1995 Formal Opinions
Page 3 of 3
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On February 17, 1995, you requested an opinion of this office on whether or not seven individuals appointed by former Governor Weicker are qualified to serve as members of the Employees' Review Board, and the terms they can serve if they are qualified.
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You have requested our opinion regarding the jurisdiction of the Connecticut Siting Council (the "Council") in connection with the proposal of the National Railroad Passenger Corporation ("Amtrak") to complete the electrification of the Northeast Corridor rail line from New Haven, Connecticut to Boston, Massachusetts (the "Project"). Specifically, you have asked whether the Federal Railroad Administration (the "FRA") has preempted the Council by its oversight and involvement in the Project, including in particular its preparation and issuance of an environmental impact statement.
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John P. Burke, Department of Banking, 1995-017 Formal Opinion, Attorney General of Connecticut
Your department has sought our opinion on two questions relating to the interplay, if any, between Conn. Gen. Stat. §§ 36a-380 and 42-202. The first question asks us: (1) Is a broker-dealer which is a member of the National Association of Securities Dealers, Inc. or registered under CUSA [Connecticut Uniform Securities Act] a "registered broker-dealer", "authorized by law to act as an escrow agent", within the meaning of Section 42-202 of the Connecticut General Statutes? The second question was posed as follows: (2) Does Section 36-314 apply to a corporation that is appointed to act as escrow agent with regard to the money or securities received from the sale of funeral services contracts? If the answer to this question is in the affirmative: (a) Must such corporation obtain a special act of the Connecticut General Assembly in order to act as an escrow agent under Section 42-202, or is such corporation, by virtue of Section 42-202 or otherwise, "specifically empowered so to act by a general statute of this state" within the meaning of Section 36-314; and (b) Does such corporation come within the jurisdiction of both the Department of Banking and the Department of Public Health and Addiction Services?
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You have requested an opinion regarding the applicability of the Freedom of Information Act ["FOIA"], Conn. Gen. Stat. §1-7 et seq., to the Connecticut Student Loan Foundation ["CSLF"]. Specifically, the issue you raised is whether the CSLF is a public agency subject to the public records and meeting requirements of the FOIA.