North Dakota AG Opinions, 1985

N.D.A.G. Letter to Slorby (Feb. 2 7, 1985) February 27, 1985 Tom Slorby State's Attorney County of Ward Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter dated February 20, 1985 in regard to N.D.C.C. 24-05-04. You indicated in your letter that Ward County wishes to purchase road machinery for $35,000.00. You indicated that the County would be trading in other road machinery and would receive $25,000.00 trade in value thus paying $10,000.00 cash for the purchase of this particular road machinery. This office agrees with your opinion that N.D.C.C. 24-05-04 requires that such

N.D.A.G. Letter to Hagerty (Feb. 27, 1985) February 27, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of February 12, 1985, concerning the application of N.D.C.C. 25-13-02. That section states as follows: 25-13-02. BLIND OR PHYSICALLY HANDICAPPED PERSON ACCOMPANIED BY GUIDE OR SERVICE DOG TO BE ADMITTED TO PUBLIC PLACES. Every totally or partially blind person shall have the right to be accompanied by a guide dog and every physically handicappe

N.D.A.G. Letter to Jansen (Feb. 12, 1985) February 12, 1985 Mr. Jack Jansen State Fire Marshal State Capitol Bismarck, North Dakota 58505 Dear Jack: Thank you for your letter of January 22, 1985, concerning the definition of "building official" as that term is used in the Uniform Mechanical Code as referenced by the Uniform Building Code. Apparently, there is an individual who you do not believe is qualified to be a building official yet who is performing such duties and has approved heating devices. North Dakota law, N.D.C.C. § 54-21.3-03, has adopted the 1982 Uniform Building Code an

N.D.A.G. Letter to Hausauer (Feb. 8, 1985) February 8, 1985 Honorable Roy Hausauer Speaker of the House House of Representatives State Capitol Bismarck, North Dakota 58505 Dear Representative Hausauer: Thank you for your letter of January 24, 1985, asking several questions concerning soil conservation trust lands held by the North Dakota Association of soil Conservation Districts pursuant to N.D.C.C. §4-22-51. N.D.C.C. §4-22-51 states, in part, as follows: The state of North Dakota hereby accepts and declares to be held in trust for the soil conservation districts of the state for

N.D.A.G. Letter to Braun (Feb. 8, 1985) February 8, 1985 Ms. Barbara C. Braun Director Protection and Advocacy Project State Capitol Bismarck, North Dakota 58505 Dear Ms. Braun: Thank you for your letter of January 9, 1985, in which you asked whether the Federal District Court through its opinion or through a series of orders that it issued in connection with the case of Association for Retarded Citizens of North Dakota, et al., vs. Allen I. Olson, et al. , (hereinafter ARC v. Olson ) 561 F.Supp. 470 (D.N.D. 1982), affirmed 713 F.2d 1384 (8th Cir. 1983), has granted the North Dako

N.D.A.G. Letter to Renner (Feb. 7, 1985) February 7, 1985 Mr. Jerome L. Renner Kidder County State's Attorney P. O. Box 229 Steele, North Dakota 58482 Dear Mr. Renner: Thank you for your inquiry of January 18, 1985, regarding the relationship of state personnel policies and county social service board employees. Enclosed is a copy of Attorney General's Opinion 81-137, which answers your questions about salaries and employee benefits. An answer to your remaining question regarding general supervision and authority of the Department of Human Services over county social service board emp

N.D.A.G. Letter to Brovold (Feb. 7, 1985) February 7, 1985 Mr. Jay V. Brovold Billings County State's Attorney Billings County Courthouse P.O. Box 187 Medora, North Dakota 58645 Dear Mr. Brovold: Thank you for your letter of January 10, 1985, regarding the authority of a board of county commissioners to promulgate rules and regulations for reserve pit reclamation on oil well sites. An examination of the North Dakota Century Code has revealed no specific authority for counties to regulate the reserve pit reclamation on oil well sites. Rather, the North Dakota Legislature has granted sp

N.D.A.G. Letter to Hausauer (Feb. 5, 1985) February 5, 1985 Honorable Roy Hausauer Speaker of the House District 25 85 Dakota Avenue Wahpeton, ND 58075 Dear Representative Hausauer: Thank you for your letter of February 4, 1985 concerning which county officer is directed to distribute the daily statement of all receipts and disbursements pursuant to N.D.C.C. §11-14-12. N.D.C.C. §11-14-12 states as follows: 11-14-12. STATEMENT TO TOWNSHIP CLERK OF AMOUNT PAID TO TOWNSHIP TREASURER.-- Whenever the county treasurer pays or remits any township funds to a township treasurer, he shall mail

Date Issued: February 4, 1985 (AGO 85-8) Requested by: Hugh P. Seaworth, Bismarck City Attorney - QUESTION PRESENTED - Whether an ordinance granting a cable television franchise and providing the terms and conditions of that franchise may be referred to the electors of the city. - ATTORNEY GENERAL'S OPINION - It is my opinion that an ordinance granting a cable television franchise and providing the terms and conditions of that franchise may not be referred to th

Date Issued: January 30, 1985 (AGO 85-7) Requested by: Wayne Jones, Ransom County State's Attorney - QUESTION PRESENTED - Whether it is gambling to conduct a bowling tournament in which there is a $1,000.00 entry fee per entry and where there is only one prize, that being the bowling alley, which would go to the top bowler. - ATTORNEY GENERAL'S OPINION - It is my opinion that it is not gambling to conduct a bowling tournament where there is an entry

N.D.A.G. Letter to Sillers (Jan. 29, 1985) January 29, 1985 Mr. Cameron D. Sillers Cavalier County State's Attorney 901 Third Street Langdon, North Dakota 58249 Dear Mr. Sillers: Thank you for your letter dated January 11, 1985, regarding N.D.C.C. §5-02-06. Your question concerned whether a local bar that has obtained a restaurant license and only serves food on specific nights during the week can allow minors to be on the licensed premises to eat if the gross sales of food are equal to the gross sales of alcoholic beverages on the night the restaurant is open. The restaurant exceptio

Date Issued: January 29, 1985 (AGO 85-6) Requested by: Owen L. Anderson, Chairman, North Dakota Judicial Nominating Committee Owen K. Mehrer, Stark County State's Attorney - QUESTIONS PRESENTED - I. Whether a county commission may elect to fill a vacancy in the position of county judge by proceeding in accordance with N.D.C.C. section 44-02-04 after the judicial nominating committee, at the commission's request, has submitted nominees to the commission pursuant to N.D.C.C.

N.D.A.G. Letter to Jones (Jan. 28, 1985) January 28, 1985 Mr. Wayne P. Jones Ransom County State's Attorney P.O. Box 391 Lisbon, North Dakota 58054 Dear Mr. Jones: Thank you for your letter of January 9, 1985, requesting an opinion as to whether North Dakota's Open Meetings Law applies to the Southeast Crime Conference. North Dakota's Open Meetings Law is found in N.D.C.C. § 44-04-19. This law requires meetings of certain governmental entities or agencies to be open to the public and further requires advance notice of such meetings. I believe that there are three categories of entitie

N.D.A.G. Letter to Hagerty (Jan. 28, 1985) January 28, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of January 14, 1985, regarding whether the County Emergency Fund, N.D.C.C. 57-15-28, may be used for construction of new court facilities and courtroom remodeling. N.D.C.C. §57-15-28 provides that the governing body of any county may levy a tax for emergency purposes not exceeding the limitation of N.D.C.C. §57-15-06.7(22). Each county may create an emerge

Date Issued: January 28, 1985 (AGO 85-5) Requested by: Representative Lyle Hanson - QUESTIONS PRESENTED - I. Whether a water resource district may adopt rules that modify the provisions of N.D.C.C. section 61-16.1-41. II. Whether a water resource district may adopt rules requiring a permit for drainage of less than eighty acres. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a water resource board may not adopt rules that modify the provisions of N.D.C.C. s

N.D.A.G. Letter to Slorby (Jan. 25, 1985) January 25, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: Thank you for your letter of December 31, 1984, regarding the application of North Dakota Veteran's Preference Law, N.D.C.C. Ch. 37-19.1, to a county, such as Ward County, which has no civil service system or testing mechanism for the employment of county workers. The applicable provision of law states as follows: 37-19.1-02. PUBLIC EMPLOYMENT PREFERENCE TO VETERANS--RESIDENCY REQUIREMENTS 1. Veterans w

N.D.A.G. Letter to Crary (Jan. 24, 1985) January 24, 1985 Mr. Paul T. Crary City Attorney City of Walhalla P.O. Box 115 Walhalla, North Dakota 58282 Dear Mr. Crary: Thank you for your letter of January 9, 1985, concerning the issuance of a city building permit. In reviewing N.D.C.C. Title 40, we are able to find only two mentions of building codes and building permits. N.D.C.C. § 40-05-01(1), states that a municipal governing body may adopt by ordinance the conditions, provisions, and terms of, among others, a building code. N.D.C.C. § 40-05-02(6), specifically authorizes a city gover

Date Issued: January 24, 1985 (AGO 85-4) Requested by: Alan Person, Executive Director North Dakota Public Employees Retirement System - QUESTION PRESENTED - Whether N.D.C.C. section 54-52-05 and N.D.C.C. section 15-10-01, require Lake Region Community College to pay its employees' four percent retirement contribution to the Public Employees Retirement System. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. section 54-52-05, and N.D.C.C. section 15-10-01, do not req

N.D.A.G. Letter to Eiken (Jan. 23, 1985) January 23, 1985 Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue, Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: Thank you for your letter of December 21, 1984, concerning cooperation by the Department with the Nature Conservancy in establishing nature preserves at the Cross Ranch. The North Dakota Nature Preserves Act, N.D.C.C. Ch. 55-11, authorizes the North Dakota Parks and Recreation Department to establish a system of nature preserves. Pursuant

Office of the Attorney General State of North Dakota Opinion No. 85-3 Date Issued: January 22, 1985 Requested by: John A. Richardson Commissioner North Dakota State Board of Higher Education --QUESTION PRESENTED-- Whether a private investigator's report, prepared at the request and in the possession of a state college, concerning a member of that college's faculty, is exempt from North Dakota's Open Records Law. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a private investigator's report, prepared at the request and in the posse

Date Issued: January 22, 1985 (AGO 85-2) Requested by: Honorable Pat Conmy State Representative - QUESTION PRESENTED - Whether N.D.C.C. chapter 43-12.1 grants the State Board of Nursing the authority to change the requirements for eligibility to take the nursing license examination by eliminating graduates from the diploma schools of nursing and requiring applicants to have a baccalaureate degree from an institution of higher learning prior to license examination. - ATTORNEY

N.D.A.G. Letter to Terry (Jan. 17, 1985) January 17, 1985 Mr. Wayne Terry Assistant Commandant North Dakota Veterans Home Lock Box 673 Lisbon, North Dakota 58054 Dear Mr. Terry: Thank you for your letter of December 18, 1984, regarding the plans for the North Dakota Veterans Home fair scheduled for the summer of 1985. The following are the specific questions you asked in your letter and my responses to those questions. 1) What kind of liability would we have and would we be covered by any state insurance? The Veterans Home exposure to liability would not be different than the liab

N.D.A.G. Letter to Bensen (Jan. 10, 1985) January 10, 1985 Mr. Steven P. Bensen, CPA Chief Auditor Office of the State Auditor State Capitol Bismarck, North Dakota 58505 Dear Mr. Bensen: Thank you for your letter of December 4, 1984, in which you inquire as to what steps must be taken by the North Dakota Board of Examiners in Watchmaking or the State Auditor's Office in order to officially end the duties and functions of the Board as outlined in N.D.C.C. Ch. 43-27. The North Dakota Board of Examiners in Watchmaking (hereinafter "Board") was created by the North Dakota Legislative Asse

N.D.A.G. Letter to Engelman (Jan. 7, 1985) January 7, 1985 Mr. Jerald L. Engelman Mayville City Attorney P. O. Box 547 Mayville, North Dakota 58257-0547 Dear Mr. Engelman: Thank you for your letter of December 18, 1984, requesting an opinion from this office as to whether an alderman sitting on the Mayville City Council is able to submit a subcontract bid on a water treatment plant proposed for construction within the city of Mayville. A member of my staff has spoken with you and has learned that Mayville has a population under 10,000, the water treatment plant does involve the construc

Date Issued: January 2, 1985 (AGO 85-1) Requested by: Representative Serenus Hoffner - QUESTION PRESENTED - Whether a newly elected governor may take office on the first day of January following his election. - ATTORNEY GENERAL'S OPINION - It is my opinion that a newly elected governor may take office on the first day of January following his election so long as he has taken, subscribed, and filed his oath of office. - ANALYSIS - Certain qualifying steps, whic