Formal Opinions
Page 18 of 42
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In your letter of January 23, 2003, you have asked this Office for advice regarding the legal authority of the Board of Education for Regional School District No. 8 to create and fund from year to year what is referred to as an accrued liability reserve fund for the stated purpose of paying certain teacher retirement benefits under the terms of the district's collective bargaining agreement with its teachers. You note that the municipalities participating in the district currently pay annual assessments, which are deposited in the reserve fund each year.
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You have requested our advice on whether you have the authority to place offenders serving sentences of two years or less into halfway houses pursuant to Conn. Gen. Stat. § 18-100c prior to completion of one-half of their sentences. You also seek our advice on whether you are prevented, by statute, from transferring offenders serving sentences greater than two years to a halfway house prior to completion of one-half of the sentence imposed.
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This will acknowledge and reply to your request on behalf of the State Apprenticeship Council (SAC) for a formal opinion concerning the propriety of the issuance of apprenticeship registrations by an agency other than the Department of Labor (DOL), in particular the State Apprenticeship Council (SAC) or the Department of Consumer Protection (DCP).
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You have asked for an opinion whether non-profit employers’ mutual insurance associations under Conn. Gen. Stat. §§ 31-328 to 31-339 (“Mutual Association Statutes”) are “insurance companies” within the meaning of Conn. Gen. Stat. §12-201(4) and are therefore subject to the Connecticut insurance premium tax, Conn. Gen. Stat. §§12-201 to 12-212a (“Connecticut Premium Tax”).
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You have requested an opinion as to whether the provisions of Public Act No. 05-107, An Act Protecting Consumers in the Making of Income Tax Refund Anticipation Loans (Act), and in particular the provision limiting the interest rate on income tax refund anticipation loans, are enforceable (a) against national banks doing business in Connecticut or (b) against "facilitators" of such loans by national banks.
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You have requested a formal opinion whether the Department of Revenue Services (DRS) is required to release certain tax documents and information to the Legislative Program Review and Investigations Committee (Committee) in connection with the Committee’s study of Connecticut’s tax system. In addition, you ask, if we conclude that DRS is required to provide the Committee such documents and information, may the Committee permit access to an outside consultant with which the Committee may contract to conduct a compilation and analysis of the tax data.
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This is in response to your request for an opinion on whether it would be lawful, under Conn. Gen. Stat. § 30-77(b), for students at Connecticut College to form a brewing club for the purpose of making beer on the college campus in New London, Connecticut, without a liquor permit required by the Liquor Control Act. Consumption would be restricted to persons over the age of twenty-one.
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This letter is in response to your request for a formal legal opinion concerning the authority of the Judicial Review Council (the "Council") to initiate investigations into judicial conduct. Specifically, you question whether the Council "may proceed to independently initiate an investigation based on information discovered by the Council." Such information might "include an anonymous complaint or other information which becomes known to the Council, other than through a notarized complaint." If the Council may initiate an investigation based on such information, you question what the applicable procedures are.
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In your letter of November 1, 2004, you have asked our opinion whether Teikyo Post University should continue to be considered eligible to participate in the Connecticut Independent College Student Grant Program given that on or about October 22, 2004 the University was sold to a group of private investors who will, contrary to prior practice, operate the University as a "for profit" entity.
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Commissioner Shaun B. Cashman, 2005-027, Formal Opinion, Attorney General of Connecticut
Your department has asked for advice on the payment of wages to service workers employed by contractors of the state or vendors supplying services to state contractors. You ask if the standard wage rate provisions of Conn. Gen. Stat. §31-57f apply to contracts between the state and management companies and between management companies and their vendors under various scenarios.
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This letter is in response to your request for a formal legal opinion as to whether Executive Order No. 7 (the "Order") establishing a State Contracting Standards Board (the "Board") is unconstitutional, in whole or in part, as a violation of the separation of powers clause of article second of the state Constitution.
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n 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?
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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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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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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).