The Office of Attorney General William Tong
1995 Formal Opinions
Page 2 of 3
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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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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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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.
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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.
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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.
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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 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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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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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.
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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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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 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.
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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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Hon. 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.
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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.