North Dakota Attorney General Opinions

OPINION 79-256 December 17, 1979 (OPINION) The Honorable James Gerl State Representative 34th District 411 Seventh Avenue N.W. Mandan, ND 58554 Dear Representative Gerl: This is in response to your letter of November 9, 1979, in which you request an Attorney General's opinion on the following: Does the granting of tax exempt status to a new business pursuant to chapter 40-57.1 N.D.C.C., require that the new business employ residents of this state to the extent qualified employees are readily available? In further reference to this question you state that: This inquiry is pr

OPINION 79-232 December 14, 1979 (OPINION) Mr. T. N. Tangedahl Executive Director Social Service Board State Capitol Bismarck, North Dakota 58505 Dear Mr. Tangedahl: This is in response to your letters of October 23, 1979, and December 6, 1979, requesting an opinion of this office as to whether administration of massage by local public health nurses with the assistance of "homemaker/home health aides" within limitations you describe is prohibited by the provisions of section 43-25-03 of the North Dakota Century Code. You inform us that occasionally the public health nurse pr

LETTER OPINION 79-6 December 12, 1979 (OPINION) Honorable Herschel Lashkowitz State Senator District 21 P.O. Box 2621 Fargo, North Dakota 58102 Dear Senator Lashkowitz: This is in response to your letter dated October 8, 1979, requesting an opinion regarding the implementation of Chapter 87 of the 1979 Session Laws (Senate Bill No. 2487) entitled Capital Construction Fund. You state that your inquiry is directed at the so called "triggering mechanism" contained in Section 1 of Chapter 87. You go on to state: My basic questions are three-fold: 1. An interpretation of S

OPINION 79-210 November 30, 1979 (OPINION) Mr. Irvin Riedman Clerk North Dakota Parole Board Department of Parole and Probation Box 1497 Bismarck, North Dakota 58505 Dear Mr. Riedman: This is in response to your letter of July 31, 1979, in which you state: Is the North Dakota Parole Department one of those public bodies which have been required, since 1957, to hold its meetings open to the public in accordance with Section 44-04-19, N.D.C.C.? After considerable research into the question, my legal assistant has been unable to discover any clear authority on either side of

OPINION 79-96 November 16, 1979 (OPINION) Mr. Thomas M. Tuntland Morton County State's Attorney P.O. Box 190 Mandan, ND 58554 Dear Mr. Tuntland: This is in response to your letter of October 17, 1979, in which you requested an opinion regarding the responsibilities and liabilities of the County Auditor of Morton County under the provisions of sections 57-15-02 and 57-15-35 of the North Dakota Century Code. You note that section 57-15-02 charges a county auditor with fixing the rate of all taxes, including taxes within municipalities, and further provides that if a municipalit

OPINION 79-86 October 31, 1979 (OPINION) Mr. Charles D. Orvik Pierce County State's Attorney P.O. Box 232 Rugby, North Dakota 58368 Dear Mr. Orvik: This is in reference to your letter of October 10, 1979, and the copy of your letter of the same date to Evonne Stutrud, Pierce County Auditor that you enclosed, regarding the total mill levy that can be made pursuant to section 57-15-30.1 by a board of county commissioners against the taxable property in a township for payment of a debt owed by the township to the county. Section 57-15-30.1, N.D.C.C., is as follows: 57-15-30.1.

OPINION 79-34 October 22, 1979 (OPINION) Mr. Robert A. Keogh Slope County State's Attorney Slope County Courthouse Amidon, North Dakota 58620 Dear Mr. Keogh: We have your letter of September 21, 1979, in which you request an opinion as to whether or not the three mill county loan levy that is authorized by N.D.C.C. chapter 57-47 can be spread for 1979 property tax purposes without having been included in the county budget that was adopted by the Slope County commissioners last summer for the fiscal year 1979-1980. You advise that the board of county commissioners is conside

OPINION 79-31 October 12, 1979 (OPINION) Mr. John E. Jacobson Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Jacobson: This is in response to your request for an opinion that you made in your letter of September 21, 1971, which is quoted as follows: This letter is to request your opinion regarding the distribution of a severance tax to counties within fifteen miles of the tipple of a currently active coal mining operation. Portions of eastern Dunn County are within fifteen miles of the North American Coal Company Indian Head Mine's tippl

OPINION 79-278 September 11, 1979 (OPINION) Honorable Byron L. Dorgan State Tax Commissioner and Secretary to the State Board of Equalization State Capitol Bismarck, North Dakota 58505 Dear Commissioner Dorgan: This is in response to your letter of August 23, 1979, on behalf of the State Board of Equalization requesting the opinion of this office on a question relating to the assessment by the State Board of property of railroad and car line companies for property taxation purposes. You state that several of the railroad and car line companies object to the assessment by th

OPINION 79-62 September 6, 1979 (OPINION) Mr. Robert E. Hanson Acting State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: This is in response to your letter of July 26, 1979, in which you set out several questions relating to the State Revenue Sharing Act on which you request my official opinion. The State Revenue Sharing Act that was approved as an initiated measure by the people in November 1978, contained four sections, of which sections 2, 3, and 4 now appear in the North Dakota Century Code as sections 54-27-20.1, 54-27-20.2, and 54-27-20.3. Section 1 of

OPINION 79-238 September 5, 1979 (OPINION) Mr. Byron L. Dorgan Tax Commissioner State of North Dakota State Capitol Bismarck North Dakota 58505 Re: House Bill 1507, chapter 615, S.L. 1979 Dear Commissioner Dorgan: You have asked for a formal opinion from this office in response to the following question: Is the manager of the North Dakota State Fair Association responsible for the collection of the North Dakota sales tax imposed upon all taxable gross receipts from all activities and concessions at the North Dakota State Fair as a result of the amendments to subsection 5

OPINION 79-144 August 15, 1979 (OPINION) Mr. William J. Delmore Special Assistant Attorney General Director, Legal Services North Dakota State Department of Health Missouri Office Building 1200 Missouri Avenue Bismarck, ND 58505 Dear Mr. Delmore: This is in response to your letter of August 7, 1979, wherein you requested our opinion on the submission of recommended findings of fact by a hearing officer following hearings held pursuant to chapters 23-01 and 23-17.2 of the North Dakota Century Code. Your letter sets forth the following facts and questions: In my position a

OPINION 79-158 August 14, 1979 (OPINION) The Honorable Earl S. Strinden State Representative House Majority Leader 2812 Chestnut Street Grand Forks, ND 58201 Dear Representative Strinden: This is in response to your letter dated July 9, 1979, regarding the partial referral of House Bill 1138, election law revision, and the effect of the nonreferral of Section 16 of the Bill. You state the following in your inquiry: This letter is my request for an official opinion from you, the Attorney General, as to the constitutionality of a portion of the referral action of the recentl

OPINION 79-106 August 8, 1979 (OPINION) Honorable William E. Gorder State Representative 1345 Lawler Avenue Grafton, North Dakota 58237 Dear Representative Gorder: We are writing in response to your letter of July 30, 1979, wherein you requested an opinion of this office concerning what constitutes "reasonable office hours" as such language is used in North Dakota Century Code section 44-04-18. In your letter you state that in your local water management office you have a part-time secretary and that some people have had difficulty in seeing public records for this reason.

OPINION 79-14 August 2, 1979 (OPINION) Mr. Wayne O. Solberg Fargo City Attorney Solberg, Stewart and Boulger P.O. Box 1897 Fargo, ND 58107 Dear Mr. Solberg: This is in response to your request for an opinion concerning military leave for city employees. Your letter states, in part: The personnel Officer for the City of Fargo has proposed the adoption of a policy relating to pay of city employees on military leave. This proposed policy would be as follows: That personnel be entitled to pay only in the amount required to keep an employee from losing pay while on military l

OPINION 79-116 July 27, 1979 (OPINION) Mr. Howard J. Snortland Superintendent Department of Public Instruction State Capitol Bismarck North Dakota 58505 Dear Mr. Snortland: This is in response to your letter of July 11, 1979, wherein you requested an opinion concerning the application of sections 15-47-27 and 15-47-38, and chapter 15-38.1 of the North Dakota Century Code to teachers employed by the Division of Independent Study. In your letter you set forth the following facts and questions: The Division of Independent Study has been placed under the supervision of the Sta

July 24,1979 Honorable Wayne K. Stenehjem State Representative 102 North 21st St. Grand Forks, North Dakota 58201 Dear Representative Stenehjem: This is in response to your letter dated July 19, 1979, wherein you set forth the following facts and questions: This letter is to request your opinion on the applicability of North Dakota's Open Meeting Laws to the deliberations of the Judicial Nominating Committee established by Governor Link by Executive Order 1979-6. As you may be aware, the Committee at its first meeting in Harvey, North Dakota on July 14, determined to conduct

OPINION 79-234 July 20, 1979 (OPINION) Mr. John Romanick States Attorney of McLean County McLean County Courthouse Washburn, North Dakota 58577 Dear Mr. Romanick: This is in response to your letter of July 5, 1979, wherein you request an opinion of this office relative to improvements proposed pursuant to the provisions of chapter 11-28.2 of the North Dakota Century Code, as amended. You submit the following facts and questions in your letter: At an annual meeting, the owners of property requested the Recreation Service District Commissioners to proceed with dredging Straw

OPINION 79-112 July 19, 1979 (OPINION) Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 RE: Senate Bill 2253 (N.D.C.C. section 14-09-09.5; Docketing of Chil Judgments and Order) Dear Mr. Slorby: This is in response to your letter dated June 12, 1979, in which you requested an opinion regarding the mechanics to be followed by the clerks of court in administering Section 5 of Senate Bill 2253 which will be cited as N.D.C.C. section 14-09-09.5. You asked two related questions and offered your interpretation of the statute in rega

OPINION 79-195 July 16, 1979 (OPINION) Mr. James Purdy Dickey County States Attorney Ellendale, North Dakota 58436 Dear Mr. Purdy: This is in response to your letter of June 18, 1979, in which you request an opinion from our office concerning the authority of the Dickey County Commissioners to allow microfilming by an abstract company and/or the sale of microfilm to an abstract company, of records of the Dickey County Register of Deeds. In your letter you set forth the following facts and questions: The Dickey County Abstract Company desires to make a microfilm record of th

OPINION 79-294 July 11, 1979 (OPINION) Mr. Duane R. Breitling Attorney at Law 133 West Main Street Box 458 West Fargo, North Dakota 58079 Dear Mr. Breitling: This is in response to your letter dated May 24, 1979, requesting an opinion from this office as to whether or not a drain board may reassess benefits for a legal drain pursuant to section 61-21-44 of the North Dakota Century Code. Your letter begins: This firm represents the Cass County Drain Board. In that regard, we have received a request from a group of individuals owning property within the assessment district

OPINION 79-134 June 29, 1979 (OPINION) Honorable Arthur A. Link Governor State Capitol Bismarck, North Dakota 58505 Dear Governor Link: This is in response to your request dated June 15, 1979, for an opinion regarding the authority of a state planning division established by Executive Order 1979-7, effective July 1, 1979. Your request states: Attached is a copy of Executive Order 1979-7 dated June 15, 1979. The State Planning Division is urgently in need of an opinion from your office regarding the Division's authority to do the following after June 30, 1979, relative to

OPINION 79-241 June 26, 1979 (OPINION) Mr. Joseph A. Vogel, Jr. Morton County State's Attorney Box 190 Mandan, North Dakota 58554 Dear Mr. Vogel: This is in response to your letter of June 22, 1979, in which you ask: 1. Can assistants employed by a full time State's Attorneys office using county facilities and services associated with said office, receiving county salaries and benefits, maintain a private law practice the same as assistants in a part-time State's Attorneys office? 2. Can assistants employed by a full time State's Attorneys Office using county facilities

Overruled by N.D.A.G. 90-L-63 OPINION 79-214 June 5, 1979 Mr. Randy A. Deede State's Attorney Nelson County P.O. Box 527 Lakota, ND 58344 Dear Mr. Deede: This is in response to your letter of May 17, 1979, wherein you make inquiry of this office requesting an opinion relative to Section 11-18-03 of the North Dakota Century Code and the application of same to personal representative's deed of distribution under the probate code of North Dakota. You submit the following in your letter: "Is a Personal Representative's Deed of Distribution under the Uniform Probate Code a Final Decree o

OPINION 79-175 May 31, 1979 (OPINION) The Honorable Jens J. Tennefos State Senator, District 46 714 19th Avenue South Fargo, ND 58102 Dear Senator Tennefos: This is in response to your letter dated April 3, 1979, wherein you request our opinion regarding the maximum rate of interest allowed to be charged by North Dakota savings and loan associations. In your letter you state: The savings and loan associations in this state are limited by Section 7-02-04 of the North Dakota Century Code to charging a maximum of 12 percent interest on any loans made by them in this state.

OPINION 79-101 May 9, 1979 (OPINION) Honorable James Gerl State Representative District 34 411 Seventh Avenue N.W. Mandan, North Dakota 58554 Dear Representative Gerl: This is in response to your letter dated May 7, 1979, which states, in part: . . . . I hereby request a formal Attorney General's opinion on the question of whether House Bill 1138, or portions thereof, may be referred under the North Dakota Constitution without the printing of the entire bill in each petition to be distributed for signatures. The referendum is governed by the North Dakota Constitution as am

OPINION 79-245 May 7, 1979 (OPINION) Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Mr. Slorby: This is in response to your letter of April 10, 1979, wherein you request an opinion of this office relative to certain applications of Chapter 12.1-30 of the North Dakota Century Code, commonly known as the Sunday Closing Law. You submit the following general observations and premises in your letter: There has been a relatively significant clamor in our county of late regarding the Sunday Closing Law, enforcement thereof, and

OPINION 79-188 April 24, 1979 (OPINION) Mr. Lyle A. Limond Executive Secretary and Treasurer North Dakota State Board of Medical Examiners 418 E. Rosser Bismarck, North Dakota 58501 Dear Mr. Limond: This is in response to your letter of April 10, 1979, wherein you request an opinion of this office relative to the State Board of Medical Examiners and whether the same qualifies as a state agency in two given instances. You submit the following in your letter: This office is requesting your opinion as to whether the North Dakota State Board of Medical Examiners qualifies as a

OPINION 79-150 April 20, 1979 (OPINION) Colonel James D. Martin, Superintendent North Dakota Highway Patrol State Capitol Bismarck, North Dakota 58505 Dear Colonel Martin: This is in response to your letter of March 19, 1979, wherein you requested our opinion relative to the jurisdiction of highway patrol officers granted by several sections of the North Dakota Century Code. After quoting from subsection 12 of Section 39-03-09 you ask: "Does this section permit highway patrol officers to make or attempt to make apprehensions of law violators for crimes committed in the off

OPINION 79-56 April 9, 1979 (OPINION) Mr. John M. Olson Burleigh County State's Attorney P. O. Box 1901 Bismarck, North Dakota 58501 Dear Mr. Olson: This is in response to your letter of April 3, 1979, concerning possible alternatives for the funding of a combined law enforcement facility. In your letter you refer to our previous opinion on this subject, issued on February 21, 1979, in which we concluded that the Legislative Assembly did not intend by the enactment of sections 21-03-06(7a) and 21-03-07(2) to authorize payment of judgments in eminent domain by the use of gene

OPINION 79-192 March 22, 1979 (OPINION) Honorable Tish Kelly State Representative House Chambers State Capitol Bismarck, North Dakota 58505 Dear Representative Kelly: This is in reply to your letter of January 10, 1979, requesting our opinion as to whether the Southeast Mental Health and Retardation Center (hereafter SMHRC) is a political subdivision under Chapter 25-12, N.D.C.C. After examining the materials enclosed with your letter and from discussions with legal counsel associated with the Center, it appears that the question really is whether SMHRC is a "local public ag

OPINION 79-180 March 21, 1979 (OPINION) T. N. Tangedahl, ACSW Executive Director Social Service Board of North Dakota State Capitol Bismarck, North Dakota 58505 Dear Mr. Tangedahl: This is in response to your letter of March 3, 1979, wherein you request our opinion on the status of certain volunteer workers for various county social service boards. In your letter you set forth the following facts and questions: The Social Service Board of North Dakota administers a "Volunteer Services Program." Through this program, certain of our applicants or clients are provided neces

OPINION 79-252 March 15, 1979 (OPINION) Mr. Joseph A. Vogel, Jr. State's Attorney Morton County Box 190 Mandan, North Dakota 58554 Dear Mr. Vogel: This is in response to your letter of February 27, 1979, wherein you request an opinion of this office relative to Section 57-02-08(15) of the North Dakota Century Code, as amended, as affecting certain practices of your county in determining eligibility for exemption from taxation. You submit the following facts and inquiry in your letter: The Morton County Tax Director has located a number of residences in the county that may

OPINION 79-222 March 14, 1979 (OPINION) Mr. Albert J. Hardy Stark County States Attorney First National Bank Building Dickinson, North Dakota 58601 Dear Mr. Hardy: This is in response to your letter of February 14, 1979 wherein you request our opinion relative to whether the Dickinson Public School District may join an association of oil and gas producing counties. In your letter you set forth the following facts and questions: We have been requested to secure an Attorney General's Opinion concerning the legality of the Dickinson Public School District joining and paying "due

OPINION 79-185 March 14, 1979 (OPINION) Honorable Vernon Wagner Speaker of the House House Chambers State Capitol Bismarck, North Dakota 58505 Dear Mr. Speaker: This is in response to the legislative branch's request for an opinion as set forth in Representative Wayne K. Stenehjem's letter of March 12, 1979, which was approved by you: This is to request an opinion from your office regarding the propriety and legality of the use of a so-called landlord's lien, or the use of the common law remedy of distraint for rent, based on current statutory and case law in the State of N

OPINION 79-153 March 12, 1979 (OPINION) Honorable Vern Wagner Speaker House of Representatives State Capitol Bismarck ND 58505 Dear Mr. Speaker: This is in response to the letter dated March 9, 1979, from Representative Eugene Nicholas, submitted with your approval, regarding Senate Bill 2280, a bill authorizing family corporation farming. Representative Nicholas states in his letter: The House Agriculture Committee on Thursday, March 8, passed Senate Bill 2280 as amended. The amendment is: SECTION 8. REFERRAL) Sections 1 through 8 of this Act shall be placed on the

OPINION 79-217 March 9, 1979 (OPINION) Mr. T. N. Tangedahl, ACSW Executive Director Social Service Board of North Dakota State Capitol Bismarck North Dakota 58505 Dear Mr. Tangedahl: This is in response to your February 21, 1979, letter requesting a formal opinion relative to the residence of an individual for public assistance purposes. Apparently, a dispute has arisen between the Slope County Social Service Board and the Burleigh County Social Service Board as to which county is legally responsible for this individual's needs. The facts surrounding this situation as pres

OPINION 79-1 March 9, 1979 (OPINION) Mr. Zane Anderson Bowman County State's Attorney P. O. Box 936 Bowman, North Dakota 58623 Re: Bowman County Airport Authority, Bowman, North Dakota Dear Mr. Anderson: This is in reply to your letter of January 26, 1979, requesting my opinion on questions relating to the proposed annexation of the property of the Bowman County Airport Authority by the City of Bowman. You advise that the Bowman County Airport Authority was created January 2, 1973, by the County Commissioners of Bowman County under the provisions of Chapter 2-06, N.D.C.C.;

OPINION 79-37 March 8, 1979 (OPINION) Mr. Randy A. Deede Nelson County State's Attorney P. O. Box 527 Lakota, North Dakota 58344 Dear Mr. Deede: This is in response to your letter of February 2, 1979, wherein you request our opinion relative to the sentencing by a county justice of a criminal misdemeanor defendant to serve a term in the State Farm. In your letter you set forth the following facts and questions: I am the State's Attorney for Nelson County, North Dakota. A defendant has plead guilty to the offense of Unauthorized Use of a Vehicle in violation of section 12.1-

OPINION 79-26 March 6, 1979 (OPINION) Honorable L. E. Berger House of Representatives State Capitol Bismarck, North Dakota 58505 Dear Representative Berger: This is in response to your letter of January 18, 1979, wherein you make the following inquiry: Recently I conferred with John D. Kelly, attorney for Cass County Electric Cooperative, Inc., of Kindred, North Dakota. Cass Electric is a cooperative corporation organized under the laws of North Dakota and provides electric service to its members in the rural areas of southeastern North Dakota, including portions of the 13th

Superceded by N.D.A.G. 82-4 OPINION 79-42 February 21, 1979 (OPINION) Mr. John Olson Burleigh County State's Attorney P. O. Box 1901 Bismarck, North Dakota 58501 Dear Mr. Olson: This is in response to your letter of February 13, 1979, in which you requested our opinion as to certain contemplated methods of acquiring land needed for the construction of a county jail or combined law enforcement facility in south Bismarck. In your letter you state that the Burleigh County Commission is considering the purchase of certain properties in south Bismarck, appraised at approximately $500,00

OPINION 79-260 February 14, 1979 (OPINION) The Honorable Vernon Wagner, Speaker House of Representatives Forty-sixth Legislative Assembly State Capitol Bismarck, North Dakota 58505 Dear Mr. Speaker: This is in reply to Representative Layton Freborg's letter of February 7, 1979, to me requesting, with your approval my opinion on the question of whether House Bill No. 1303 requires a vote of two-thirds of the members in both houses to be enacted because it provides a credit against the income tax liability of individuals and corporations imposed by Sections 57-38-29 and 57-38-3

OPINION 79-289 February 12, 1979 (OPINION) Mr. Jerald L. Engelman City Attorney City of Mayville P. O. Box 847 Mayville, North Dakota 58257 Dear Mr. Engelman: This is in response to your letter of January 24, 1979, wherein you request an opinion relative to erroneous collection of special assessments and possible refund thereof. You submit the following factual situation and questions in your letter: The City of Mayville has a special assessment which runs for a term of ten years which is being spread on the residents of the City of Mayville for a sewer cleaning charge.

Overruled in part by N.D.A.G. 89-6 OPINION 79-267 February 12, 1979 (OPINION) Mr. R. E. Lommen Land Commissioner State Land Department State Capitol Bismarck, North Dakota 58505 Dear Commissioner Lommen: This is in response to your request for an opinion on the following question: May a county levy a tax on the leasehold interest in lands under the control of the Board of University and School Lands? Our response to your question is in the negative until such time as the Legislature specifically provides for such levy.

OPINION 79-275 February 8, 1979 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Building Capitol Grounds Bismarck, ND 58505 Dear Mr. Sanstead: You have requested, on behalf of Senator I. E. Solberg, the opinion of this office on the following proposition. "Article 56 of the Constitution prescribes the method of taxation and legislative spending of highway funds. Senate Bill 2382 provides a registration tax levy on all motor vehicles registered in North Dakota which revenue shall be deposited with the State Treasurer to be used exclusively on co

OPINION 79-228 February 7, 1979 (OPINION) Mr. A. S. Benson Bottineau County State's Attorney Benson and Schell Benson Building 616 Main Street Bottineau, North Dakota 58318 Dear Mr. Benson: This is in response to your letter of January 26, 1979, requesting an opinion from this office in regard to a conflict of interest between the positions of county superintendent of schools and school board member. In your letter you set forth the following facts and questions: I have a matter before me in this County relative to the Superintendent of Schools. This matter involves a p

OPINION 79-171 January 30, 1979 (OPINION) Mr. Byron Knutson, Commissioner North Dakota Insurance Commission State Capitol Bismarck, North Dakota 58505 Dear Commissioner Knutson: This is in response to your letter of January 11, 1979, wherein you request an opinion of this office relative to Chapter 26-31 of the North Dakota Century Code, as amended, regarding qualifications of insurance companies in the issuance of automobile warranty policies. You submit the following facts and premise in your letter: We would appreciate your opinion on an interpretation of Chapter 26-31 of