North Dakota AG Opinions, 1993

LETTER OPINION 93-L-119 April 1, 1993 Timothy L. Kingstad State Land Commissioner ND State Land Department 918 East Divide Avenue, Suite 410 Drawer No. 5523 Bismarck, ND 58502-5523 Dear Mr. Kingstad: Thank you for your March 3, 1993, letter asking whether the principal of the capitol building fund may be expended pursuant to legislative appropriation. The capitol building fund has its origins in the state's Enabling Act. 25 Stat. 676, ch. 180, Feb. 22, 1889. Section 12 o

LETTER OPINION 93-L-115 March 24, 1993 Mr. John T. Goff Cass Co. State's Attorney P.O. Box 2806 Fargo, ND 58108 Dear Mr. Goff: Thank you for your March 4, 1993, letter requesting an opinion concerning compliance with the informed consent requirements of N.D.C.C. ch. 14-02.1, North Dakota's Abortion Control Act. I agree that a consistent approach to enforcement of these provisions is in the best interests of all concerned. The following discussion is not intended to be

13 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 93-F-04 Date issued: March 24, 1993 Requested by: Timothy Wilhelm, Assistant State's Attorney, Ward County - QUESTIONS PRESENTED - I. Whether a county may establish zoning regulations to apply to a township that has not relinquished to the county its powers to enact zoning regulations. II. Whether the provisions of N.D.C.C. ? 11-33.2-12 apply to a county which requires plat approval as a prerequisite to subdivision of land

LETTER OPINION 93-L-114 March 23, 1993 Representative Mark Sitz District 7 Route 1, Box 40-A Drake, ND 58736 Dear Representative Sitz: Thank you for your March 23, 1993, letter regarding House Bill 1258 and its affect on the liability of cooperative board members and stockholders. House Bill 1258 establishes a new section to North Dakota Century Code ch. 32-19 relating to the procedures for obtaining deficiency judgments on commercial real property. Commercial real property

7 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 93-F-03 Date issued: March 23, 1993 Requested by: Phyllis A. Ratcliffe Griggs County State's Attorney - QUESTIONS PRESENTED - I. Whether a city may annex territory that does not border on the city boundary. II. Whether a city has a duty to provide the same services to the annexed territory that it provides to other areas of the city. III. Whether a city acquires responsibility and liability for the portion of a coun

LETTER OPINION 93-L-111 March 22, 1993 Ms. Phyl Plunkett North Dakota Private Investigation & Security Board P.O. Box 7026 Bismarck, ND 58507 Dear Ms. Plunkett: Thank you for your February 5, 1993 letter requesting an opinion on whether N.D. Admin. Code ? 93-02-02-14 prohibits law enforcement officers and city prosecutors from being principals in private security agencies. The above question is asked in the context of a law enforcement officer and city prosecutor who are p

LETTER OPINION 93-L-104 March 22, 1993 Mr. Lyle Gallagher Director State Radio Communications Box 5511 Bismarck, ND 58502-5511 Dear Mr. Gallagher: Thank you for your February 23, 1993, letter inquiring as to North Dakota laws regulating the disclosure of information regarding an individual's HIV positive status. I am unable to offer a definite answer regarding disclosure of a person's HIV status since the determination of whether the information is confidential must be based o

LETTER OPINION 93-L-102 March 22, 1993 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784-0369 RE: Age limitation with "bar bingo" Dear Mr. Enget: Thank you for your February 22, 1993, letter regarding charitable gaming at a building shared by a licensed alcoholic beverage establishment and bowling facility. A question was raised concerning the play of "bar bingo" by persons under the age of 21 through the use of a public address system

LETTER OPINION 93-L-100 March 19, 1993 Mary K. O'Donnell Rolette County State's Attorney PO Box 1079 Rolla, ND 58367 Dear Ms. O'Donnell: Thank you for your February 10, 1993, letter regarding register of deeds' duties relating to the filing and the recording of city resolutions to vacate public grounds, streets, or alleys pursuant to N.D.C.C. ? 40- 39-08. N.D.C.C. ? 40-39-08 provides, in part, that a "transcript of the resolution, duly certified by the city auditor, shall

LETTER OPINION 93-L-98 March 17, 1993 Honorable Janet Wentz State Representative 505 8th Avenue S.E. Minot, ND 58701 Dear Representative Wentz: Thank you for your February 26, 1993, letter asking whether a soft drink sweepstakes would violate N.D.C.C. ? 12.1-28-02. In your letter you describe a soft drink promotion as follows: A seller of soft drink products conducts a contest in which the purchaser of the soft drink product is eligible for a prize or prizes based upon

LETTER OPINION 93-L-95 March 17, 1993 Honorable Jennifer Ring House of Representatives First Floor, State Capitol 600 E. Boulevard Bismarck, ND 585055-0360 Dear Representative Ring: Thank you for your March 11, 1993 letter requesting my opinion on the applicability of N.D.C.C. ? 44-04-18 and Article XI, Section 6 of the North Dakota Constitution to records of the Greater North Dakota Association. N.D.C.C. ? 44-04-18 provides in pertinent part: Except as otherwise specifically prov

LETTER OPINION 93-L-91 March 17, 1993 The Honorable Gary Porter North Dakota House of Representatives State Capitol 600 E. Boulevard Ave. Bismarck, ND 58505 Dear Representative Porter: Thank you for your March 1, 1993, letter asking for an opinion concerning the definition and meaning of "brand inspection." It is my understanding that your question arises because of allegations that the clipping process used during some brand inspections may cause weight loss or "shrinkage" ju

LETTER OPINION 93-L-85 March 12, 1993 John T. Goff Cass County State's Attorney PO Box 2806 Fargo, ND 58108-2806 Dear Mr. Goff: Thank you for your letter concerning the employment status of county weed board members, the county weed control officer, and others who work at the direction of the county weed control officer under N.D.C.C. ch. 63-01.1. I apologize for the delay in responding. Specifically, you ask: 1. Whether county weed board members appointed by a board o

LETTER OPINION 93-L-78 March 11, 1993 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 533 Lakota, ND 58344-0533 Dear Mr. Manbeck: Thank you for your January 4, 1993, letter regarding school district restructuring, conflict of interest of public officials, and solid waste management. Concerning school district restructuring, you state five contiguous districts out of seven districts in a consortium voted in favor of reorganizing under North Dakota Century Code (N.D.C.C.) ch. 15-27.6. Those five districts have developed another reorganization plan and tax levy under N.D

LETTER OPINION 93-L-75 March 10, 1993 Mr. F.C. Rohrich Emmons County State's Attorney PO Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your January 19, 1993, letter concerning annexation proceedings and the distribution of an unobligated cash balance in excess of $10,000 maintained in the treasury of the Braddock School District. Your question relates to the distribution of the unobligated cash balance as refunds (as opposed to tax credits) and the persons entit

LETTER OPINION 93-L-70 March 9, 1993 Honorable John Hokana State Representative House Chamber State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 RE: Senate Bill No. 2385 -- IntraLATA Equal Access Dear Representative Hokana: Thank you for your February 24, 1993, letter requesting an opinion regarding the constitutionality of Senate Bill No. 2385, a bill which, if enacted, would prevent the Public Service Commission from requiring local exchange telephone companies to provide

LETTER OPINION 93-L-68 March 2, 1993 Peter H. Furuseth State's Attorney P.O. Box 2047 Williston, ND 58802-2047 Dear Mr. Furuseth: Thank you for your February 10, 1993 letter concerning whether a judgment debtor may claim the exemptions under N.D.C.C. ch. 28-32 or N.D.C.C. ch. 32-09.1 when the judgment debtor is being garnished pursuant to N.D.C.C. ch. 32-09.1. Section 32-09.1-03 places certain restrictions on garnishment of earnings. Your question stems from former Attorney Genera

LETTER OPINION 93-L-62 February 26, 1993 Honorable Alvin A. Jaeger Secretary of State State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your February 5, 1993, letter requesting my advice on four issues presented to you by several North Dakota citizens (citizens). ISSUE 1: Whether the requirement that foreign corporations register with the Secretary of State applies to all foreign corporations, including federal agencies and

LETTER OPINION 93-L-58 February 24, 1993 Mr. Sparb Collins Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your letter requesting my opinion as to whether North Dakota Century Code (N.D.C.C.) ? 54-52.1-06 allows the Public Employees Retirement System Board to determine the level of premiums for health insurance under the state group health insurance program and your subsequent memo providing further info

LETTER OPINION 93-L-56 February 19, 1993 Mr. Jerry Renner Kidder County State's Attorney Steele, ND 58482 Dear Mr. Renner: Thank you for your January 12, 1993, letter requesting an opinion as to whether the Kidder County Commissioners can authorize a nursing home physician to act as coroner for all deaths occurring at the nursing home. N.D.C.C. ? 11-19.1-17 provides that chapter 11-19 applies in counties with a population of less than 8,000 residents, but coroners in tho

LETTER OPINION 93-L-54 February 18, 1993 Mr. Stephen J. Rice Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Rice: Thank you for your January 21, 1993, letter wherein you inquire whether certain properties located in Walsh County and owned by a Trillium Corporation are subject to ad valorem taxation. My response is based upon the factual assumptions stated in your letter. Trillium Corporation is a subsidiary of a railroad corporation. Trilliu

LETTER OPINION 93-L-53 February 17, 1993 Sarah Vogel Commissioner of Agriculture Department of Agriculture 600 East Boulevard, Sixth Floor Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your December 1, 1992 letter requesting my opinion regarding whether United States Department of Interior agencies are required under N.D.C.C. ? ? 20.1-02-18 and 20.1-02-18.1 to hold hearings before local county commissioners and receive the governor's final approval before purchasing land

LETTER OPINION 93-L-49 February 17, 1993 Mr. Michel W. Stefonowicz Divide County States Attorney 115 Main St. S., P.O. Box 289 Crosby, ND 58730-0289 Dear Mr. Stefonowicz: Thank you for your January 26, 1993 letter requesting an opinion on when a small claims court judgment expires. N.D.C.C. ? 27-08.1-06 addresses the docketing of unsatisfied judgments in small claims court. It provides in relevant part: If the defendant fails to pay the judgment rendered by the court withi

LETTER OPINION 93-L-45 February 15, 1993 Honorable Dagne Olsen State Representative House Chamber State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Representative Olsen: Thank you for your January 25, 1993, letter concerning the North Dakota School for the Blind and potential changes to the mission of the School for the Blind being contemplated by the Legislative Assembly. You describe the School for the Blind as presently providing a variety of educational service

LETTER OPINION 93-L-375 February 12, 1993 Mr. Cameron D. Sillers Cavalier County State's Attorney 908 Third Street Langdon, ND 58249 Dear Mr. Sillers: Thank you for your letter requesting an opinion as to whether an airport authority has sufficient ownership interest in certain property to annex such property to a city. I am sorry for the delay in responding to your request. N.D.C.C. ? 40-51.2-03 provides that "[u]pon a written petition signed by . . . the owners of

LETTER OPINION 93-L-39 February 11, 1993 Honorable Alvin A. Jaeger Secretary of State State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: This letter is in response to a request from former Secretary of State Jim Kusler for an opinion regarding unpaid earned property or casualty insurance premium liens. Secretary of State Kusler indicated that situations have arisen where registers of deeds have received filings on the statutory agricultura

LETTER OPINION 93-L-36 February 11, 1993 Mr. Steve Ashpole SCD Technician Cavalier County Soil Conservation District 901 3rd St. Langdon, ND 58249 Dear Mr. Ashpole: Thank you for your January 6, 1993, letter in which you ask several questions regarding a bounty for tree planting as provided for in N.D.C.C. ? 4-21-01. N.D.C.C. ? 4-21-01 provides: 4-21-01. Bounty for tree planting -- Amount -- Deduction of taxes. A bounty must be paid out of the general fund of the coun

LETTER OPINION 93-L-34 February 10, 1993 Senator Dan Wogsland Majority Leader Senate Chamber North Dakota Legislative Assembly Bismarck, ND 58505 Dear Senator Wogsland: Thank you for your February 5, 1993, letter requesting an opinion as to whether it is a violation of North Dakota Constitution Article X, Section 21, for the Legislature to provide that moneys in the permanent trust fund created by that section (the "Fund") may be used to make loans to school districts fo

Overruled in part by N.D.A.G. 98-L-142 LETTER OPINION 93-L-32 February 10, 1993 Kathi Gilmore State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Ms. Gilmore: Former Treasurer Robert E. Hanson requested an opinion in a December 31, 1992, letter on whether the state may refund a portion of the wholesale alcoholic beverage license fees paid under an interpretation of law which was later changed. Until an Attorney General's opinion issued July 8, 1991,

LETTER OPINION 93-L-30 February 5, 1993 Mr. Thomas W. Robb Sioux County State's Attorney P.O. Box 2101 Bismarck, ND 58502-2102 Dear Mr. Robb: This letter is in response to former Sioux County State's Attorney Maury Thompson's December 30, 1992, letter requesting an opinion on two procedural issues. He asked whether the chairman of a county commission may second a motion if the motion will not be seconded by another commission member. He also asked whether the chairman

LETTER OPINION 93-L-28 February 4, 1993 F.C. Rohrich 107 North Broadway P.O. Box 657 Linton, ND 58552-0657 Dear Mr. Rohrich: Thank you for your January 12, 1993 letter asking whether the city of Linton may properly limit voting at its special election regarding a proposed home rule charter to one voting place when the city has three wards. N.D.C.C. ? 40-05.1-10 addresses the manner of calling and holding elections regarding a city's adoption of a home rule charter. It

LETTER OPINION 93-L-26 February 3, 1993 Ms. Phyl Plunkett N.D. Private Investigative & Security Board P.O. Box 7026 Bismarck, ND 58507 Dear Ms. Plunkett: Thank you for your December 28, 1992, letter requesting my opinion on whether persons engaged, for compensation, in the business of recovering pledged collateral are performing a private investigative service for which they are required to have a license under N.D.C.C. Ch. 43-30. As defined by N.D.C.C. Ch. 43-30, "private investigative service" means "obtaining or furnishing information with reference to any act or individual." N.D.C.C. §

LETTER OPINION 93-L-23 February 1, 1993 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your December 7, 1992, letter concerning the proposed bidding process for the construction of a new water plant for the city of Fargo. Specifically, you ask whether the city's proposed bidding process is consistent with the provisions of N.D.C.C. ch. 48-02. In your letter, you note the city's three-step bidding process as f

LETTER OPINION 93-L-21 January 28, 1993 Mr. F.C. Rohrich Emmons County State's Attorney PO Box 657 Linton, ND 58552 RE: N.D.C.C. ? 39-08-03.1 Dear Mr. Rohrich: Thank you for your January 12, 1993, letter in which you raised questions concerning the scope of N.D.C.C. ? 39-08-03.1, specifically as it relates to exhibition driving. Subsection 1 of N.D.C.C. ? 39-08-03.1 provides: No person may engage in exhibition driving of any vehicle on a highway, street, alley, sidewalk,

4 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 93-F-02 Date issued: January 28, 1993 Requested by: Senator Gary J. Nelson - QUESTION PRESENTED - Whether the State may use public funds to purchase stock in private corporations. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State of North Dakota may use public funds to purchase stock in private corporations if the State does so through an industry, enterprise or business created for a public purpose. -

LETTER OPINION 93-L-18 January 27, 1993 Mr. Doug Mattson Ward County State's Attorney Ward County Courthouse Minot, ND 58701 RE: N.D.C.C. ? 50-01-01 Dear Mr. Mattson: Thank you for your September 16, 1992 letter wherein you request an opinion concerning the appropriate document for use in implementing a portion of N.D.C.C. ? 50-01-01(2). N.D.C.C. ? 50-01-01 concerns the duty of the county to provide poor relief to needy county residents. Subsection 2 requires that an applic

LETTER OPINION 93-L-16 January 27, 1993 Mr. Daniel G. Diemert Dickey County State's Attorney 309 Second Street Ellendale, ND 58436 Dear Mr. Diemert: Thank you for your letter asking whether information on an agricultural supplier's lien form that has been filed in the Central Notice System can be changed by a register of deeds or by the Secretary of State's Office upon being informed that the initial information was incorrect. I apologize for the delay in this response

LETTER OPINION 93-L-15 January 27, 1993 Jack A. Carroll, Ph.D., MHA Executive Director Medical Center Rehabilitation Hospital University of North Dakota Box 8202 University Station Grand Forks, ND 58502 Dear Dr. Carroll: Thank you for your letter regarding preliminary exploration by the Medical Center Rehabilitation Hospital in Grand Forks and the Medical Services Division of the North Dakota Department of Human Services of the establishment of an extensive care facility at the hosp

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 93-F-01 Date issued: January 27, 1993 Requested by: Wayne J. Anderson, Acting Executive Director North Dakota Department of Human Services - QUESTION PRESENTED - Whether the procedures and standards for reporting, investigating, and treating all cases of medical neglect, including those in which parents refuse to provide medical care for religious reasons, are the same for all children, regardless of the religious beliefs or

LETTER OPINION 93-L-6 January 25, 1993 Representative Richard Kunkel North Dakota Legislative Assembly House Chamber State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Representative Kunkel: Thank you for your December 12, 1992, letter concerning the eligibility of surviving spouses of members of the Public Employees Retirement System (PERS) to receive credit for hospital and medical benefits under North Dakota Century Code (N.D.C.C.) ? 54-52.1-03.3. In essence, you challenge

LETTER OPINION 93-L-12 January 25, 1993 Senator James Maxson State Capitol Bismarck, ND 58505 RE: Senate Bill 2265 Dear Senator Maxson: After a hearing before the Senate Political Subdivisions Committee on Senate Bill 2265 relating to the sale of alcoholic beverages on a Sunday, you made inquiry to this office concerning the effects Senate Bill 2265 may have on a city's authority to regulate the sale of alcoholic beverages through its ordinances. You state that Senate