The Office of the Attorney General William Tong
1998 Formal Opinions
Page 2 of 2
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You have asked for general advice regarding correspondence the Department of Consumer Protection (the "Department") received from the Mohegan Tribe and Mashantucket Pequot Tribe concerning the proposed sale and distribution of alcoholic beverages at particular sites on the Tribes' federal reservations.
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You have requested our opinion on whether Conn. Gen. Stat. 7-374b(b) and 7-403a authorize municipalities to issue general obligation bonds to fund their unfunded actuarial accrued pension liabilities. We understand that this request for opinion is prompted by the proposed issuance of general obligation bonds by the Town of Stratford for the foregoing purpose, and that the Town's bond counsel, Squire Sanders & Dempsey, has opined that the issuance is authorized under state law.
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Your department requested our advice on whether individuals or firms providing personal services to the Department of Public Safety, to examine fire damaged electrical systems in order to determine whether such systems caused the fire, must be licensed as private detectives in accordance with Section 29-153 of the Connecticut General Statutes.
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Your office has asked this office for advice about the applicability and constitutionality of Public Act 97-58, 1, with regard to Allstate's "Do I Need An Attorney?" flyer.
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I have reviewed your December 23, 1997 request for our opinion on whether local registrars of voters are required by law to supply the Social Security numbers of voters to the State Jury Administrator to assist the Administrator in the preparation of the master jury list. According to your letter, the legislature mandated the disclosure of this information in Public Act 97-200 as a means to properly and more precisely compile lists of potential jurors.
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This is in response to your request for opinion pertaining to reimbursement of regulatory costs under the Mashantucket Pequot Gaming Procedures, 56 Fed. Reg. 24996 (May 31, 1991) (Procedures). You ask whether the Procedures, which allow you to assess the Mashantucket Pequot Tribe (Tribe) for "reasonable and necessary costs" of regulating and investigating operations at Foxwoods, include reimbursement of indirect as well as direct costs.
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This is in response to your letter dated June 2, 1998, in which you request our opinion regarding the scope of authority delegated to the State Traffic Commission ("Commission") to establish speed limits on multiple lane, limited access state highways. More specifically, you ask whether or not the Commission has the authority to establish a speed limit above fifty-five (55) miles per hour but less than the sixty-five (65) miles per hour maximum speed limit set forth in Conn. Public Acts No. 98-181, Sec. 1.
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You have asked for an opinion regarding the interpretation of certain provisions of the Memorandum of Understanding (MOU), originally executed April 25, 1994, between the State of Connecticut and the Mohegan Tribe ("Tribe") which permits the Tribe to operate video facsimile games as long as the Tribe contributes to the State a percentage of the revenue generated from those games in accordance with the terms of the MOU. In particular, a dispute has arisen between the Division of Special Revenue ("Division") and the Tribe concerning how to calculate certain payments.
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In a memorandum dated October 5, 1998, your agency asked for our opinion regarding two questions that have arisen since the issuance of our September 28, 1998 opinion regarding Public Act 98-111. The first question asks the following: 1) A review of the opinion would seem to indicate that an individual convicted of, for example, C.G.S. Sec. 53a-71(a)(1), and sentenced to a term of probation commencing September 28, 1998 would not have to be registered under either Public Act 97-183 or Public Act. 98-111. Your second question is as follows: 2) Section 3(b) of the Act provides that any individual who has been subject to the registration requirements of Public Act 97-183 must register under Public Act 98-111 in the manner required for sexually violent offenders.