Attorney General: Opinions
Opinions

1990 Formal Opinions
12/20/1990Mr. Anthony V. Milano, Secretary, Office of Policy, 1990-044 Formal Opinion, Attorney General of Connecticut
  In your letter of October 12, 1990, you posed several questions regarding the property tax relief program in Conn. Gen. Stat. e 12-62d. From discussions with your staff, we have been informed that the only question which we need answer concerns the proper interpretation of l989 Conn. Pub. Acts 89-251, e 192(h)(2), codified as Conn. Gen. Stat. e 12-62d(h)(2).
 
12/17/1990Chairman John F. Healy, Connecticut Department of Liquor Control, 1990-043 Formal Opinion, Attorney General of Connecticut
  This is in response to your recent request for an opinion on the self-defense rights of liquor control agents. Specifically, you ask whether self-defense rights are greater if exercised in the "workplace", and you ask us for a definition of the workplace for agents.
 
12/13/1990Honorable J. Edward Caldwell, State Comptroller, 1990-042 Formal Opinion, Attorney General of Connecticut
  In your letter of July 11, 1990 to Dale M. Dreyfus, Associate Vice President for Finance and Business Affairs at the University Connecticut, you asked for an interpretation from this office of the authority granted to the University of Connecticut by 1990 Conn. Pub. Acts No. 90-201, e 6. You also inquired about its effect on the current state travel contract (Travel Services Agreement).
 
12/13/1990Norma Foreman Glasgow, Commissioner, Department of Education, 1990-041 Formal Opinion, Attorney General of Connecticut
  You have requested an opinion on the following questions: l. Does legislation which changes the terms and conditions of loan forgiveness programs apply to borrowers who signed promissory notes prior to the enactment of such legislation? 2. If the answer to the first question is in the affirmative, under what circumstances may the terms of the promissory notes be changed; and 3. Which of the changes made in the l986 legislation would apply to pre-l986 borrowers; and 4. For those provisions which do apply, what is the effective date for applying the changed provisions.
 
12/11/1990Honorable Betty L. Tianti, Department of Labor, 1990-040 Formal Opinion, Attorney General of Connecticut
  In your letter dated June 1, 1990, you requested the opinion of this office as to whether any person designated by you as a serving officer to collect money owed the Unemployment Compensation Fund would be entitled to a statutory right of indemnification. Specifically you inquire as to whether there is a right to indemnification from financial loss and expense from the state for any negligence or civil rights violations arising from such a person's actions while functioning as a serving officer.
 
12/2/1990Honorable Robert G. Jaekle, House Minority Leader , 1990-039 Formal Opinion, Attorney General of Connecticut
  This will acknowledge receipt of your letter of July 5, l990 wherein you request our opinion regarding 1990 Conn. Pub. Acts, 90-306. The first section of this Act concerns disclosures by real estate brokers and salesmen to prospective purchasers and sellers, while the balance thereof concerns the management of common interest property.
 
12/2/1990Mr. T. William Knapp, Municipal Police Training Council, 1990-038 Formal Opinion, Attorney General of Connecticut
  In your letter of June 19, 1990, you refer us to 1990 Conn Pub. Acts, 90-120 e2 and seek our interpretation of the meaning of the phrase "police officers who have managerial duties."
 
11/25/1990John R. Shears, Teachers' Retirement Board, 1990-037 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for advice dated September 13, 1990, in which you request the opinion of this office as to the meaning of the phrase "last employing board of education" as it is used in Conn. Gen. Stat. e 10-183t as amended by 1989 Conn. Pub. Acts No. 89-342 (hereinafter P.A. 89-342). In addition, you request our opinion on whether the Teachers' Retirement Board may make subsidy payments for health insurance pursuant to Sec. 4(c) of P.A. 89-342 to a board of education other than the "last employing board of education."
 
11/6/1990Honorable Lorraine M. Aronson, Department of Income Maintenance 1990-036 Formal Opinion, Attorney General of Connecticut
  You have requested the opinion of the Attorney General as to whether the Department of Income Maintenance is authorized to enter into contractual arrangements with insurance companies in connection with a demonstration program to be jointly administered by the Department of Income Maintenance and the Insurance Department. Specifically, under the proposed contract, Income Maintenance would advise insurance companies whether payments to insured persons under insurance policies qualify for "asset exclusions" under the program. Income Maintenance would receive a contractual payment from the insurance companies for providing the contracted service.
 
11/5/1990Honorable Bernard R. Sullivan, Department of Public Safety, 1990-035 Formal Opinion, Attorney General of Connecticut
  In a letter dated May 29, 1990, you request our advice on the effect of 1989 Conn. Pub. Acts No. 89-255 e4(c) on the plan review application and permit procedures and issuance of certificates of occupancy sections of the Connecticut State Building Code. Your questions appear to be directed primarily at the scope of the independent engineering consultant review required by 1989 Conn. Pub. Acts No. 89-255.
 
10/17/1990Mr. James F. Blesso, Bureau of Statewide Emergency 1990-034 Formal Opinion, Attorney General of Connecticut
  In your letter dated January 24, 1990, you request our advice on the Bureau's implementation of 1989 Conn. Pub. Acts No. 89-259. Public Acts No. 89-259 contains provisions for certification of telecommunicators as well as provisions for automatic certification of telecommunicators who meet special requirements.
 
10/17/1990Honorable John F. Healy, Chairman, Department of Liquor Control , 1990-033 Formal Opinion, Attorney General of Connecticut
  This is in response to your recent request for an opinion of the Attorney General concerning fee charges for the registration of brands of alcoholic liquors under the Liquor Control Act, Conn. Gen. Stat. e 30-63(a).
 
10/1/1990Mr. Henry A. Bissonnette, Jr., Chairman, Board of Parole, 1990-032 Formal Opinion, Attorney General of Connecticut
  In your letter of August 9, 1990, you call our attention to the provisions of P.A. 90-261, Sec. 5 and ask our advice with regard to the following two questions: 1. Does Section 5 of the Act apply retroactively, i.e., are all persons incarcerated "as of" October 1, 1990 who meet all other specified criteria, eligible to be considered for parole under the Act. 2. Does the Act permit the Board to consider for parole persons who are already serving their sentences in either Community Release or Community Residence (SHR) programs.
 
9/7/1990Honorable Howard B. Brown, Jr. , Banking Commissioner 1990-031 Formal Opinion, Attorney General of Connecticut
  You have requested our advice concerning the types of accounts that are available for deposit of funds pursuant to section 51-81c of the Connecticut General Statutes, as amended by Public Act 89-196. Section 51-81c established the Interest on Lawyers Trust Accounts program ("IOLTA").
 
9/6/1990Department of Income Maintenance , 1990-030 Formal Opinion, Attorney General of Connecticut
  You recently requested the opinion of the Attorney General on several questions relating to the impact of the federal Medicare Catastrophic Coverage Act of 1988 (MCCA), Pub.L. 100-360, on your department's determinations of eligibility for assistance under the Title XIX medical assistance program ("Medicaid").
 
8/30/1990Honorable Lorraine M. Aronson, Commissioner, Department of Income Maintenance, 1990-029 Formal Opinion, Attorney General of Connecticut
  We are responding to your request for the opinion of this office as to whether your department is legally authorized to renew an existing special two year general assistance contract with one municipality in light of the facts that the authorization of the original enabling legislation has expired and the most recent session of the General Assembly failed to enact Proposed Bill No. 5301 which would have extended such enabling legislation.
 
8/24/1990Honorable John F. Healy, Chairman, Department of Liquor Control , 1990-028 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion on the question of whether a police commissioner1 can be licensed to hold a liquor permit as a permittee or backer under Conn. Gen. Stat. e 30-45.
 
8/13/1990Honorable Elliot A. Ginsberg , Commissioner, Department of Human Resources, 1990-027 Formal Opinion, Attorney General of Connecticut
  By memoranda dated October 20, 1989, you asked for a formal opinion on whether there are any statutes which prohibit towns from imposing "special exception" zoning permit requirements on family day care homes that are registered by the Department of Human Resources.
 
7/24/1990Honorable Bernard R. Sullivan, Commissioner, Department of Public Safety , 1990-026 Formal Opinion, Attorney General of Connecticut
  In a letter to our office from your predecessor, our advice is requested on the authority of the codes and standards committee to review the actions of the state building inspector taken pursuant to General Statutes e 29-200.
 
6/28/1990James B. Holmes, Chairman, State Insurance Purchasing Board, 1990-025 Formal Opinion, Attorney General of Connecticut
  This letter is in response to your request for advice concerning the State Insurance Purchasing Board's authority to obtain surety bonds for members of the board of directors of the Connecticut Convention Center Authority.
 
6/28/1990John C. Ford, Administrator, Commission on Victim Services, 1990-024 Formal Opinion, Attorney General of Connecticut
  You have asked for our opinion whether the provisions of 1987 Conn. Pub. Acts No. 87-554, Sec. 10.(c), now Conn. Gen. Stat. e 54-211(c), should be applied retroactively to a claim which arose prior to the effective date of the act.
 
6/27/1990Anthony V. Milano, Secretary, Office of Policy & Management, 1990-023 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for opinion dated January 10, 1990, regarding whether vacant parcels qualify for inclusion under the Private College and General Hospital Grant Program, Conn. Gen. Stat. e 12-20a, which provides municipalities with a grant in lieu of property taxes for certain educational and medical facilities located in such municipalities which provide regional and statewide benefits.
 
6/25/1990Honorable Howard B. Brown, Department of Banking, 1990-022 Formal Opinion, Attorney General of Connecticut
  You have requested our advice concerning the meaning of a provision within Conn. Gen. Stat. e 7-402, which relates to the deposit of public money and trust funds by municipalities and school districts.
 
6/8/1990Honorable J. Edward Caldwell, State Comptroller, 1990-021 Formal Opinion, Attorney General of Connecticut
  You have asked for our opinion "as to the application of group life insurance to State employees retired under the disability provisions of the State Employees Retirement Act and an employee receiving a disability benefit."
 
6/7/1990Senator Reginald J. Smith, Senate Republican Leader, 1990-020 Formal Opinion, Attorney General of Connecticut
  In your letter of December 20, l989 you requested our opinion on the validity of actions taken at a meeting of the Permanent Commission on the Status of Women [hereinafter Commission] which was held in a location other than that specified in the notice of regular meeting distributed by the Commission Chairperson.
 
6/7/1990Major John Watson, Executive Officer, Connecticut State Police, 1990-019 Formal Opinion, Attorney General of Connecticut
  In a letter to us, Lieutenant Colonel John A. Mulligan requested our advice regarding the propriety of state police and local constables entering upon private property for the purpose of enforcing an ordinance of the town of Woodbury regarding the removal of junked cars from private property.
 
6/5/1990Senator Reginald J. Smith, State Capitol, 1990-018 Formal Opinion, Attorney General of Connecticut
  You have requested our opinion as to whether the procedure followed for the election of faculty and student representatives to the foundation board at Western Connecticut State University (WCSU) was consistent with state statutes.
 
5/30/1990Honorable J. Edward Caldwell, Office of the Comptroller, 1990-017 Formal Opinion, Attorney General of Connecticut
  This office has been asked to respond to two questions concerning life insurance coverage for retirees. Specifically, you have asked (1) whether the letter sent by the Comptroller's Office to retirees provides adequate notice to such retirees of the reduction in life insurance coverage that occurs upon retirement and (2) what benefit amount would a retiree receive who dies prior to receipt of the aforementioned letter from the Comptroller's Office.
 
5/9/1990Leo V. Donohue and Henry J. Becker, Jr., Auditors of Public Accounts, 1990-016 Formal Opinion, Attorney General of Connecticut
  This is in reply to your letter asking whether the awarding of the Mid-Connecticut Project contract by the Connecticut Resources Recovery Authority (CRRA) to Combustion Engineering, Inc., complied with statutory requirements.
 
4/30/1990Hon. Francisco L. Borges, State Treasurer, 1990-015 Formal Opinion, Attorney General of Connecticut
  You have requested our advice with reference to an investment of twenty-five million dollars from five State retirement funds1 which you made in entities which acquired assets comprising the Firearms Division of Colt Industries, Inc. You question whether, due to the size of the investment and the participants, a notice filing with the Federal Trade Commission must be made under the Hart-Scott-Rodino Anti-Trust Improvement Act of l976, codified at l5 U.S.C. e l8a(a). Specifically, you ask whether this transaction falls under the exemption for a state, l5 U.S.C. e l8a(c)(4).
 
4/19/1990Senator John B. Larson, President Pro Tempore, & Representative Richard J. Balducci, Speaker of the House, 1990-014 Formal Opinion, Attorney General of Connecticut
  Thank you for your letter dated January 25, 1990 seeking the advice of this Office regarding the implementation of Section 6(d) of Public Act 89-355. Section 6 of Public Act 89-355 shifts a portion of the cost of providing health and welfare services to children attending private nonprofit schools from the towns in which those schools are located to the towns and school districts in which those children would otherwise be attending school or, in the case of children who are not residents of this state, to the private school.
 
4/17/1990Representative Richard J. Balducci, Speaker of the House, 1990-013 Formal Opinion, Attorney General of Connecticut
  This is in reply to your letter of March 13, 1990. You ask whether the following provision included in Conn. Gen. Stat. e 19a-460(a) (Rev. to 1989), amended by P.A. 89-325, e 21, is an unconstitutional infringement upon the executive branch: The department of mental retardation shall be under the supervision of a commissioner of mental retardation, who shall be appointed by the governor in accordance with the provisions of sections 4-5 to 4-8, inclusive, on recommendation of the council on mental retardation. The question is directed to the last phrase of this sentence, "on recommendation of the council on mental retardation."
 
4/11/1990Mr. Joseph C. Barber, Department of Veterans' Affairs, 1990-012 Formal Opinion, Attorney General of Connecticut
  We are writing in response to your letter dated February 22, 1990, in which you request our advice about the constitutionality of the residency requirements and waiting periods contained in Conn. Gen. Stat. ee 27-103 and 27-122b, two state statutes concerning veterans' benefits. We are also responding to your oral request, based upon your responsibilities under Conn. Gen. Stat. e27- 102l(c)(4),1 for our opinion on the constitutionality of the residency requirement found in Conn. Gen. Stat. e 27-104, which is contained in Part II of Chapter 506.
 
3/29/1990Steven Weinberger, Director, Office of the State Comptroller, 1990-011 Formal Opinion, Attorney General of Connecticut
  By letter dated December 1, 1989 on behalf of the State Employees Retirement Commission, you asked whether the arbitration award between the state and the State Employees Bargaining Agent Coalition (SEBAC), which was approved by the General Assembly on October 12, 1989, extends the retirement incentive provisions of Public Act No. 89-323 ("Act") to certain categories of employees in hazardous duty job classifications who had twenty years of such service on or before July 1, 1989 and became eligible for retirement as of that date as a result of provisions in the arbitration award which had an effective date of July 1, 1988.
 
3/28/1990Honorable John B. Larson, President Pro Tempore, Senate, 1990-010 Formal Opinion, Attorney General of Connecticut
  Your recent inquiry focuses upon the provisions of P.A. 89-390, e 24(b), which, in essence, create certain zones of protection around the Tele-Track facilities located in New Haven and Windsor Locks.
 
3/5/1990Honorable J. Edward Caldwell, State Comptroller, 1990-009 Formal Opinion, Attorney General of Connecticut
  This is in reply to your letter of March 17, 1989, requesting our advice concerning the eligibility of a state retiree, now serving in the General Assembly, for group life insurance. Specifically, you ask whether the individual is eligible to participate in group life insurance coverage as a member of the legislature as provided in Conn. Gen. Stat. e 5-257(a) while also maintaining paid-up group life insurance provided for retired State employees in e 5-257(d).
 
2/27/1990Major John Watson, Connecticut State Police, 1990-008 Formal Opinion, Attorney General of Connecticut
  In his letter to us, Lt. Col. John A. Mulligan requested our advice concerning the use of certain closed circuit video monitoring equipment to monitor the area to the rear of certain motor vehicles. His specific question to us is "whether installation and use of such equipment violates Section 14-105 of the General Statutes or any other provision of our law."
 
2/26/1990Hon. Howard B. Brown, Commissioner of Banking, 1990-007 Formal Opinion, Attorney General of Connecticut
  In your letter of June 1, 1989, you requested our advice on a matter involving wage executions on employees' paychecks. Specifically, you asked, "'[w]hen a wage execution is served on the Office of the Comptroller, may this department issue, during the 20-day automatic stay provided in Section 52-361a(d) of the Connecticut General Statutes, the final paycheck of an employee who has terminated employment with this department[?]"
 
2/5/1990Hon. John B. Larson, President Pro Tempore and Hon. Richard J. Balducci, Speaker of the House, 1990-006 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for an opinion from this office regarding the constitutionality of provisions of the proposed interstate banking bill which would set interest rate caps on credit cards as a condition of entry by out-of-state bank holding companies, out-of-state savings and loan holding companies, out-of-state banks, out-of-state savings banks, and out-of-state savings and loan associations.
 
1/25/1990Honorable James V. Albano, State Electrical Work Examining Board, 1990-005 Formal Opinion, Attorney General of Connecticut
  In your letter dated September 26, 1989, you requested our opinion concerning Conn. Gen. Stat. e21a-8(9). Section 21a-8(9) permits the Department of Consumer Protection ("DCP") to contract with third parties to administer licensing examinations on behalf of various state boards and commissions, including the State Electrical Work Examining Board (the "Board"). You asked what the extent of the Board's authority was in the selection process of the third party.
 
1/20/1990Hon. Howard B. Brown, Commissioner of Banking, 1990-004 Formal Opinion, Attorney General of Connecticut
  You have asked us whether l989 Conn. Pub. Acts No. 89-322, "An Act Concerning Liability of Corporate Directors" (hereinafter referred to as the "Act"), applies to banking institutions and credit unions organized under Title 36 of the General Statutes, "The Banking Law of Connecticut."
 
1/10/1990Mr. Eliot J. Dober, Office of Protection and Advocacy, 1990-003 Formal Opinion, Attorney General of Connecticut
  In your letter of July 12, 1989, you requested our opinion regarding the meaning of certain provisions of Conn. Gen. Stat. e 14-253a, which mandates that parking spaces be established and reserved for handicapped persons.
 
1/5/1990The Honorable Richard J. Balducci, Speaker of the House of Representatives, 1990-002 Formal Opinion, Attorney General of Connecticut
  This is in response to your request for advice dated November 16, 1989 in which you ask "whether the unclassified employees of a board of trustees of any constituent unit of the state system of higher education who are members of ARP are actually subject to the dictates of this arbitration award, [on state employees retirement benefits] specifically Issue 17 ... which mandated that the members of the Alternate Retirement Program (ARP) be provided with Social Security coverage effective July 1, 1989."
 
1/3/1990John T. Casteen, III, President, University of Connecticut, 1990-001 Formal Opinion, Attorney General of Connecticut
  You have requested our advice on a question concerning the use of real property in Granby which was received by the University of Connecticut (hereinafter: "the University") in l976 as a gift from Laura and Tudor Holcomb. Specifically, you ask whether use of the property as recommended by a consultant would be consistent with the terms of the deed to the University from the grantors.