The Office of the Attorney General William Tong
Formal Opinions
Page 41 of 42
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You have inquired whether the State has authority to establish standards for air emissions which are stricter than those established under the federal Clean Air Act, 42 U.S.C. § 7401 et. seq. You have also inquired whether the cost of establishing more stringent standards must be borne by the State.
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In your letter dated August 31, 2000, you asked whether the state can recover interest from the United States Postal Service as a result of the late delivery of certified mail containing tax returns and $140 million in tax payments. In analyzing this issue, it must be noted that any action against the United States Postal Service is, in fact, an action against the United States.
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You recently requested an opinion from this office regarding the following questions: 1. Is the filing of a notice and fee by a federally-registered investment adviser under Section 36b-6(d) or 36b-6(e) of the Connecticut General Statutes, for which a letter of acknowledgment is issued by the Department, considered to be a "license or permit to operate a business in this state" within the meaning of Section 31-286a(b) of the Workers' Compensation Act? 2. Is the filing of an annual notice renewal fee by such an investment adviser under Section 36b-6(e) of the Connecticut General Statutes considered the renewal of a license or permit within the meaning of Section 31-286a(b) of the Act? 3. If the response to either of the foregoing questions is yes, is Section 31-286a(b) of the Act preempted because it exceeds what is reserved to the states under Section 307(a) of NSMIA, viz., the filing by federally-registered investment advisers of any documents filed with the SEC? 4. If it is determined that Section 31-286a(b) of the Act is preempted, will the Department be liable for failure to comply with Section 31-286a(b) if it fails to obtain from federally-registered investment advisers sufficient evidence of current compliance with the workers' compensation insurance coverage requirements of Section 31-284?
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You have asked for an interpretation of Conn. Gen. Stat. § 26-3 as regards DEP's authority to take any animal by whatever means reasonably necessary to carry out its functions, even if the means DEP intends to use is contrary to another statutory provision.
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In your communication of December 27, 1999, you state that the Board of Trustees for the Community-Technical Colleges ("Board of Trustees") had voted earlier in 1999 to change its name and the names of each of its twelve colleges by reducing "regional community-technical college(s)" to "community college" in each title. You state that the Board of Trustees' action was based upon a "yearlong public relations study." On behalf of the Board of Governors for Higher Education ("Board of Governors") you asked whether the approval of the Board of Governors pursuant to Conn. Gen. Stat. §10a-6 and/or of the General Assembly is required to effect legally these name changes.
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You have asked our opinion on whether a firefighter injured in the line of duty on April 5, 1997 is eligible for benefits from the Connecticut State Firefighters Association under the provisions of Conn. Gen. Stat. § 3-123, as amended by Public Act 98-263.
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This office previously responded to an inquiry concerning the authority of a Special Deputy Sheriff to serve a capias. At that time we provided an informal advice to the effect that the "better practice" was for a regular Deputy Sheriff to serve the capias, but that a Special Deputy Sheriff could assist, and suggested that it would be advisable to obtain legislative clarification with respect to what authority a Special Deputy Sheriff had. During the period since that informal advice the issue of what authority a Special Deputy Sheriff had in connection with serving a capias has continued to arise. Accordingly, you have asked us to issue a formal opinion on this question. We have carefully considered the relevant legal authorities.
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You have asked for my opinion with regard to a question raised by the state auditors on the propriety of an expenditure made by the Criminal Justice Commission. It is my understanding that your request was prompted by a recommendation made by the auditors, who concluded that it appeared that the Division's June 1996 reimbursement of legal fees to a State's Attorney in connection with his reappointment to that position in 1988 may have circumvented the intentions of the General Assembly with respect to the total monies approved for payment to the State's Attorney by the Claims Commissioner.
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This is in response to your December 2, 1997 request for an opinion regarding the status of state employee home addresses under the state Freedom of Information Act ("FOI Act" or "Act"), Conn. Gen. Stat.
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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.