The Office of the Attorney General William Tong
Formal Opinions
Page 40 of 42
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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 requested our opinion regarding the scope of the Connecticut Siting Council's (the "Council") jurisdiction over the placement of an FM radio station antenna on an existing community antenna television tower.
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Hon. John P. Burke, Department of Banking, 1995-024 Formal Opinion, Attorney General of Connecticut
You have asked this office for an opinion regarding your authority to approve and to regulate a branch (the "Branch") of a Connecticut bank (the "Bank") to be established in Foxwoods Casino (the "Casino") on the Mashantucket Pequot Reservation (the "Reservation") in Ledyard, Connecticut.
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Honorable John G. Rowland, State Capitol, 1995-028 Formal Opinion, Attorney General of Connecticut
This advisory opinion responds to your letter of September 25, 1995. That letter asks whether you may "nominate a sitting associate justice of the [Supreme] Court to succeed Chief Justice Peters if the associate justice in question's name is not on the list of eligible candidates for the position provided ... by the Judicial Selection Commission?"
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In a letter dated August 16, 1994, Representative Krawiecki, then House Minority Leader, requested that this office answer two questions regarding an alleged boundary dispute in the Borough of Newtown. We now reply to your attention. 1. His first question asked: What is the appropriate method for taxpayers who assert that the boundaries of a political subdivision of the state are unknown or inadequately marked to compel that entity to conduct a survey of its boundary? 2. His second question asked: Does an individual member of the General Assembly have the power to compel a political subdivision such as a borough to survey its boundary?
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You have written to this office seeking an opinion on the eligibility of a trustee to vote at a school district meeting. In your letter you relate that the provisions of Conn. Gen. Stat. § 7-6 apply to this voters' meeting, which is a type of referendum as defined in Conn. Gen. Stat. § 9-1(n)(2). Section 7-6 permits "any citizen" to vote who is 18 or older and who is "liable" to the town or district on property assessed at one thousand dollars or more.
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You have requested an opinion regarding the applicability of the Freedom of Information Act ["FOIA"], Conn. Gen. Stat. §1-7 et seq., to the Connecticut Student Loan Foundation ["CSLF"]. Specifically, the issue you raised is whether the CSLF is a public agency subject to the public records and meeting requirements of the FOIA.
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John P. Burke, Department of Banking, 1995-017 Formal Opinion, Attorney General of Connecticut
Your department has sought our opinion on two questions relating to the interplay, if any, between Conn. Gen. Stat. §§ 36a-380 and 42-202. The first question asks us: (1) Is a broker-dealer which is a member of the National Association of Securities Dealers, Inc. or registered under CUSA [Connecticut Uniform Securities Act] a "registered broker-dealer", "authorized by law to act as an escrow agent", within the meaning of Section 42-202 of the Connecticut General Statutes? The second question was posed as follows: (2) Does Section 36-314 apply to a corporation that is appointed to act as escrow agent with regard to the money or securities received from the sale of funeral services contracts? If the answer to this question is in the affirmative: (a) Must such corporation obtain a special act of the Connecticut General Assembly in order to act as an escrow agent under Section 42-202, or is such corporation, by virtue of Section 42-202 or otherwise, "specifically empowered so to act by a general statute of this state" within the meaning of Section 36-314; and (b) Does such corporation come within the jurisdiction of both the Department of Banking and the Department of Public Health and Addiction Services?
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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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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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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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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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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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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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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.