North Dakota Attorney General Opinions

LETTER OPINION 93-L-165 May 27, 1993 Mr. Robert Freed Assistant State's Attorney Stutsman County Courthouse 511 Second Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your May 6, 1993, letter asking whether the legal description of property to which the filing of a death certificate under North Dakota Century Code (N.D.C.C.) ? 47- 19-06 applies must be physically attached by way of a separate document or whether the legal description can simply be typed dir

LETTER OPINION 93-L-163 May 26, 1993 Peter H. Furuseth Williams County State's Attorney PO Box 2047 Williston, ND 58802-2047 RE: State's Attorney's Responsibilities Under House Bill 1238 Dear Mr. Furuseth: I have had an opportunity to review your May 6, 1993, letter to Deputy Attorney General Jim Vukelic in which you raise questions concerning the responsibility of a state's attorney in the issuance of a disorderly conduct restraining order authorized by section 2 of House B

17 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 93-F-05 Date issued: May 25, 1993 Requested by: Senator Dan Wogsland Senate Majority Leader - QUESTIONS PRESENTED - I. Whether the Governor had authority to line item veto that portion of Section 4 of House Bill 1002, an appropriation bill, which allows the Budget Section to authorize line item transfers. II. Whether the Governor had authority to line item veto that portion of Section 4 of House Bill 1002, an appropr

LETTER OPINION 93-L-161 May 20, 1993 Mr. Thomas W. Robb Sioux County State's Attorney PO Box L Fort Yates, ND 58538-0529 Dear Mr. Robb: Thank you for your April 29, 1993, letter inquiring whether a board of county commissioners has the authority to interview potential assistants, or prevent the rehiring of a particular assistant, for the county officers named in N.D.C.C. ? 11-10-11. North Dakota Century Code ? 11-10-11 provides: 11-10-11. Appointment and salary of deputie

LETTER OPINION 93-L-156 May 5, 1993 Mr. Jerry Renner Kidder County State's Attorney Steele, ND 58482 Dear Mr. Renner: Thank you for your March 18, 1993, letter requesting an opinion regarding a particular road in the county. Your questions involve the following factual situation: In 1962, an approximate 35 acre tract of land in rural Kidder County on the North side of Lake Isabel was surveyed and platted into lots for resale by its owners. This acreage is not withi

LETTER OPINION 93-L-154 April 29, 1993 Mr. Jerril Rustan, Chair North Dakota Agricultural Products Utilization Commission State Capitol, 6th Floor 600 E. Boulevard Ave. Bismarck, ND 58505-0020 Dear Mr. Rustan: Thank you for your April 23, 1993, letter in which you ask my opinion concerning whether the Agricultural Products Utilization Commission may legally accept federal funds. Your letter states that this opinion is required in order for your commission to receive a federal gr

LETTER OPINION 93-L-152 April 26, 1993 Representative Jim Boehm N.D. House of Representatives State Capitol 600 East Boulevard Bismarck, ND 58505-0360 Dear Representative Boehm: Thank you for your April 5, 1993, letter requesting information regarding possible personal liability for directors of rural electric cooperatives. N.D.C.C. ch. 10-13 addresses the purposes and powers of electric cooperative corporations. Section 10-13- 10 of that chapter specifically addresses when directors, trustee

LETTER OPINION 93-L-147 April 23, 1993 Dr. Wayne G. Sanstead State Superintendent Department of Public Instruction 600 East Boulevard Avenue Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your March 24, 1993, letter inquiring as to the constitutionality of N.D.C.C. ? 57-15-14. N.D.C.C. ? 57-15-14 sets forth the tax levy limitations for school districts. Under subsection 1 of section 57-15-14, school districts with more than 4,000 in population according to the last f

LETTER OPINION 93-L-144 April 23, 1993 Mr. Jerry Renner Kidder County State's Attorney PO Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your March 22, 1993, letter requesting my opinion on the residency of an individual. You explain that a resident of a township has sold all property in the township and has moved to a different county. You ask whether this individual may continue to vote or hold township office in the township in which he formerly own

LETTER OPINION 93-L-142 April 23, 1993 Representative Rick Berg Speaker of the House of Representatives State Capitol Bismarck, ND 58505-0360 Dear Representative Berg: Thank you for your April 2, 1993, letter requesting an opinion regarding whether prayer at graduation ceremonies is constitutional. The United States Supreme Court in Lee v. Weisman, 112 S.Ct. 2649 (1992) addressed the question of whether invocation and benediction prayers may be offered as part of the formal gradua

LETTER OPINION 93-L-139 April 22, 1993 Ms. Mary K. O'Donnell Rolette County State's Attorney Box 1079 Rolla, ND 58367 Dear Ms. O'Donnell: Thank you for your recent letter in which you asked whether the Rolette Board of County Commissioners may use surplus funds in the county farm-to-market budget to pave a one-mile section of a highway which is part of the county farm-to-market road system. You also asked whether the expenditure of the surplus funds, if otherwise proper, would need to be preceded by a public hearing under North Dakota Century Code § 57-15-06.3(2). The questions you raised w

LETTER OPINION 93-L-135 April 19, 1993 Ms. Robin Huseby Barnes County State's Attorney Barnes County Courthouse Valley City, ND 58072 Dear Ms. Huseby: Thank you for your letter asking whether the calculation of the interim fund under N.D.C.C. ? 57- 15-27 is based on each of several funds individually, or on all county funds combined (other than debt retirement and bond financing). Employing the principles of statutory construction that conflicting provisions in pari materia

LETTER OPINION 93-L-134 April 14, 1993 Mr. Henry C. "Bud" Wessman Executive Director Department of Human Services State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Wessman: Thank you for your March 26, 1993, letter requesting that I review the Mexican Family Law Summary prepared by the National Child Support Enforcement Association in connection with North Dakota's Revised Uniform Reciprocal Enforcement of Support Act. In my opinion, the Mexican Family Law Summ

LETTER OPINION 93-L-132 April 13, 1993 Senator Judy L. DeMers 18th District Senate Chambers State Capitol Bismarck, ND 58505 Dear Senator DeMers: North Dakota Century Code (N.D.C.C.) ? 44-04-09 has consistently been given a narrow interpretation by this office. In 1956, Attorney General Leslie Burgum issued an opinion stating that this section concerning nepotism did not apply to heads of subordinate departments of the public welfare board. 1954-1956 N.D. Op. Att'y Gen. 90. A 1959 opinion issued by this office went into greater detail in construing the scope of the statute and looking a

LETTER OPINION 93-L-129 April 12, 1993 Mr. Walter M. Lipp Sheridan County State's Attorney PO Box 456 McClusky, ND 58463 Dear Mr. Lipp: Thank you for your March 8, 1993, letter asking whether Sheridan County has the power to guarantee a loan made by the local rural electric cooperative (REC) to the Sheridan County Development Corporation, a non-profit development corporation ("Development Corporation"). You state in your letter that the Development Corporation, with the assistan

LETTER OPINION 93-L-127 April 8, 1993 Hon. Alvin A. Jaeger Secretary of State State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Secretary Jaeger: Thank you for your April 2, 1993, letter regarding whether a member of the sponsoring committee of a referral measure may notarize the signature of a circulator of a petition. Previously, this office concluded that a member of the sponsoring committee for an initiated measure could not notarize the signature form of

LETTER OPINION 93-L-126 April 6, 1993 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344-0428 Dear Mr. Manbeck: Thank you for your March 19, 1993, letter requesting a clarification of my March 11, 1993, Attorney General's opinion. Specifically, you ask for clarification of the sentence: "It is therefore my opinion that no vote is required to approve the revised proposal devised under N.D.C.C. ? 15-27.6-10(3), unless the proposed tax levy re

LETTER OPINION 93-L-123 April 5, 1993 Mr. Lyle V. Gallagher Governor's Emergency Services Communication System Advisory Committee State Radio Communications PO Box 5511 Bismarck, ND 58502-5511 Dear Mr. Gallagher: Thank you for your February 5, 1993, letter regarding the force and effect of standards and guidelines developed by the Governor's Emergency Services Communication System Advisory Committee for 911. The Governor's Emergency Services Communication System Advisory Committee for 911 w

LETTER OPINION 93-L-122 April 2, 1993 Ms. Diane Alm Executive Director Workers Compensation Bureau 4007 N. State Street Bismarck, ND 58501-0600 Dear Ms. Alm: Thank you for your March 11, 1993, letter requesting my opinion as to the applicable time for rebidding administrative services contracts entered pursuant to N.D.C.C. ? 65-02-19 and third party managed care contracts entered pursuant to N.D.C.C. ? 65-02-21. Both N.D.C.C. section 65-02-19 and section 65-02-21 provide that cont

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