Attorney General: Opinions
Opinions

1995 Formal Opinions
11/22/1995Mr. Reginald Jones, Office of Policy and Management, 1995-034 Formal Opinion, Attorney General of Connecticut
  Your office presented us with the following two questions relating to Section 51 of 1994 Conn. Pub. Act No. 94-4 of the May Special Session now codified as Conn. Gen. Stat. 12-62h: 1) Is a municipality required to revalue all real property for property tax purposes by taking all the normal and necessary actions involved in the revaluation of real property, before its legislative body may vote to stay the implementation of said revaluation? 2) Does this legislation allow a municipality to defer beginning the process of revaluation until after the conclusion of the 1995 session of the General Assembly?
 
11/22/1995Honorable Robert M. Ward, Legislative Office Building, Rm. 4200, 1995-033 Formal Opinion, Attorney General of Connecticut
  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.
 
11/2/1995The Honorable Jesse Frankl, Workers' Compensation Commission, 1995-032 Formal Opinion, Attorney General of Connecticut
  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.
 
11/1/1995Honorable Joyce Thomas, Department of Social Services, 1995-031 Formal Opinion, Attorney General of Connecticut
  On September 25, 1995, the Attorney General issued a formal opinion concerning the regulation of invalid coach and wheelchair livery services within the State of Connecticut. The Office of Emergency Medical Services ("OEMS") regulates invalid coach service as an ambulance service pursuant to Conn. Gen. Stat. 19a-180. The Department of Transportation ("DOT") regulates the transportation of livery service for the elderly and the handicapped pursuant to Conn. Gen. Stat. 13b-105. Subsequent to the issuance of the opinion, a question has arisen regarding the distinction between invalid coach and wheelchair livery service, and therefore, whether the regulation of a particular transportation service falls under the jurisdiction of OEMS or DOT.
 
10/31/1995Reginald L. Jones, Jr., Office of Policy and Management, 1995-030 Formal Opinion, Attorney General of Connecticut
  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.
 
10/30/1995Hon. Mortimer A. Gelston, Connecticut Siting Council, 1995-029 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion regarding the jurisdiction of the Connecticut Siting Council (the "Council") in connection with the proposal of the National Railroad Passenger Corporation ("Amtrak") to complete the electrification of the Northeast Corridor rail line from New Haven, Connecticut to Boston, Massachusetts (the "Project"). Specifically, you have asked whether the Federal Railroad Administration (the "FRA") has preempted the Council by its oversight and involvement in the Project, including in particular its preparation and issuance of an environmental impact statement.
 
10/20/1995Honorable 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?"
 
9/29/1995The Honorable John G. Rowland, Governor, State of Connecticut, 1995-027 Formal Opinion, Attorney General of Connecticut
  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.
 
9/25/1995Honorable Joyce A. Thomas, Department of Social Services, 1995-026 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for a formal opinion regarding the current reimbursement system for wheelchair accessible livery under the Department of Social Services (DSS) regulations enacted in 1989.
 
9/21/1995Honorable Kenneth Kirschner, Commissioner of Public Safety, 1995-025 Formal Opinion, Attorney General of Connecticut
  Recently, it has come to the attention of this office that certain retail firearms dealers have advertised that customers may purchase handguns until October 1, 1995 without a permit to carry such weapons, and without an eligibility certificate. This "policy" is apparently prompted by their interpretation of the interplay between Connecticut General Statutes 29-33 and 29-36j. The purpose of this letter is to (1) clarify the relationship between these two statutes, and (2) afford the Department of Public Safety appropriate guidance concerning the proper implementation of the statutes' provisions.
 
8/24/1995Hon. 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.
 
8/11/1995Richard J. Howard, P.E., State Traffic Commission, 1995-023 Formal Opinion, Attorney General of Connecticut
  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.
 
7/20/1995Honorable Louis S. Goldberg, Department of Administrative Services, 1995-022 Formal Opinion, Attorney General of Connecticut
  You have asked for our opinion on whether the provisions of Special Act 95-12 preclude you from entering into a contract with Corporate Express, a private corporation, for a statewide direct delivery service for office supplies.
 
6/19/1995Mr. George Precourt, Board of Education and Services for the Blind, 1995-021 Formal Opinion, Attorney General of Connecticut
  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.
 
6/14/1995Morton L. Weinstein, Connecticut Board of Examiners of Embalmers and Funeral Directors, 1995-020 Formal Opinion, Attorney General of Connecticut
  This is a response to your request for formal advice regarding whether it is lawful, under Conn. Gen. Stat. 42-202, for licensed funeral establishments to invest escrow monies received pursuant to funeral service contracts in life insurance policies.
 
6/14/1995The 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.
 
6/7/1995Mr. William W. Sullivan, Department of Liquor Control, 1995-018 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on whether the Department of Liquor Control is authorized to issue a package store permit in the Town of Bozrah under the package store ratio law, Conn. Gen. Stat. 30-14a.
 
5/30/1995John 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?
 
4/28/1995Honorable Ronald F. Petronella, Department of Labor, 1995-016 Formal Opinion, Attorney General of Connecticut
  By letter dated March 3, 1995 you requested an opinion from this office which raises the following question: Has the department of labor's practice of annually transferring those funds in excess of $500,000 from the Employment Security Special Administration Fund to the regular Employment Security Administration Fund, for the purpose of offsetting projected deficits of federal administrative funds in future fiscal years, complied with Conn. Gen. Stat. Section 31-259 and any other applicable laws?
 
4/12/1995Hon. John J. Armstrong, Department of Correction, 1995-015 Formal Opinion, Attorney General of Connecticut
  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?
 
4/7/1995Honorable John G. Rowland, Hartford, Connecticut 06106, 1995-014 Formal Opinion, Attorney General of Connecticut
  On February 17, 1995, you requested an opinion of this office on whether or not seven individuals appointed by former Governor Weicker are qualified to serve as members of the Employees' Review Board, and the terms they can serve if they are qualified.
 
4/4/1995T. William Knapp, Municipal Police Training Council, 1995-013 Formal Opinion, Attorney General of Connecticut
  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.
 
4/3/1995Harry J. Hartley, University of Connecticut, 1995-012 Formal Opinion, Attorney General of Connecticut
  In your letter of November 7, 1995, you asked several questions concerning the relationship between the University of Connecticut and the University of Connecticut Foundation. You have asked three specific questions. First: May University employees work under the direction of the Foundation, with the Foundation reimbursing the University for the salary and fringe benefits of these employees? Second: May the Foundation utilize money received from the University for fund-raising services to repay its obligations (including salaries) to the University? Third: May the University provide services, such as computer support services, to the Foundation at no cost?
 
3/22/1995Hon. 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.
 
3/6/1995Mr. Peter Bulkeley, Chairman, State Insurance Purchasing Board, 1995-010 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion as to whether the State Insurance Purchasing Board (the "Board") has authority under Conn. Gen. Stat. 4a-20 to make payment on a premium for a surety bond purchased directly by the Treasurer.
 
3/3/1995Senator M. Adela Eads, Legislative Office Building, 1995-009 Formal Opinion, Attorney General of Connecticut
  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.
 
2/15/1995Hon. John G. Rowland, Executive Chambers, 1995-008 Formal Opinion, Attorney General of Connecticut
  We have received your letters of February 8, 1995, soliciting our opinion on issues concerning temporary gubernatorial appointments arising from the application of Conn. Gen. Stat. 4-7(b)(2). Specifically, you both ask whether a "designate" under 4-7(b)(2) must be sworn in pursuant to Conn. Gen. Stat. 4-1 before exercising the powers and duties of the office.
 
2/9/1995Honorable Robert M. Ward, Legislative Office Building, Rm 4200, 1995-007 Formal Opinion, Attorney General of Connecticut
  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?
 
2/2/1995Mr. Johnston and Mr. Jaekle, Auditors of Public Accounts, 1995-006 Formal Opinion, Attorney General of Connecticut
  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.
 
2/2/1995Reginald Jones, Office of Policy and Management, 1995-005 Formal Opinion, Attorney General of Connecticut
  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.
 
1/30/1995Gloria Schaffer, Department of Consumer Protection, 1995-004 Formal Opinion, Attorney General of Connecticut
  We are responding to your request for advice as to how a December 8, 1994 informal opinion to former Commissioner Nicholas Cioffi regarding the Department of Public Safety Division of Fire, Emergency, and Building Services' civil regulatory jurisdiction over certain activities on the Mashantucket Pequot Reservation ("Reservation") would "impact the services" your agency provides with respect to boxing on the Reservation.
 
1/18/1995Mr. George A. Precourt, Board of Education and Services for the Blind, 1995-003 Formal Opinion, Attorney General of Connecticut
  You have asked for an opinion regarding the Board of Education and Services for the Blind's ("BESB") reimbursement to towns, pursuant to Conn. Gen. Stat. 10-295, for certain special education instructional and service costs for special education students who are blind or visually impaired. In particular, you have indicated that while the statute places yearly monetary limits on the amount BESB may reimburse towns per student for such costs, due to billing and paperwork delays, reimbursements owed to towns have gone into arrears in recent years. Further, you have indicated that in dealing with this statutory reimbursement scheme, BESB has switched from a cash to an accrual basis of accounting, and you now wish to know whether, consistent with the statutory amount limitations, actual reimbursement payments to towns in a given year may exceed the statutory limits, provided the costs being reimbursed accrued within the yearly statutory limits per child.
 
1/17/1995Hon. Mortimer A. Gelston, Connecticut Siting Council, 1995-002 Formal Opinion, Attorney General of Connecticut
  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.
 
1/17/1995Hon. Mortimer A. Gelston, Connecticut Siting Council, 1995-001 Formal Opinion, Attorney General of Connecticut
  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).