The Office of the Attorney General William Tong
Formal Opinions
Page 8 of 42
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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).
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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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This is in reply to your letter of March 17, 1989, requesting our advice concerning the eligibility of a state retiree, now serving in the General Assembly, for group life insurance. Specifically, you ask whether the individual is eligible to participate in group life insurance coverage as a member of the legislature as provided in Conn. Gen. Stat. e 5-257(a) while also maintaining paid-up group life insurance provided for retired State employees in e 5-257(d).
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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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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.