1990 Formal Opinions
Page 1 of 3
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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.
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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.
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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."
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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.
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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."
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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.
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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.
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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").
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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."
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Hon. 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).
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Department 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").
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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.
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Senator 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.
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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.
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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.