North Dakota Attorney General Opinions

N.D.A.G. Letter to Elkin (Feb. 4, 1988) February 4, 1988 Ms. Janet A. Elkin Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Elkin: Thank you for your letter of January 19, 1988, in which you request my opinion as to the legality of the proposed service contract enclosed with your letter by which the Public Service Commission (PSC) and other states' regulatory agencies retain the services of a private lawyer in Washington, D.C., to represent their interests in a gas price intervention action. Specifically, you inquire as to the legality of PSC's payment obl

N.D.A.G. Letter to Burke (Feb. 4, 1988) February 4, 1988 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Bismarck. ND 58501 Dear Ms. Burke: Thank you for your letter of January 15, 1988, concerning the responsibilities and duties of a state's attorney in involuntary commitment hearings brought pursuant to N.D.C.C. § 25-03.1-19. I have had an opportunity to examine the provisions of N.D.C.C. ch. 25-03.1. It appears that N.D.C.C. § 25-03.1-14 is the relevant section pertaining to the responsibility and duty of a state's attorney. That section provides: 25-03.1-14.

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-2 Date issued: February 4, 1988 Requested by: James W. Wold, Griggs County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 43-17-41 requires a physician or other medical or mental health professional to report injuries or other physical trauma suffered by an intoxicated driver as a result of a motor vehicle accident. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 43-17-41 does require a

N.D.A.G. Letter to Schulz (Feb. 2, 1988) February 2, 1988 Ms. Wendy P. Schulz Stutsman County State's Attorney 511 2nd Avenue SE Jamestown ND 58401 Dear Ms. Schulz: Thank you for your letter of November 16, 1987, in which you request my opinion on several questions regarding the fiscal administration of the Stutsman County library fund. I apologize for the delay in responding to you. I will answer your questions in the order presented. Your first inquiry concerns whether the county treasurer may issue checks from the library fund pursuant to N.D.C.C. § 40-38-02(2) without the invoice

N.D.A.G. Letter to Sillers (Jan. 2 6, 1988) January 26, 1988 Mr. Cameron D. Sillers Cavalier County State's Attorney 901 3rd Street Langdon, ND 58249 Dear Mr. Sillers: Thank you for your December 18, 1987, letter wherein you inquire about the notice of expiration of the period of redemption provisions for real estate sold for taxes. In your letter, you inquire whether the county may give a valid deed to a good faith purchaser who purchased the property at the tax sale where the receipt card attached to the notice of expiration of the redemption period was never returned to the county

N.D.A.G. Letter toPerson (Jan. 21, 1988) January 21, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of January 5, 1988, inquiring as to the applicability of the open meetings law to the North Dakota Public Employees Retirement System Board where that Board considers records of an employee which are statutorily declared to be confidential. This office has had the prior occasion to respond to this issue. I am enclosing a copy of a letter written to the P

N.D.A.G. Letter to McLean (Jan. 21, 1988) January 21, 1988 Mr. Stephen M. McLean Oakes City Attorney P.O. Box 20 Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of January 6, 1988, wherein you ask whether the Oakes Industrial Development Corporation may use the Oakes City Job Development Authority's four mill levy for the purpose of paying delinquent and future real estate taxes and special assessments levied on real estate owned by the Oakes Industrial Development Corporation. N.D.C.C. ch. 40-57.4 authorizes a city to create a job development authority f

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-1 Date issued: January 18, 1988 Requested by: Nicholas B. Hall Walsh County State's Attorney - QUESTION PRESENTED - Whether an embossed notary seal is required on any document filed with a register of deeds. - ATTORNEY GENERAL'S OPINION - It is my opinion that an embossed notary seal is required on any document filed with a register of deeds unless the notary seal is applied to the document by a notary public

N.D.A.G. Letter to Schaible (Jan. 14, 1988) January 14, 1988 Mr. Robert R. Schaible Deputy Secretary of State Department of State State Capitol Bismarck, ND 58505 Dear Mr. Schaible: Thank you for your letter of November 19, 1987, concerning the issuance of a contractor's license to a partnership. You inquire whether a new license is required should the identity of the partners involved in the partnership change. I apologize for the delay in responding to you. I have learned additional facts concerning your inquiry. There are partnerships to whom a contractor's license has been issued

N.D.A.G. Letter to Solberg (Jan. 12, 1988) January 12, 1988 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your letter of September 16, 1987, requesting any suggestions or proposals I may have as to the definition of "prepared meal" for the purposes of the provision of N.D.C.C. § 5-02-05.2 allowing the Sunday sale of beer and wine. I apologize for the lengthy delay in responding to your letter, but the issue you have raised is a difficult one. As I pointed out to Senator Holmberg in my August 21, 1987 letter, the Legislature

N.D.A.G. Letter to Omdahl (Jan. 12, 1988) January 12, 1988 Honorable Lloyd Omdahl Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your letter of October 15, 1987, inquiring whether the Yellowstone-Missouri-Fort Union Commission may expend $9,500 of "operating expenses" appropriated by chapter 54 of the 1987 Session Laws for acquisition of real estate with historic significance in the confluence area. You have also asked whether the $9,500 may be expended for repair and preservation of these structure

N.D.A.G. Letter toPerson (Jan. 11, 1988) January 11, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P. O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of November 30, 1987, in which you request my opinion on two issues. First, you ask whether the North Dakota Public Employees Retirement System's (NDPERS) retirement fund assets have any legal exposure resulting from the financial difficulties experienced by the group health plan for state employees. Second, you ask whether Blue Cross Blue Shield of North Dakota (BCBS) i

N.D.A.G. Letter to Oban (Jan. 8, 1988) January 8, 1988 The Honorable Bill Oban Representative, District 32 616 East Meadow Lane Bismarck, ND 58501 Dear Representative Oban: Thank you for your letter of October 23, 1987. I apologize for the delay in responding to you. Your letter asks for an Attorney General's opinion on two questions which have arisen in the Bismarck Public School District as the result of a petition filed to submit to the qualified electors of the district the question of discontinuing the building fund levy. Your letter indicates that the Bismarck Public School Distr

N.D.A.G. Letter to Neugebauer (Jan. 7, 1988) January 7, 1988 Mr. Brian D. Neugebauer West Fargo City Attorney Ohnstad Twichell West Fargo State Bank Building 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your letter of October 23, 1987, requesting an interpretation of N.D.C.C. § 40-53.2-02. This statute provides a procedure whereby the question of consolidation of cities may be placed before the voters. I apologize for the delay in responding to you. According to N.D.C.C. § 40-53.2-02, the issue of whether a municipal consolidation re

N.D.A.G. Letter to Syverson (Jan. 5, 1988) January 5, l988 Mr. Gayle Syverson Deputy Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your September 14, 1987, letter concerning the potential personal liability of the members of political subdivision governing boards. I apologize for the delay in responding to your letter. In your letter you ask three general questions: first, whether the members of city governing boards continue to have potential joint and several liability under N.D.C.C. § 40-40-15 in ligh

N.D.A.G. Letter to Tollefson (Jan. 4, 1988) January 4, 1988 Mr. Douglas Tollefson, Director Pesticide/Noxious Weed Division North Dakota Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Tollefson: Thank you for your letter of October 21, 1987, concerning North Dakota noxious weed law, specifically N.D.C.C. § 63-01 1-06 (Funding of Programs). I apologize for the delay in responding. N.D.C.C. § 63-01.1-06 states, in part, as follows: 63-01.1-06. FUNDING OF PROGRAMS. 1. . . . The county weed board may certify annually to the board of county commissioners a tax, no

N.D.A.G. Letter to Riha (Dec. 31, 1987) December 31, 1987 Mr. Richard J. Riha Burleigh County Assistant State's Attorney 511 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of November 2, 1987. By that letter, you ask that I reevaluate the position which I took in Attorney General's Opinion 87-4, dated February 23, 1987, and issued in response to an inquiry by Stark County State's Attorney Owen K. Mehrer. Specifically, you ask that I review Section I of the opinion in light of the North Dakota Supreme Court's decision in State v. Patten , 353 N.W.2d 30

N.D.A.G. Letter to Galloway (Dec. 31, 1987) December 31, 1987 Mr. Gerald Galloway Beach City Attorney P.O. Box 370 Dickinson, ND 58601 Dear Mr. Galloway: Thank you for your letter of December 16, 1987, concerning the transfer of municipal ordinance cases to county court and a municipal judge's salary. As you point out in your letter, N.D.C.C. § 40-18-06.2 allows the transfer of municipal ordinances cases to county court if a governing body of a city so desires. However, N.D.C.C. § 40-18-06 specifically states that a municipal judge's salary may not be reduced during his term of office.

Office of the Attorney General State of North Dakota Opinion No. 87-25 Date Issued: December 28, 1987 Requested by: Laurie A. Cook Pembina County State's Attorney --QUESTION PRESENTED-- Whether a violation of N.D.C.C. ch. 39-21 of which the penalty provisions of N.D.C.C. § 39-21-46(1) may be imposed is an infraction or a noncriminal violation subject to the procedures of N.D.C.C. § 39-06.1-02. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a violation of N.D.C.C. ch. 39-21 of which the penalty provision of N.D.C.C. § 39-21-46(

N.D.A.G. Letter to Bye (Dec. 24, 1987) December 24, 1987 Mr. Kermit E. Bye Attorney at Law P.O. Box 1389 Fargo, ND 58107 Dear Mr. Bye: Thank you for your letter of October 30, 1987, in which you request my opinion regarding whether the board of directors and officers of the Myron G. Nelson Fund, Inc. (MGN), may avail themselves of the provisions of the North Dakota Century Code that afford protection to state employees from civil litigation claims. In response to your question, I will discuss the applicability of N.D.C.C. § 26.1-21-10.1 (providing that the Attorney General shall defend

N.D.A.G. Letter to Rayl (Dec. 23, 1987) December 23, 1987 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your letter of December 14, 1987, in which you request my opinion on several issues regarding the prepayment of premiums for the North Dakota Public Employees Retirement System's health insurance plan. I will answer your questions in the order presented. Your first question is whether health insurance premiums can be paid in advance and if so, at whose discretion and under what conditions these prepayment

Office of the Attorney General State of North Dakota Opinion No. 87-24 Date Issued: December 18, 1987 Requested by: Terry Elhard McIntosh County State's Attorney --QUESTIONS PRESENTED-- I. Whether a county may use its insurance reserve fund to purchase liability insurance for the operation of a county fair association. II. Whether a county may purchase property insurance from the Fire and Tornado Fund for county fairground buildings which are not owned by the county. --ATTORNEY GENERAL'S OPINIONS-- I. It is my opinion that

N.D.A.G. Letter to Wentz (Dec. 16, 1987) December 16, 1987 Dr. Robert M. Wentz State Health Officer Department of Health and Consolidated Laboratories State Capitol Bismarck, ND 58505 Dear Dr. Wentz: Thank you for your letter of October 6, 1987, regarding the required license fee for certain health care facilities. I apologize for the delay in responding to you. Your letter refers to two separate licensing issues. These issues are: (1) Who, or what type of entity, must obtain a license prior to operating a health care facility, and (2) Who, or what type of entity, must submit a

N.D.A.G. Letter to Dill (Dec. 14, 1987) December 14, 1987 Mr. Glenn Dill City Attorney P.O. Box 876 Kenmare, ND 58746 Dear Mr. Dill: Thank you for your letter of December 7, 1987, inquiring as to any residency requirements which may be applicable to persons appointed to a city planning commission by the mayor. As you point out in your letter, N.D.D.C. § 40-48-03 provides that the executive officer of a city, with the approval of its governing body, may appoint no more than ten members to a city planning commission. There is no mention in this statute as to any residency requirements fo

N.D.A.G. Letter to Wold (Dec. 9, 1987) December 9, 1987 Mr. James W. Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of November 25, 1987, requesting clarification as to a 1987 amendment to N.D.C.C. § 11-10-02 which allows certain counties to separate the offices of register of deeds and clerk of district court. Prior to 1987, the register of deeds was the ex officio clerk of the district court in counties having a population of 6,000 or less. The 1987 Legislative Assembly amended this law allowing -the c

N.D.A.G. Letter to Snyder (Dec. 9, 1987) December 9, 1987 Mr. David A. Snyder, M.A. Director, North Central Human Service Center 400 22nd Avenue N.W. Minot, ND 58701 Dear Mr. Snyder: Thank you for your letter of November 12, 1987. By that letter, you described your efforts to establish a group home for mentally ill persons in a part of Minot zoned for single-family, residential use. You indicated that your request for a special use permit to allow eight adults to live in this residence had been denied by the city council. You then asked whether or no

N.D.A.G. Letter to Tallackson (Dec. 3, 1987) December 3, 1987 Senator Harvey D. Tallackson District 16 P.O. Box 288 53 West Fifth Grafton, ND 58237 Dear Senator Tallackson: Thank you for your letter of June 12, 1987, concerning the warehouseman license requirements for Alchem, Ltd. I apologize for the delay in responding. You indicate in your letter that Alchem, Ltd., is the processor of corn, wheat, barley and potatoes. Alchem, Ltd., processes these products into ethanol and animal feed. You request my opinion on whether Alchem, Ltd., and others similarly situated are required by law

Office of the Attorney General State of North Dakota Opinion No. 87-23 Dated Issued: December 1, 1987 Requested by: Robert E. Manly Eddy County State's Attorney --QUESTION PRESENTED-- Whether a juvenile court or a municipal court has jurisdiction to hear a municipal ordinance open container violation when such violation is alleged to have been committed by a "child" as defined in N.D.C.C. § 27-20-02(1). --ATTORNEY GENERAL'S OPINION-- It is my opinion that a juvenile court has exclusive and original jurisdicti

N.D.A.G. Letter to Leingang (Nov. 30, 1987) November 30, 1987 Mr. Robert J. Leingang Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58501 Dear Mr. Leingang: Thank you for your letter of September 29, 1987, regarding restroom requirements in convenience stores. N.D.C.C. § 23-09-01(6) and 23-09-09(2) directly apply to your request. They state: 23-09-01. Definitions. In this chapter, unless the context or subject matter otherwise requires: . . . . 6. "Restaurant" includes every building or other structure, or any part thereof, and all bu

Office of the Attorney General State of North Dakota Opinion No. 87-22 Date Issued: November 23, 1987 Issued to: Richard Wilkes Burke County Assistant State's Attorney --QUESTION PRESENTED-- Whether N.D.C.C. § 47-19-14.1(1) allows a notary public from another jurisdiction to perform notarial acts in North Dakota. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. § 47-19-14.1(1) allows, under certain circumstances, a notary public from another jurisdiction to perform notarial acts in North Dakota. --ANALYSIS-- Prior to its

N.D.A.G. Letter to Schmiess (Nov. 20, 1987) November 20, 1987 Al Schmiess, D.D.S. Administrative Assistant State Board of Dental Examiners P. O. Box 1175 Jamestown, North Dakota 58402-1175 Dear Dr. Schmiess: Thank you for your letter of October 26, 1987, regarding your correspondence with U.S. West Direct in connection with an advertisement placed in the Grand Forks-East Grand Forks Regional telephone directory for the Minuk Denture Clinic located in Winnipeg, Manitoba, Canada. It is my understanding that you wrote U.S. West Direct stating the opinion of the North Dakota State Board of

N.D.A.G. Letter to Meier (Nov. 20, 1987) November 20, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 30, 1987, requesting clarification of a 1987 legislative amendment to N.D.C.C. § 16.1-01-12(11). The statute involved concerns election offenses. Specifically, the 1987 Legislative Assembly added to the list of election offenses the offense of paying or offering to pay any person, or receiving payment or agreeing to receive payment, for the circulation of an initiative, referendum,

N.D.A.G. Letter to DuBois (Nov. 20, 1987) November 20, 1987 Mr. Lawrence DuBois Walhalla City Attorney P. O. Box 633 Cavalier, ND 58220 Dear Mr. DuBois: Thank you for your letter of October 27, 1987, inquiring as to the applicability of North Dakota's open records law to the city of Walhalla, Office of Economic Development. A staff attorney has spoken to you concerning your request and has gathered further information so as to assist me in responding to your question. The information I have learned reveals that the office of economic development for the City of Walhalla was created by

N.D.A.G. Letter to Meier (Nov. 19, 1987) November 19, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 12, 1987. Your letter inquires whether you may issue a certificate of incorporation to an airport authority when the entity involved has not yet determined a name. N.D.C.C. § 2-06-04(1) indicates that the Secretary of State shall issue a certificate of incorporation to a regional airport authority upon receipt of a certified copy of a resolution adopted pursuant to N.D.C.C. § 206-03(1). This lat

N.D.A.G. Letter to Kirschenheiter (Nov. 19, 1987) November 19, 1987 Mr. Frank Kirschenheiter Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Kirschenheiter: Thank you for your letter of October 23, 1987, concerning Credit Review Board policy on payment of interest subsidies. N.D.C.C. § 6-09.10-05 states as follows: 6-09.10-05. Interest rate buydowns by board. 1. If the board, or its authorized agent, is unable to mediate a settlement in the negotiation of a farmer's debt, the board may approve the purchase, refinancing, or redemption of the f

N.D.A.G. Letter to Mack (Nov. 18, 1987) November 18, 1987 Mr. Galen Mack Assistant Pierce County State's Attorney P.O. Box 196 Rugby, ND 58368 Dear Mr. Mack: Thank you for your letter of August 17, 1987. You ask me to comment upon the opinion you gave in a letter to the Pierce County Register of Deeds. That letter discusses whether a document entitled "Deed of Trust and Assignment of Rents" and signed by Howard Slaubaugh may be recorded without containing a statement of consideration. I apologize for the delay in responding to you. The title of a document alone should not dictate whic

N.D.A.G. Letter to Meier (Nov. 17, 1987) November 17, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of October 26, 1987, inquiring as to whether it is possible for a Minnesota nonprofit corporation and a North Dakota nonprofit corporation to merge. North Dakota law addresses the issue of nonprofit corporation mergers in N.D.C.C. ch. 10-25. In providing the procedure for the merger of these corporations, the statutes refer specifically to "two or more domestic corporations." There is no men

N.D.A.G. Letter to Dosch (Nov. 17, 1987) November 17, 1987 Mr. Ronald M. Dosch Devils Lake City Attorney 423 Sixth Street P. O. Box 1048 Devils Lake, ND 58301 Dear Mr. Dosch: Thank you for your letter of September 15, 1987, concerning the Devils Lake Steam Heat Plant. You inquire whether the Devils Lake City Commission may voluntarily dissolve the Devils Lake Steam Generation Corporation and the Devils Lake Steam Heat Authority. You further inquire as to whether the city of Devils Lake may incur any potential liabilities for the steam heat plant should both of these entities be dissolv

N.D.A.G. Letter to Bohn (Nov. 17, 1987) November 17, 1987 Mr. William G. Bohn Court Administrator North Dakota Supreme Court State Capitol Bismarck, North Dakota 58505 Dear Mr. Bohn: Since the passage of the new criminal history records law in the 1987 Legislative Session, there has been some confusion as to its application, particularly with regard to the judiciary. I would like to clarify the position this office has taken relative to the relationship between N.D.C.C. ch. 12-60 and the courts. N.D.C.C. ch. 12-60 represents an exception to the North Dakota open records statute that a

N.D.A.G. Letter to Person (Nov. 10, 1987) November 10, 1987 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of October 12, 1987, in which you request my opinion as to whether or not the North Dakota Public Employees Retirement System (NDPERS) Board may impose deductions on salaries of state employees who are participants in the state of North Dakota's Uniform Group Health Insurance Program. Initially, it must be noted that state law prohibits payroll deduct

N.D.A.G. Letter to Bye (Nov. 10, 1987) November 10, 1987 Mr. Kermit Bye Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd. Law Offices First Avenue North at Fifth Street P.O. Box 1389 Fargo, ND 58107 Dear Mr. Bye: Thank you for your letter of October 30, 1987, in which you request my opinion regarding the action taken by the board of directors of the Myron G. Nelson Fund, Inc., with respect to the bond guarantee renewal request of Primewood, Inc. As stated in your letter, the bond guarantee was initially made by the North Dakota Economic Development Commission on June 30, 1987. This

N.D.A.G. Letter to Burke (Nov. 9, 1987) November 9, 1987 Ms. Patricia L. Burke Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter dated November 2, 1987, in which you have inquired concerning the payment of trial costs in a case transferred from municipal court to county court under N.D.C.C. § 40-18-15.1. You will find enclosed with this letter North Dakota Attorney General's opinion 87-11 which discusses several of the issues raised in your inquiry. It was my opinion that the automatic transf

N.D.A.G. Letter to Wold (Nov. 4, 1987) November 4 1987 Mr. James Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of October 21, 1987, wherein you inquire whether a mineral deed transferring previously severed minerals may be recorded even if the real estate taxes against the surface are delinquent. N.D.C.C. § 11-18-02 provides as follows: 11-18-02. Register of deeds not to record certain instruments unless they bear auditor's certificate of transfer. Except as otherwise provided in section 11-18-03, the reg

N.D.A.G. Letter to Swanson (Nov. 3, 1987) November 3, 1987 Mr. Howard D. Swanson Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter dated October 28, 1987, in which you inquire as to the application of N.D. Admin. Code § 10-03-03-14(5). You have indicated in your letter that patrol officers, by police department directive, do not have access to police department records. As a result, you ask whether a patrol officer would be permitted to accept a position as a security guard for a shopping mall. N.D. Admin. Code § 10-03-03-14(5) pr

N.D.A.G. Letter to Rayl (Nov. 3, 1987) November 3, 1987 Mr. Richard L. Rayl Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your letter of October 21, 1987, in which you inquire as to whether a juvenile court can commit an adjudicated juvenile delinquent to the Director of Institutions North Dakota state law grants broad powers to the Director of Institutions to provide custody, care, and protection of juveniles determined to be delinquent. N.D.C.C. § 54-21-13 provides, in part: 54-21-13. Child Welfare -- Mentally deficient persons -- Powers and

N.D.A.G. Letter to Meier (Nov. 3, 1987) November 3, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 27, 1987. Mr. Ernest Lang has again requested that you remove the UCC-1 financing statement that provides notice of a security interest in favor of the Bank of Steele covering certain personal property of Mr. Lang. As you will recall, I have written two prior letters on this subject recommending that you do not remove the UCC-1 statement. Mr. Lang's letter of October 21, 1987, argues that N.D.C.C. § 4

N.D.A.G. Letter to Gibbens (Nov. 3, 1987) November 3, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter dated October 29, 1987, in which you inquire as to whether or not N.D.C.C. § 40-18-15.1 permits a county to receive 35% of fees or fines assessed after hearing in the county court of a municipal court case. You indicate that the case of which you are concerned arose prior to July 8, 1987, the effective date of the provisions of N.D.C.C. § 40-18-15.1, but was tried to a jury after that date. I have e