 2014-008, Attorney General, State of Connecticut
The Department of Administrative Services may enter into contracts for all types of services pursuant to the power granted to it by Title 4a, Chap. 58 of the Connecticut General Statutes.
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This is in response to your letter dated March 7, 1996, wherein you requested a legal opinion from this office concerning the computation of cost of living adjustments (COLAs) for injured workers pursuant to the provisions of the Connecticut Workers' Compensation Act as it may be affected by recent decisions of the Workers' Compensation Review Board (CRB).
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Formal Opinion 2014-003, Attorney General, State of Connecticut
Guarantees and surety bonds executed as described in R.C.S.A. §§ 22a-449(d)-109(g) and 22a-449(d)-109(i), respectively, are valid and enforceable in Connecticut if the guarantee or surety contract satisfies the requirements of the Connecticut UST Regulations, it meets all the elements of a valid contract and the contract is either made in this State by an authorized insurer or if made by an entity other than an authorized insurer, is merely incidental to legitimate business or activity of the guarantor or surety.