The Office of the Attorney General William Tong
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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.
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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.
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John 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."
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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.
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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.
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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."
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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."
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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.
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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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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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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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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.
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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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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.