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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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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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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In his letter to us, Lt. Col. John A. Mulligan requested our advice concerning the use of certain closed circuit video monitoring equipment to monitor the area to the rear of certain motor vehicles. His specific question to us is "whether installation and use of such equipment violates Section 14-105 of the General Statutes or any other provision of our law."
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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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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 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.
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Audrey Rowe, Department of Social Services, 1993-032 Formal Opinion, Attorney General of Connecticut
This is in response to your request for a formal opinion as to whether Connecticut's child support-related wage withholding legislation is in compliance with certain federal statutory and regulatory mandates.
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This letter responds to the March 25, 1993, inquiry of Assistant Treasurer Lawrence A. Wilson wherein he asked whether the Connecticut Bar Foundation, Inc. may invest Interest On Lawyers' Trust Account ("IOLTA") funds in the State's Short-Term Investment Fund ("STIF").
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This is in response to your department's request for a formal opinion from this office as to whether or not Section 3-7 of the General Statutes is applicable to certain internal service/revolving funds administered by the Department of Administrative Services (DAS). Your department's request focuses on whether monies owed to the funds by other State agencies may be cancelled from the books of DAS or otherwise compromised in accordance with the provisions of Section 3-7.
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You ask in your letter to this office whether Conn.Pub.Act No. 93-435, § 87(b) violates Art. II, Conn. Const., relating to the separation of powers. You suggest that this question arises because the legislature would be imposing the UAPA rule-making procedure of the executive branch upon the probate courts.
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I write to respond to your request for an advisory opinion regarding religious exemption provisions included within Connecticut's child abuse and neglect statutes. The critical statutory language is contained in Conn. Gen. Stat. § 17a-104 (with essentially similar language found in Conn. Gen. Stat. § 46b-120) which provides: "...[t]he treatment of any child by a Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts shall not of itself constitute maltreatment."