1990 Formal Opinions
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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.
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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).
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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).
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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.
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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.
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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).