North Dakota AG Opinions, 1994

LETTER OPINION 94-L-52 March 7, 1994 Mr. Ronald W. McBeth Assistant Richland County State's Attorney Law Enforcement Center 413 3rd Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your February 17, 1994, letter asking whether monies raised pursuant to N.D.C.C. ? 50-03-01 can be used for the building and/or renovation of facilities to be used by the Family Planning Branch of the Richland County Public Health Department. As you mention in your letter, this o

LETTER OPINION 94-L-49 March 7, 1994 Mr. Warren L. Jamison Manager Garrison Diversion Conservancy District P.O. Box 140 Carrington, ND 58421-0140 Dear Mr. Jamison: Thank you for the Garrison Diversion Conservancy District's request for an opinion regarding the authority for its membership in the Greater North Dakota Association (hereafter GNDA). The concern about GNDA membership arose at the time because of recent federal legislation which provides that money spent by the GNDA on

LETTER OPINION 94-L-45 February 25, 1994 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552-0657 Dear Mr. Rohrich: Thank you for your letter inquiring whether the state's attorney has a duty to prepare a sheriff's deed and whether the board of county commissioners has the authority to pay the fees and expenses of the attorney for the petitioner in a proceeding seeking the appointment of a guardian or a conservator, especially in those cases seeking the appointment of a guardian or a conservator for a poor or indigent person. The sheriff is required to issue a sheri

18 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-06 Date issued: February 25, 1994 Requested by: Jeffrey J. Peterson, Bowbells City Attorney - QUESTION PRESENTED - Whether a board of county commissioners, in determining the fair market value of property acquired by tax deed and to be sold at the annual November sale, may, in effect, cancel outstanding city special assessments against the property without the permission of the governing body of the city in whic

LETTER OPINION 94-L-338 February 24, 1994 John Hoeven, President Bank of North Dakota PO Box 5509 Bismarck, ND 58502-5509 Dear John: You have asked this office to provide you with opinions on two issues which have been raised by the agency rating the Bank of North Dakota. The two issues which have arisen are whether debt issued by the Bank of North Dakota is subject to the state debt limit and what is the procedure for a creditor of the Bank to recover against the Bank. 1. Whether debt issued by the Bank of North Dakota is subject to the state debt limit. Article X, section 13 provides: T

14 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-05 Date issued: February 24, 1994 Requested by: Robert Hanson, State Tax Commissioner - QUESTION PRESENTED - Whether the new jobs credit from income tax withholding, which a business may use to repay a community economic development loan for a new jobs training program, applies only to the initial employee in the new job. - ATTORNEY GENERAL'S OPINION - It is my opinion that the new jobs credit from income

Heidi Heitkamp ATTORNEY GENERAL CAPITOL TOWER State Capitel 600 East Boulevard Bismarck, ND 58505-0040 701-224-2210 FAX 701-224-2226 Consumer Protection and Antitrust Section 701-224-3404 (V/TDD) 800-472-2600 (V/TOD) Toll Free in North Dakota FAX 701-224-3535 Gaming Section 701-224-4848 FAX 701-224-3535 Licensing Section 701-224-2210 FAX 701-224-2226 Racing Commission 701-224-4290 FAX 701-224-9535 CAPITOL COMPLEX State Office Building 900 East Boulevard Bismarck, ND 58505-0041 FAX 701-224-4300 Civil Litigation 701-224-3640 Natural Resources 701-224-3640 Bureau of Criminal Investig

LETTER OPINION 94-L-38 February 9, 1994 Mr. Henry C. "Bud" Wessman Executive Director Department of Human Services 600 East Boulevard Avenue Bismarck, ND 58505-0250 RE: Medicaid Funding of Abortions Dear Mr. Wessman: Thank you for your January 5, 1994, letter inquiring whether any provision of North Dakota law inhibits or prevents the state Medicaid director from carrying out federal requirements that the state Medicaid program fund abortions which terminate pregnancies resulting from rape or incest in addition to funding abortions to save the life of the mother. Before the Hyde Amendment w

LETTER OPINION 94-L-36 February 9, 1994 Mr. Sparb Collins North Dakota Public Employees Retirement System Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your January 7, 1994, letter asking whether N.D.C.C. ? 54-52- 17.7 authorizes the North Dakota Public Employees Retirement System Board (PERS Board) to restore a member's prior retirement service which was excluded from the calculation of a member's retirement benefit because the member was either a minor or temporary employee. N.D.C.C. ? 54-52-17.7 provides that "[t]he years of service and prior service credit for e

LETTER OPINION 94-L-33 February 4, 1994 Representative James Boehm Route 1, Box 83 Mandan, ND 58554 Dear Representative Boehm: Thank you for your January 14, 1994, letter asking whether a district political party meeting, which was not called by the district chairperson and at which the district chairperson was purportedly removed from office, comports with state law. North Dakota statutes provide a framework for political party committee organization. North Dakota Century Code (N.D.C.C.) ch. 16.1-03 creates a three tier system where citizens at local caucuses, which are

LETTER OPINION 94-L-28 February 1, 1994 Mr. Douglas D. Sletten Garrison City Attorney PO Box 68 Garrison, ND 58540 Dear Mr. Sletten: Thank you for letter regarding the proper use by the city of Garrison of a connection fee received from a rural water association. You indicate that the city of Garrison recently completed work on a new water system including a new intake structure at Lake Sakakawea, a new pipeline from the lake to the city, a new treatment plant,

12 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-04 Date issued: February 1, 1994 Requested by: Representative Jack Howard, District 29 - QUESTION PRESENTED - Whether land area from two school districts may be annexed to another school district in the same proceeding. - ATTORNEY GENERAL'S OPINION - It is my opinion that land area from two school districts may not be annexed to another school district in the same proceeding. - ANALYSIS - The factual situation d

LETTER OPINION 94-L-24 January 31, 1994 Diane Alm, Executive Director North Dakota Workers Compensation Bureau 500 E Front Avenue Bismarck, ND 58504 Dear Ms. Alm: Thank you for your December 9, 1993, letter regarding the construction of N.D.C.C. §§ 65-02-19, 65-02-20, and 65-02-21 as they relate to the requirements and duties of third-party administrators. Information submitted by the Bureau indicates that the Bureau presently contracts with two third-party medical administrators, Health Care Cost Control, Inc. (HCCC) and UHC Management Company, Inc. (Healthmarc), to provide various a

9 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-03 Date issued: January 27, 1994 Requested by: Henry C. "Bud" Wessman, Executive Director, North Dakota Department of Human Services - QUESTION PRESENTED - Whether a report or any other information held by the Department of Human Services as a result of an investigation by state officials under North Dakota Century Code (N.D.C.C.) ch. 50-25.1 concerning events at the Wahpeton Indian School may be made available to

LETTER OPINION 94-L-20 January 20, 1994 Mr. Kent Reierson Williston City Attorney P.O. Box 1366 Williston, ND 58802-1366 Dear Mr. Reierson: Thank you for your December 27, 1993, letter concerning a petition for a proposed Sunday opening ordinance. You stated that the city commission had passed a Sunday opening ordinance which was then referred. The referral vote on November 23, 1993, rejected the ordinance. You further indicated that petitions were then circulated to initiate

LETTER OPINION 94-L-16 January 20, 1994 Mr. James T. Odegard Grand Forks County State's Attorney PO Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your letter requesting my opinion on a proposed division of an organized township under North Dakota Century Code ? 58-02-19. You indicated that residents of a particular civil township in Grand Forks County have submitted a petition for the division of the township pursuant to N.D.C.C. ? 58-02-21. You al

LETTER OPINION 94-L-10 January 20, 1994 Mr. Peter H. Furuseth Williams County State's Attorney P.O. Box 2047 Williston, ND 58802-2047 Dear Mr. Furuseth: Thank you for your December 1, 1993, letter regarding the sheriff's responsibilities on levy and execution of civil judgments in light of legislation passed at the 1993 legislative session. You specifically asked three questions: whether the sheriff's responsibilities on the property search of judgment debtors' assets is limited to "of record" assets only (i.e., assets such as motor vehicles, chattels, and real property);

5 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-02 Date issued: January 20, 1994 Requested by: Larry Quast, Stanton City Attorney - QUESTION PRESENTED - Whether a city without a home rule charter may provide free electricity to a school district. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city without a home rule charter may provide free electricity to a school district when such is provided for in a joint powers agreement between the city and school district or when the city

LETTER OPINION 94-L-5 January 11, 1994 Mr. Glenn Pomeroy Commissioner of Insurance Chairman, State Personnel Board State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Pomeroy: Thank you for your November 16, 1993, letter asking six questions concerning teachers employed at the North Dakota Industrial School (NDIS), the North Dakota School for the Deaf (School for the Deaf), and the North Dakota School for the Blind (School for the Blind), and the ram

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 94-F-01 Date issued: January 11, 1994 Requested by: Michel W. Stefonowicz, Noonan City Attorney - QUESTION PRESENTED - Whether a city may transfer general fund moneys to a job development authority to be used to encourage and assist in the development of employment within the city, or whether the city may only transfer to the authority moneys collected or the amount which would be collected through the levy of a

LETTER OPINION 94-L-3 January 10, 1994 Mr. Brian McClure Director Central Personnel Division Office of Management and Budget State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0120 Dear Mr. McClure: Thank you for your November 24, 1993, letter asking whether your office has the authority to adopt an administrative rule concerning severance pay for classified state employees in furtherance of North Dakota Century Code (N.D.C.C.) ? 54-14-04.3. N.D.C.C. ? 54-44.3-01 describes the

LETTER OPINION 94-L-1 January 3, 1994 Mr. Charles R. Isakson Mercer County State's Attorney P.O. Box 39 Stanton, ND 58571-0039 Dear Mr. Isakson: Thank you for your December 15, 1993, letter asking whether certain economic development records relating to the Community Development Block Grant to Fish 'N Dakota, Inc., are subject to public disclosure as an open record pursuant to N.D.C.C. ? 44-04-18 or whether one of the exceptions applies. Your two-part inquiry asks: 1. Which