1990 Formal Opinions
Page 2 of 3
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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 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 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.
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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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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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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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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 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 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 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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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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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 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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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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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).