North Dakota AG Opinions, 1997

LETTER OPINION 97-L-78 June 18, 1997 The Honorable Ray Holmberg State Senate, District 17 621 High Plains Court Grand Forks, ND 58201-7717 Dear Senator Holmberg: Thank you for your letter asking whether a pellet gun, possessed or used contrary to a school district weapons policy, falls with the definition of a firearm pursuant to N.D.C.C. § 15-49-12(1). The above noted section of law cites 18 U.S.C. § 921 as being the definition of the term “firearm.” That section of federal law defines firearm as: . . .

LETTER OPINION 97-L-71 June 18, 1997 Mr. William Binek Chief Counsel Public Service Commission State Capitol Bismarck, ND 58505-0480 Dear Mr. Binek: Thank you for your letter asking several questions about the application of the Public Service Commission policy concerning conflicts of interest. These questions were asked in light of my opinion to you issued on May 3, 1996. 1996 N.D. Op. Att’y Gen. 53. The Public Service Commission has adopted a policy addressing conflicts of interest which provides: No commissioner, com

LETTER OPINION 97-L-66 June 18, 1997 Ms. Jeanne McLean Behrens Bottineau County State’s Attorney 314 East 5th Street Bottineau, ND 58318 Dear Ms. Behrens: Thank you for your letter asking several questions regarding fencing along a section line. In North Dakota, the congressional section lines are public roads and are open for travel outside the limits of incorporated cities and outside properly recorded platted townsites, additions, or subdivisions. N.D.C.C. § 24-07-03. A section line easement outside of ci

LETTER OPINION 97-L-64 June 3, 1997 Ms. Elaine Little Director, Department of Corrections PO Box 1898 Bismarck, ND 58502-1898 Dear Ms. Little: Thank you for your letter regarding the State Children’s Services Coordinating Committee (CSCC). You specifically ask whether funds held by the twelve regional and tribal committees (RCSCCs) at the end of the 1995-1997 biennium should be included in the allocation for administrative costs provided in 1997 Senate Bill 2014. The state of North Dakota, through the CS

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 97-F-03 Date issued: May 29, 1997 Requested by: Gary D. Preszler, Banking & Finance Commissioner - QUESTIONS PRESENTED - I. Whether a North Dakota federal savings association may be merged into an out-of-state national bank. II. If the answer to the first question is yes, whether, in a non- emergency situation, the out-of-state national bank may retain the North Dakota savings association’s main office and its intra-state branches as interstate branches. - ATTORNEY GENER

LETTER OPINION 97-L-61 May 27, 1997 Cameron D. Sillers, P.C. Attorney at Law 908 Third Street Langdon, ND 58249 Re: Cavalier County Water Resource Board Thank you for your letter asking whether a water resource district may increase the levy for cleaning and repairing a drain established as an assessment drain under N.D.C.C. ch. 61-21 from ten cents to fifty cents without a vote of the affected landowners. N.D.C.C. §§ 61-21-46 and 61-21-47 are the statutes governing the authority of the board to levy

LETTER OPINION 97-L-56 May 27, 1997 Honorable Merle Boucher Minority House Leader 606 Highland Street Rolette, ND 58366 Dear Rep. Boucher: Thank you for your request for an opinion regarding the constitutionality and legality of House Bill No. 1274 dealing with revolving charge accounts. The four concerns you raise are as follows: 1. Whether House Bill No. 1274 is constitutional in light of the fact that a public hearing was not held on the amendments to the bill. 2. Whether the bill “creates a c

LETTER OPINION 97-L-53 May 22, 1997 Mr. Alon Wieland, Chairman Cass County Board of Commissioners Box 2806 Fargo, ND 58108 Dear Mr. Wieland: Thank you for your April 21 and May 7, 1997, letters asking for my opinion on whether the Cass County Board of Commissioners (Board) is legally obligated to pay attorney fees incurred by the Cass County State’s Attorney. Normally, this office provides legal advice upon request to a county state’s attorney, as legal adviser for a county, rather than

LETTER OPINION 97-L-50 May 19, 1997 Mr. Sparb Collins Executive Director, PERS Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your letter asking whether the Public Employees Retirement System’s Board (PERS Board) has the authority to lend money to its members in a manner that would be consistent with Internal Revenue Service (IRS) requirements. North Dakota Century Code (N.D.C.C.) § 54-52-03 establishes the PERS Board as the governing authority of the state retirement system. The Bo

LETTER OPINION 97-L-47 May 14, 1997 Honorable John Dorso House Majority Leader N D House of Representatives P.O. Box 7310 Fargo, ND 58109-7310 Dear Rep. Dorso: Thank you for your letter advising that it had come to your attention that St. Joseph’s Hospital (St. Joseph’s) in Dickinson and the Badlands Human Services Center (Badlands) are creating a new company to provide mental health services. You ask whether statutory authority exists which allows a state agency to join with a private entity to

LETTER OPINION 97-L-41 April 23, 1997 Honorable Gary Nelson State Senator 2970 158th Avenue SE Casselton, ND 58012 Dear Senator Nelson: Thank you for your letter regarding deer depredation problems. Specifically you ask: whose responsibility is it to care for the deer; to whom do the deer belong; is the burden of caring for the deer to fall on the shoulders of the few, or is it the general responsibility of all citizens of the state; and how far can farmers and ranchers go in

LETTER OPINION 97-L-38 April 8, 1997 Mr. Roger Johnson Commissioner of Agriculture 600 East Boulevard Avenue Bismarck, ND 58505-0020 Dear Commissioner Johnson: Thank you for your letter inquiring about the responsibilities of the Commissioner of Agriculture (Commissioner) and the North Dakota State Board of Animal Health (Board) for enforcing livestock and animal health laws. Your letter asks for general advice regarding the responsibilities of the Commissioner and the Board as outlined in six separate

LETTER OPINION 97-L-34 April 2, 1997 Mr. Sparb Collins PERS Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your letter concerning a health maintenance organization’s request to provide eligible employees the option of membership in its organization under North Dakota Century Code (N.D.C.C.) § 54-52.1-04.1. Pursuant to this request, two issues are raised: (1) whether a health maintenance organization (HMO) is a carrier under N.D.C.C. ch. 54-52.1 and (2) whether the Public Employees

LETTER OPINION 97-L-32 March 31, 1997 Mr. John T. Goff Cass County State’s Attorney Box 2806 Fargo, ND 58108 Dear Mr. Goff: Thank you for your letter regarding the authority of a board of county commissioners to limit an elected county officer’s authority to discharge an employee working in the officer’s office or department. This office has issued several opinions regarding a board of county commissioners’ control over employees working for an elected county officer. These opinions interpret N

LETTER OPINION 97-L-28 March 20, 1997 Mr. Henry C. “Bud” Wessman Executive Director Dept. of Human Services State Capitol, Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0250 Dear Mr. Wessman: Thank you for your letter asking whether federally funded Head Start Program teachers and home visitors contractually employed by a local school district are teachers for the purposes of the Teachers’ Fund for Retirement (TFFR), N.D.C.C. ch. l5-39.l. N.D.C.C. § 15-39.l-04(ll)(a) defines teachers as [a]ll persons certified to t

LETTER OPINION 97-L-24 March 19, 1997 Mr. Michael S. McIntee McHenry County State’s Attorney PO Box 90 Towner, ND 58788-0090 Dear Mr. McIntee: Thank you for your letter asking whether implements of husbandry are required to be insured under N.D.C.C. § 39-08-20 when driven on public highways. This opinion replaces the one to you of March 7, 1997. N.D.C.C. § 39-08-20 requires that a valid policy of liability insurance cover all motor vehicles driven in this state. A person may not drive, or the owner may

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 97-F-02 Date issued: March 18, 1997 Requested by: Earle R. Myers, Jr., Richland County State’s Attorney - QUESTION PRESENTED - Whether a home rule county may establish by ordinance a method for determining what property is taxable as commercial property. - ATTORNEY GENERAL’S OPINION - It is my opinion that a home rule county may not establish by ordinance a method for determining what property is taxable as commercial property. - ANALYSIS - “All property in this state

LETTER OPINION 97-L-21 March 14, 1997 Mr. Wade G. Enget Mountrail County State’s Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for your letter regarding a county’s involuntary ownership of land by a tax deed action and corresponding potential for liability if the land is contaminated with materials used in the production and processing of an oil or gas well. You ask a series of questions in the context of a county becoming a property owner by way of tax deed action and

LETTER OPINION 97-L-17 February 4, 1997 Honorable Donna Nalewaja State Senator Senate Chambers 600 East Boulevard Avenue Bismarck, ND 58505 Dear Senator Nalewaja: Thank you for your letter requesting a review of N.D.C.C. §§ 20.1-03-12.1 (Habitat restoration stamp required -- Use of revenue -- No land purchases allowed) and 20.1-03-13 (Stocking and propagation of upland game). Specifically, you ask what is required by these statutes of the Game and Fish Department (Department) as they relate to the stocki

LETTER OPINION 97-L-13 January 29, 1997 Honorable Gerald O. Sveen State Representative House Chambers 600 East Boulevard Avenue Bismarck, ND 58505 Dear Representative Sveen: Thank you for your January 21, 1997, letter requesting clarification of the requirement for notice to the public of the procedure for contacting the state to prohibit disclosure of personal information under the Federal Drivers Privacy Protection Act of 1994. The Federal Drivers Privacy Protection Act of 1994 is found at 18 U.S.C. § 2721. Th

LETTER OPINION 97-L-10 January 28, 1997 The Honorable Duane L. DeKrey District 14 HC 2, Box 106 Pettibone, ND 58475 Dear Representative DeKrey: Thank you for your letter asking about the tuition responsibilities of three North D akota school districts, two of which have entered into an educational cooperative agreement approved by the Superintendent of Public Instruction. N.D.C.C. § 15-40.2-01(2) states that if a school district does not provide educational services to an entire grade level, students in th

LETTER OPINION 97-L-9 January 16, 1997 Mr. Ronald A. Reichert Medora City Attorney PO Box K Dickinson, ND 58602-8305 Dear Mr. Reichert: Thank you for your letter asking whether an untraveled section line in unplatted land annexed to a city is held in trust for public use and right-of-way and whether such a section line is subject to state laws regarding easements for travel. All congressional section lines are public roads and are open for travel by the public within 33 feet on each side

LETTER OPINION 97-L-7 January 16, 1997 Mr. Greg Mueller Chairman North Dakota Oilseed Council 4023 State St Bismarck, ND 58501-0620 Dear Mr. Mueller: Thank you for your letter inquiring whether the Oilseed Council can provide funds to the American Renewable Oil Association (AROA) for a grower-owned oilseed processing and marketing business. Your letter stated that in May, 1996, AROA requested $20,000 from the Oilseed Council. In its Research and Crop Promotion Grants Application Form, AROA stated that the

LETTER OPINION 97-L-4 January 16, 1997 Mr. Brian Grosinger Morton County Assistant State’s Attorney 210 2nd Ave NW Mandan, ND 58554 Dear Mr. Grosinger: Thank you for your letter concerning the collection of mobile home taxes. Your letter expands on an opinion I issued to you on January 26, 1995, concluding that distraining property under N.D.C.C. § 57-22-03 to collect delinquent mobile home taxes did not violate due process. In part, this conclusion was based on my interpretation of N.D.C.C. §

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 97-01 Date Issued: January 7, 1997 Requested by: Kathi Gilmore, State Treasurer - QUESTIONS PRESENTED - I. Whether the principal balance of the Veterans’ Postwar Trust Fund created by Initiated Constitutional Measure #4 is the amount of the principal balance of the statutorily-created Veterans’ Postwar Trust fund on the effective date of the initiated measure or whether it is that principal balance plus any accumulated income earned by the statutori

LETTER OPINION 97-L-1 January 3, 1997 Mr. Ted D. Seibel Wells County State’s Attorney PO Box 347 Fessenden, ND 58438-0347 Dear Mr. Seibel: Thank you for your letter requesting my opinion on N.D.C.C. § 57-15-56(3), dealing with a vote on a tax levy for senior citizen programs. You indicated that the Wells County Commission on its own motion placed a ballot measure before the voters on whether an additional 1 mill should be levied for services and programs for senior citizens. You further