The Office of the Attorney General William Tong
Formal Opinions
Page 28 of 42
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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?
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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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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?
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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.
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The 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.
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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.
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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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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.
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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 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.
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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.
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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 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.
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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.