North Dakota Attorney General Opinions

Date Issued: March 4, 1981 (AGO 81-19) Requested by: Lieutenant Governor Ernest M. Sands - QUESTION PRESENTED - Whether a law which provides an appropriation for merit scholarship awards to eligible persons, and which offers these financial awards to such persons solely on the basis of academic achievement and without regard to financial need, is constitutional. - ATTORNEY GENERAL'S OPINION - It is my opinion that a law which provides for an appropriation for merit scholarship awards to eligible students based on that individual's test results from an academic achievement test, and without

Date Issued: March 4, 1981 (AGO 81-18) Requested by: Representative Richard J. Backes - QUESTIONS PRESENTED - I. Whether under a family farm incorporation law with an emergency clause farmers and ranchers will be allowed to incorporate between the time referral petitions are filed with the Secretary of State and the time set for the election on the referral petitions. II. Whether farmers and ranchers who have incorporated under a family farm incorporation law with an emergency clause will be allowed to continue farming and ranching as a corporation if the family farm incorporation law is

Date Issued: February 26, 1981 (AGO 81-17) Requested by: State Board of Examiners of Audiology and Speech Pathology - QUESTIONS PRESENTED - I. Whether persons who are not licensed can legally conduct hearing screening tests in public schools without supervision by a licensed audiologist. II. Whether a speech/language pathologist can provide services in a federally funded "Head Start" education program without possessing a speech pathology license from the State Board of Examiners of Audiology and Speech Pathology. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that unlicensed persons

Date Issued: February 20, 1981 (AGO 81-16) Requested by: T.N. Tangedahl, Executive Director, Social Service Board of North Dakota - QUESTION PRESENTED - Whether a legislative appropriation of federal vocational rehabilitation grant funds constitutes one of the federally recognized exceptions to the federal rule that these grant funds must be spent within one year of the federal fiscal year in which they were obligated. - ATTORNEY GENERAL'S OPINION - It is my opinion that a legislative appropriation of federal grant funds constitutes one of the federally recognized excep

Date Issued: February 20, 1981 (AGO 81-15) Requested by: James E. Sperry, Superintendent, of the North Dakota State Historical Society - QUESTION PRESENTED - Whether it is permissible for the State Historical Society, as trustee of the Antoine (Tony) de Vallombrosa Trust, to deposit accrued interest from said Trust in a passbook savings account until appropriate expenditures, as outlined in the terms of the Trust, are made. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State Historical Society, as trustee of the Antoine (Tony) de Vallombrosa Trust, may deposit accrued interest

Date Issued: February 17, 1981 (AGO 81-14) Requested by: Representative Verdine D. Rice - QUESTION PRESENTED - Whether existing provisions of law provide the same exemption from property taxation as would be provided by House Bill No. 1349 now being considered by the Forty-seventh Legislative Assembly of North Dakota. - ATTORNEY GENERAL'S OPINION - It is my opinion that if House Bill No. 1349 is enacted by the Legislature and becomes law it will exempt some property from taxation that is not now exempt under existing provisions of law. - ANALYSIS - House Bill 1349 would add a new subsect

Date Issued: February 12, 1981 (AGO 81-13) Requested by: Charles D. Orvik, Pierce County State's Attorney - QUESTIONS PRESENTED - I. Whether land purchased by a church on which no church structure exists and on which no religious services have been held is eligible for a real estate tax exemption for any part of the year of purchase or any year subsequent thereto in which the conditions remain the same. II. Whether a church structure and related improvements constructed on two or less acres of ground entitle the larger remainder of the eight-acre tract owned by the church to be eligible fo

Date Issued: February 9, 1981 (AGO 81-12) Requested by: Ben Meier, Secretary of State - QUESTION PRESENTED - Whether a corporation is bound by the number of directors stated in the original articles of incorporation when no provision is set forth in the articles of incorporation for the regulation of the internal affairs of the corporation. - ATTORNEY GENERAL'S OPINION - It is my opinion that a corporation is not bound by the number of directors stated in the original articles of incorporation unless the corporation has failed to adopt a bylaw that fixes the number of directors and which i

Date Issued: February 9, 1981 (AGO 81-11) Requested by: Zane Anderson, State's Attorney for Bowman County - QUESTION PRESENTED - Whether a board of county commissioners has the authority to allocate a portion of the "in lieu of tax" payments it receives from the Bureau of Land Management to the various school districts in which land for which the payments are made is located. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county commission does not have the authority or power under the statutes of North Dakota to allocate and expend a portion of the funds it receives as "in lieu of

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-10 Date Issued: February 6, 1981 (AGO 81-10) Requested by: Senator Wayne K. Stenehjem - QUESTION PRESENTED - Whether meetings of an advisory arbitration panel selected by a school board and a teachers' organization pursuant to their agreement to assist in teacher's contract negotiations are governed by the state's open meeting laws. - ATTORNEY GENERAL'S OPINION - It is my opinion that Article 92 of the North Dakota Constitution and sections 44-04-19 and 44-04-20 of the North Dakota Century Code apply to meetings of an

Date Issued: February 5, 1981 (AGO 81-9) Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a county must assume responsibility for the maintenance of any part of a former highway abandoned by the State Highway Department, a part of which lies within the jurisdiction of a city. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county is not required to assume responsibility for the maintenance of a highway or any part thereof abandoned by the State Highway Department. - ANALYSIS - The Legislature has granted the Commissioner of the State Highway

Date Issued: February 5, 1981 (AGO 81-8) Requested by: Lloyd F. Zander, Commissioner of Veterans Affairs - QUESTION PRESENTED - Whether the North Dakota Commissioner of Veterans Affairs has authority to authorize the release of information and records on file with the Department of Veterans Affairs pertaining to a particular veteran. - ATTORNEY GENERAL'S OPINION - It is my opinion that all records maintained by the Department of Veterans Affairs are subject to the open records law of section 44-04-18, N.D.C.C., except for that information and those records identified as

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-7 Date Issued: February 4, 1981 Requested by: Grant County Board of Commissioners - QUESTION PRESENTED - Whether a board of county commissioners has the authority to appoint an attorney outside of the county to serve as state's attorney following the resignation of the incumbent state's attorney. ATTORNEY GENERAL'S OPINION - It is my opinion that a board of county commissioners cannot appoint an attorney who is not a qualified elector of that county to act as that county's state's attorney. However, the state's attorney of an adjoining co

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-6 Date Issued: February 3, 1981 Requested by: Industrial Commission - QUESTION PRESENTED - Whether the Bank of North Dakota can transfer its future undivided profits from time to time to the community water facility loan fund established under section 6-09.5-03 of the North Dakota Century Code to a maximum amount of ten million dollars without a specific authorization from the Legislature beyond the initial five million dollars appropriated. - ATTORNEY GENERAL'S OPINION - It is my opinion that it was the specific intent of the Legislature t

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-5 Date Issued: February 3, 1981 Requested by: F. C. Rohrich, City Attorney for the City of Linton - QUESTION PRESENTED - Whether an employment application submitted by an individual for the position of city police officer is subject to the requirements of section 44-04-18 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that the application in question is subject to the open records requirement of North Dakota law. - ANALYSIS - In an opinion of this office dated January 26, 1979, addressed to Bismarck City

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-4 Date Issued: February 3, 1981 Requested by: Howard Snortland, Former Superintendent of Public Instruction (delivered to Dr. Joseph Crawford, Superintendent of Public Instruction) - QUESTION PRESENTED - Whether the State Board of Public School Education (the Board) has the authority to make an exception to its policy of first come, first served and relend money from the State School Construction Fund (the Fund) which has been prepaid to it by a school district on its loan without holding the money prepaid to the

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-3 Date Issued: February 3, 1981 Requested by: Representative Gayle Reiten --QUESTION PRESENTED-- Whether a law authorizing a school district to establish a period of silence not to exceed one minute for meditation or prayer at the commencement of the first class of each school day is constitutional. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a law which provides that a teacher may announce a period of silence not to exceed one minute for meditation or prayer at the commencement of the first class of each school day in all grade

STATE OF NORTH Dakota ATTORNEY GENERAL’S OPINION 81-2 Date Issued: January 30, 1981 Requested by: T. N. Tangedahl, Executive Director, Social Service Board of North Dakota - QUESTION PRESENTED - Whether it is permissible for a county social service board to establish a checking account for the deposit and dispersal of moneys in its custody. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 11-14-06 of the North Dakota Century Code prohibits a county social service board from establishing a checking account for the deposit and dispersal of moneys in its custody. - ANALYSIS - Sect

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 81-1 Date Issued: January 20, 1981 Requested by: William F. Lindell, City Attorney for the City of Washburn - QUESTION PRESENTED - Whether the change by a city commission in the zoning of a parcel of land is an action that can be referred to the voters. - ATTORNEY GENERAL'S OPINION - It is my opinion that an action by a city commission or a city council in changing the zoning of a parcel of land cannot be referred to the voters under chapter 40-12 of the North Dakota Century Code. - ANALYSIS - Section 40-12-08 of the North Dakota Century Cod

LETTER OPINION 80-93 December 24, 1980 (OPINION) Mr. Dean L. Conrad, Director Department of Accounts and Purchases State Capitol Bismarck, North Dakota 58505 Dear Mr. Conrad: This is to acknowledge receipt of your letter of December 15, 1980, in which you set forth the following: I request clarification on the exact time and date constitutional officers officially assume office. Our question revolves around the warrants this office must draw for signature by the State Audito

LETTER OPINOIN 80-8 December 22, 1980 (OPINION) Mr. Larry L. Kruckenberg Commissioner North Dakota Game and Fish Department 2121 Lovett Avenue Bismarck, ND 58505 Dear Mr. Kruckenberg: This is in response to your letter of December 1, 1980, wherein you state, in part, the following: It has been the practice of this department to issue state credentials to Fish and Wildlife Service agents to provide them the enforcement authority vested in the office of Game and Fish Commissioner for

OVERRULED BY 1989 LEGISLATION December 9, 1980 Mr. A. S. Benson Bottineau County State’s Attorney Benson Building 616 Main Street Bottineau, ND 58318 Dear Mr. Benson: This is in response to your letter of November 26, 1980, wherein you request an opinion of this office relative to qualifications of a newspaper to do legal printing. You submit the following in your letter of inquiry: Bottineau County has a number of newspapers, being published in this County. These papers are: Westhope Standard, published in Westhope, North Dakota; The Bottineau Courant, and the Hills and Plains Fr

LETTER OPINION 80-130 December 2, 1980 (OPINION) Mr. Tom Tuntland Morton County State's Attorney Box 190 Mandan, ND 58554 Dear Mr. Tuntland: This is in reply to the request for an opinion you made in your letter of November 5, 1980, regarding the property tax status of certain property in the City of Mandan. Rather than paraphrase your letter, we quote from it as follows: Housing Industry Training, Inc. (HIT) is an existing corporation organized under the provisions of the North Dakota Nonprofit

LETTER OPINION 80-66 November 26, 1980 (OPINION) Honorable Robert W. Martinson State Representative Box 2296 Bismarck, North Dakota 58502 Dear Representative Martinson: This is in response to your letter of November 13, 1980, with regard to the ruling of District Judge Dennis A. Schneider of the South Central Judicial District of date 5 June 1980, with regard to the investment of public funds in this state in savings and loan associations. You indicate some possible conflict

LETTER OPINION 80-112 November 24, 1980 (OPINION) Mr. Darrell R. Ohlhauser, CPA Executive Budget Analyst Office of the Budget State Capitol Bismarck, North Dakota 58505 Dear Mr. Ohlhauser: This is in response to your request for an opinion concerning Section 14 of Chapter 243 of the 1979 Session Laws. In your inquiry, you state the following: Section 14 of Chapter 243 appropriates, from the state tuition fund, "the sum of $16,500,000.00 or so much thereof as is or may become avail

Overruled in part by N.D.A.G. 91-13 LETTER OPINION 80-67 November 21, 1980 (OPINION) Honorable Byron L. Dorgan State Tax Commissioner State Capitol Bismarck, North Dakota 58505 Dear Commissioner Dorgan: This is in reply to your letter of August 7, 1980, requesting an opinion in answer to the question of whether the motor vehicle excise tax, chapter 57-40.3, N.D.C.C., applies to an Indian tribe or its resident-enrolled members upon the purchase of, or application for title to, motor vehicles u

LETTER OPINION 80-35 November 5, 1980 (OPINION) Mr. Robert A. Keogh Slope County State's Attorney Amidon, North Dakota 58620 Dear Mr. Keogh: This is in response to your letter of October 9, 1980, concerning the duties of the Slope county sheriff and possible contractual arrangements which may be entered into between the county and incorporated cities for the purpose of providing police protection. Your letter sets forth the following questions: 1. What duties, responsibilities, or authority doe

LETTER OPINION 80-19 August 7, 1980 (OPINION) Honorable Robert B. Melland State Senator P. O. Box 112 Jamestown, North Dakota 58401 Dear Senator Melland: This is in response to your letter of July 7, 1980, regarding the capital construction fund created by the 1979 Legislature. You state the following: The capital construction fund created by the Forty-sixth Session of the North Dakota Legislative Assembly through Senate Bill 2487 has now been funded to the full extent of the request of the d

LETTER OPINION 80-59 June 17, 1980 (OPINION) Ms. Illona A. Jeffcoat-Sacco Special Assistant Attorney General Department of Banking and Financial Institutions State Capitol Bismarck, North Dakota 58505 Dear Ms. Jeffcoat-Sacco: This is in response to your letter of May 21, 1980, wherein you state the following: The North Dakota State Banking Board recently held a public hearing on a proposal to repeal <13-02-01-02, N.D.A.C. A copy of that proposal is enclosed for your reference. You r

LETTER OPINION 80-109 June 6, 1980 (OPINION) Mr. Edward Klecker Director of Institutions State Capitol Bismarck, North Dakota 58505 Dear Mr. Klecker: This is in response to your letter of May 19, 1980, wherein you request an opinion of this office relative to section 15-61-05 of the North Dakota Century Code, relative to disposition or sale of state surplus property. You submit the following facts and question in your letter: There is considerable property in state institutions and agen

LETTER OPINION 80-6 May 29, 1980 (OPINION) Mr. Albert J. Hardy Stark County State's Attorney P. O. Box 370 Dickinson, North Dakota 58601 Dear Mr. Hardy: This is in response to your letter of April 29, 1980, wherein you request an opinion of this office relative to section 14-08-07 of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter: The Clerk of our District Court has requested that I obtain an Attorney General's Opinion from your of

LETTER OPINION 80-136 May 16, 1980 (OPINION) Ms. Cynthia A. Rothe Cass County States Attorney Cass County Courthouse P.O. Box 2806 Fargo, North Dakota 58108 Dear Ms. Rothe: This is in response to your letter of April 7 in which you asked for an opinion regarding the property tax exemption provision in subsection 15 of section 57-02-08, N.D.C.C., for farm structures and improvements. The applicable part of the exemption stature, as you noted, are the first three sentenc

LETTER OPINION 80-86 April 15, 1980 (OPINION) Honorable Ben Meier Secretary of State Department of State State Capitol Bismarck, North Dakota 58505 Dear Mr. Meier: This is in response to your letter of March 3, 1980, wherein you state: I would like your opinion on the following: If a vacancy occurs in a constitutional office according to Section 78 of the North Dakota Constitution, the Governor shall have the power to fill such vacancy by appointment. Section 44-02-08 of

LETTER OPINION 80-1 April 15, 1980 (OPINION) Mr. T. N. Tangedahl Executive Director Social Service Board of North Dakota State Capitol Bismarck, ND 58505 Dear Mr. Tangedahl: This opinion is in response to your request of March 5, 1980, in which you state the following: In the 1965 Special Session, the North Dakota Legislature enacted what is now codified as North Dakota Century Code chapter 50-24.1, Medical Assistance for Needy Persons. That chapter was written and designed fo

LETTER OPINION 80-25 April 3, 1980 (OPINION) Mr. Byron Knutson Commissioner North Dakota Insurance Department Capitol Building Bismarck, ND 58505 Dear Mr. Knutson: This is in response to your letter of March 12, 1980, wherein you request an opinion of this office relative to filing requirements of a corporation formed and existing under the provisions of chapter 6-05 of the North Dakota Century Code. You submit the following in your letter of inquiry. I respectfully request an opinion as to the

LETTER OPINION 80-56 March 28, 1980 (OPINION) Mr. Byron Knutson Insurance Commissioner State Capitol Bismarck, North Dakota 58505 Dear Commissioner Knutson: This is in response to your letter of March 12, 1980, wherein you request an opinion approving certain proposed rules and regulations of the North Dakota Insurance Department as the same pertains to Unfair Practices Regulation. The proposed rules cite as general authority sections 26-01-16, 28-32-02, and 26-30-04.1 of the North Dakota Century Code, w

Superceded by N.D.A.G. 82-1 LETTER OPINION 80-71 March 19, 1980 (OPINION) Mr. Dwight F. Kalash Assistant City Attorney City Hall Grand Forks, North Dakota 58201 Dear Mr. Kalash: This is in response to your letter of February 28, 1980, wherein you state the following: This letter is written at the request of James Clague, Chief of Police of the City of Grand Forks. The purpose of our letter is to request the opinion of the office of the Attorney General on the legalit

LETTER OPINION 80-31 March 19, 1980 (OPINION) Mr. Aloys Wartner III City Attorney Harvey, North Dakota 58341 Dear Mr. Wartner: This is in response to your letter of March 3, 1980, wherein you provide the following information: The City of Harvey is located in Wells County. Wells County has a County Court of Increased Jurisdiction. The Wells County Judge of the Court of Increased Jurisdiction has filed a petition to run for the position of the City of Harvey Municipal

LETTER OPINION 80-121 March 18, 1980 (OPINION) Mr. John E. Jacobson Mercer County States Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Jacobson: This is in response to your letter dated January 16, 1980, wherein you state the following: As you may know, Mercer County presently has three active coal mines. Only one of these coal mines has a tipple within fifteen miles of a non-coal-producing county. We therefore request your opinion on the following question: D

LETTER OPINION 80-143 March 13, 1980 (OPINION) Mr. Leo E. Halvorson, Mayor Esmond, North Dakota 58332 Dear Mayor Halvorson: This is in reply to your letter of February 18, 1980, inquiring about the procedure for the sale of real property by the county to a city when there are both special assessments (levied by the city) and delinquent property taxes against it. The following is quoted from your letter: It is the opinion of the city; that after three years of the t

LETTER OPINION 80-119 March 12, 1980 (OPINION) Mr. H. F. Gierke III McKenzie County State's Attorney P. O. Drawer 528 Watford City, ND 58854 Dear Mr. Gierke: This is in response to your letter of February 19, 1980, wherein you state the following facts: During the 1979 legislative session, the North Dakota mental health commitment law was changed and revised, thereby assuming its current form in chapter 25-03.1 of the Century Code. Section 25-03.1-14 also appears to have chang

LETTER OPINION 80-13 March 3, 1980 (OPINION) Mr. Maurice R. Hunke Attorney at Law P.O. Box 1303 208 First Avenue East Dickinson, North Dakota 58601 Dear Mr. Hunke: This is in response to your letter of January 7, 1980, wherein you request an opinion from this office relative to creation of the West River Water Supply District as authorized by chapter 61-24.2 of the North Dakota Century Code. You indicate in your letter that the Board of Commissioners of the City of Dickins

LETTER OPINION 80-61 February 7, 1980 (OPINION) Mr. Larry L. Kruckenberg Commissioner North Dakota Game and Fish Department 2121 Lovett Avenue Bismarck, North Dakota 58505 Dear Mr. Kruckenberg: This is in reply to your letter of January 7, 1980. You state the following facts and question: The 1979 session of the N.D. Legislature passed an initiated measure relating to the investment of Game and Fish funds and retention of the interest on those investments by the Game a

LETTER OPINION 80-39 January 31, 1980 (OPINION) Ms. Cynthia A. Rothe Cass County State's Attorney P. O. Box 2806 Fargo, North Dakota 58620 Dear Ms. Rothe: This is in response to your letter of November 27, 1979, in which you asked several questions regarding the procedure for financing the construction of an addition to and the remodeling of the present Cass County courthouse following the special election in Cass County last November sixth at which the voters approved a three-mill levy f

LETTER OPINION 80-99 January 28, 1980 (OPINION) Mr. Gene A. Christianson Acting Administrator North Dakota State Health Department State Capitol Bismarck, North Dakota 58505 RE: Department of Health v. Trinity Medical Center Administrative No. 79-301 Dear Mr. Christianson: This opinion is in response to your letter dated December 31, 1979, concerning the acquisition of a CT head scanner by Trinity Medical Center, Minot, North Dakota, along with the "Findings of Fact and Conclusion

LETTER OPINION 80-79 January 24, 1980 (OPINION) Mr. Howard J. Snortland Superintendent of Public Instruction State Capitol Bismarck, North Dakota 58505 Dear Mr. Snortland: This letter is in response to your request of January 2, 1980, to this office in which you request our opinion on the following question: May a school district levy for social security and teacher retirement funds for the school district's contracted share of teachers' salaries to the multidistrict special education

LETTER OPINION 80-148 January 14, 1980 (OPINION) Mr. Walter R. Hjelle Commissioner North Dakota State Highway Department Capitol Grounds Bismarck, North Dakota 58505 Dear Mr. Hjelle: This is in reply to your letter of January 3, 1980, relative to a proposed firearms policy for truck regulatory officers. You state the following facts and questions: In view of the attached opinions and that conclusion reached by Mr. Milhollen, I would ask your office for an opinion as to whether or not truck regulato