North Dakota AG Opinions, 1998

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-23 Date Issued: July 10, 1998 Requested by: Senator Donna Nalewaja - QUESTION PRESENTED - Whether the legislative or executive branch of the State of North Dakota can donate a sum of money to the non-profit foundation entitled Women in Military Service for America Memorial Foundation, Inc. - ATTORNEY GENERAL’S OPINION- It would violate Article X, Section 18 of the North Dakota Constitution for the legislative or executive branch of the State

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-16 DATE ISSUED : July 2, 1998 ISSUED TO : Jeff Schneider, Lincoln City Mayor CITIZEN’S REQUEST FOR OPINION On May 1, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mary Ann Filibeck asking whether the Lincoln City Council violated N.D.C.C. §§ 44-04-19 (the open meetings law) and 44-04-20 (notice of meetings) when the city council met on April 2, 1998, after its regular monthly meeting had adjourned. FACTS PRESENTED The Lincoln City Council held a regular meet

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-15 DATE ISSUED : July 2, 1998 ISSUED TO : Burleigh County Auditor Kevin Glatt CITIZEN’S REQUEST FOR OPINION On April 29, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Gene Kouba asking whether Burleigh County Auditor Kevin Glatt violated N.D.C.C. § 44-04-18 by refusing Mr. Kouba’s request for minutes of the Burleigh County Board of Commissioners meeting that was held on March 23, and by failing to explain the legal authority for the denial

LETTER OPINION 98-L-82 July 1, 1998 Honorable Merle Boucher State Representative PO Box 7 Rolette, ND 58366-0007 Dear Representative Boucher: Thank you for your letter requesting an opinion regarding the agricultural supplier’s lien arising from N.D.C.C. ch. 35-31. Specifically you ask whether the term livestock in N.D.C.C. § 35-31-01 includes cows and breeding bulls and whether a lien under this chapter on livestock has the same priority as a lien under this chapter on crops or other agricultural prod

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-14 DATE ISSUED : June 25, 1998 ISSUED TO : Patricia J. Lynch, Beach City Mayor CITIZEN’S REQUEST FOR OPINION On March 30, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from John Hanson asking whether the minutes of the March 2, 1998, meeting of the Beach City Council sufficiently describe the topics discussed between the city council and Mr. Hanson. FACTS PRESENTED Mr. Hanson’s opinion request states: “In my opinion the most important part of my discussion with [the] mayor and council m

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-22 Date Issued: June 23, 1998 Requested by: Representative Lois Delmore, District 43 - QUESTION PRESENTED - Whether a hearing held by the Workers Compensation Bureau regarding a person’s claim for benefits is required to be open to the public. - ATTORNEY GENERAL'S OPINION - It is my opinion that a hearing held by the Workers Compensation Bureau regarding a person’s claim for benefits is required to be open to the public unless the claimant requests that the

LETTER OPINION 98-L-77 June 17, 1998 Mr. Douglas G. Johansen ND State Seed Commissioner North Dakota State Seed Department State University Station PO Box 5257 Fargo, ND 58105-5257 Dear Mr. Johansen: Thank you for your letter asking about seed field inspection records of the State Seed Department (Department). You first ask whether records indicating the kind, variety, and parentage of inspected seeds are subject to N.D.C.C. § 44-04-18, the open records law. "Except as otherwise specifically provided by law, all recor

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-21 Date Issued: June 15, 1998 Requested by: Carol Olson, Executive Director, North Dakota Department of Human Services - QUESTION PRESENTED - Whether the North Dakota Department of Human Services (Department) has authority, without an appropriation made by the North Dakota Legislature, to make direct payments to a tribe to assist the tribe in carrying out a tribal family assistance program under 42 U.S.C. § 612. - ATTORNEY GENERAL'S OPINION - It is

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-13 DATE ISSUED : June 11, 1998 ISSUED TO : Griggs County Board of Commissioners Chairman Edward Urness CITIZEN’S REQUEST FOR OPINION On May 12, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Griggs County Sheriff Paul Hendrickson asking whether the Griggs County Board of Commissioners violated N.D.C.C. § 44-04-20 by holding a meeting in Bismarck with the North Dakota Insurance Reserve Fund that was not preceded by sufficient public notice. Sheriff Hendrickson a

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-20 Date Issued: June 11, 1998 Requested by: James M. Hughes, Superintendent, North Dakota Highway Patrol - QUESTION PRESENTED - Whether the notification form provided to persons charged with traffic offenses as required by N.D.C.C. § 39-06.1-07 must include the alternative disposition procedure set forth in N.D.C.C. § 39-06.1-10.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that the notification form provided to persons charged with traffic offenses

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-19 Date Issued: June 10, 1998 Requested by: Carol Olson, Executive Director, North Dakota Department of Human Services - QUESTION PRESENTED - Whether an organization receiving reimbursement for expenses incurred pursuant to a contract with a state agency entitled "Grant Agreement" is "supported in whole or in part by public funds" and is therefore a "public entity" subject to the open records and meetings laws. - ATTORNEY GENERAL'S OPINION - It is my opinion that an

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-12 DATE ISSUED : June 9, 1998 ISSUED TO : Bismarck Public School Board President Melvin Fischer and District Superintendent Lowell Jensen CITIZEN’S REQUEST FOR OPINION On April 23, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Bismarck Tribune editor Tim Fought asking whether the Bismarck Public School Board violated N.D.C.C. § 44-04-19 by holding an executive session that went beyond the scope of “attorney consultation” or negotiation strategy as permitted under N.D.C.C. § 44-04-19.1.

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-11 DATE ISSUED : June 8, 1998 ISSUED TO : Foster County Water Resource District Board Chairman Duane Mullenberg and Attorney Fabian Noack CITIZEN’S REQUEST FOR OPINION On April 29, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jim Seitz asking whether the Foster County Water Resource District Board (Board) violated N.D.C.C. §§ 44-04-20 and 44-04-21 by holding a meeting which was not preceded by sufficient public notice and by not keeping minutes of the meeting

LETTER OPINION 98-L-75 June 8, 1998 Mr. Wayne Hokenson Manager, Local Government Division Office of State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hokenson: Thank you for your letter asking whether it is permissible for a county, through its treasurer, to retain prepaid property taxes (collected in December) and recognize those tax collections only in January and pay them to the political subdivisions entitled to those taxes in February. As you note in your letter, N.D.C.C. § 11-14-1

LETTER OPINION 98-L-73 June 8, 1998 Mr. Jim Heck Information Services Division 600 E Boulevard Ave Bismarck, ND 58505-0100 Dear Mr. Heck: Thank you for your letter asking whether the Information Services Division of the Office of Management and Budget (ISD) is required to respond to an open records request for information in ISD’s possession but belonging to another state agency. Confidential or closed records received by ISD from another state agency to fulfill the purposes of N.D.C.C. ch. 54-44.2 continu

LETTER OPINION 98-L-70 June 8, 1998 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System 400 East Broadway, Suite 505 P.O. Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your letter asking whether the North Dakota Public Employees Retirement System Board, consistent with North Dakota Century Code chapter 54-52.1, may use the gains from one of the subgroups of the Uniform Group Insurance Program to offset increased costs in another subgroup. Those gains would

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-18 Date Issued: June 8, 1998 Requested by: Brian Neugebauer, Attorney, City of West Fargo - QUESTION PRESENTED - Whether a city may apply and enforce its fire prevention code in unincorporated territory within the city’s extraterritorial zone. - ATTORNEY GENERAL’S OPINION - It is my opinion a city may apply and enforce its fire prevention code in unincorporated territory within the city’s extraterritorial zone to the extent the city has adopted all or portio

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-16 Date Issued: June 8, 1998 Requested by: Dan Gaustad, Attorney, Walsh County Water Resource District Board - QUESTIONS PRESENTED - I. Whether an on-site investigation by a water resource district board of the area that is the subject of a complaint to the board under N.D.C.C. §§ 61-16.1-53 or 61-32-07 is a "meeting" required to be open to the public under N.D.C.C. § 44-04-19 and preceded by public notice under N.D.C.C. § 44-04-20. II. If an on-site investi

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-15 Date Issued: June 8, 1998 Requested by: Charles J. Peterson, Golden Valley County State’s Attorney - QUESTION PRESENTED - Whether a county commission may continue to levy, in a dissolved civil township, the same number of mills levied by the civil township’s governing body before the civil township was dissolved. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county commission may not continue to levy, in a dissolved civil township, the sa

LETTER OPINION 98-L-66 May 21, 1998 Mr. Austin G. Engel New Salem City Attorney Webster & Engel Law Firm 418 East Rosser P.O. Box 1338 Bismarck, ND 58502-1338 Dear Mr. Engel: Thank you for your letter requesting my opinion on whether the city of New Salem has authority to assess certain fees against a property. According to the facts provided this office, on April 17, 1996, the Custer Health District served a Notice and Order on the property owner, giving notice that the sewer line was “a nuisanc

LETTER OPINION 98-L-65 May 18, 1998 Honorable Lois Delmore State Representative District 43 714 South 22nd Street Grand Forks, ND 58201 Dear Representative Delmore: Thank you for your letter requesting my opinion on whether surveillance cameras may be used at stop lights to monitor, identify, and ticket traffic light violators. North Dakota law does not address or prohibit the use of cameras to monitor, identify, and ticket traffic light violators. However, the use of cameras for these purposes can rai

May 14, 1998 Mr. Allen Koppy Morton County State’s Attorney 210 2nd Ave NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your March 20, 1998, letter asking whether statutory authority permitting a county commission to redesignate an elective county office as an appointive office under N.D.C.C. § 11-10.2-02(1) conflicts with Article VII, Section 9 of the North Dakota Constitution, which permits such questions to be placed on the ballot for an election by voters in the county. Thi

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-14 Date Issued: May 12, 1998 Requested by: Patricia L. Burke, Burleigh County State’s Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. § 11-10.2-02(1) conflicts with Article VII, Section 9 of the North Dakota Constitution by allowing the elimination of a county office by resolution of the county commission in addition to voter initiative. II. Whether N.D.C.C. § 11-10.2-02(2) conflicts with Article VII, Section 9 of the North Dakota Constitution by al

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-13 Date Issued: May 12, 1998 Requested by: Johanna Zschomler, Director, Risk Management Division, Office of Management and Budget - QUESTIONS PRESENTED - I. Whether the prohibition in 23 United States Code (U.S.C.) § 409 against discovery, admission, or consideration of certain highway safety records in a federal or state court proceeding or action for damages is an exception to the North Dakota open records law. II. Whether, if 23 U.S.C. § 409 is an exception

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-10 DATE ISSUED : May 7, 1998 ISSUED TO : R. James Maxson, Velva City Attorney Kenneth Fox, President, Velva City Commission Carol Bickler, Velva City Auditor CITIZEN’S REQUEST FOR OPINION On March 17 and 18, 1998, this office received requests for an opinion under N.D.C.C. § 44-04-21.1 from Jack Jackson of the Valley Star asking whether the Velva City Commission violated N.D.C.C. §§ 44-04-18, 44-04-20, and 44-04-21 by failing to give public notice of a special city commission meeting held on March 15, by failing to pr

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-09 DATE ISSUED : May 7, 1998 ISSUED TO : Nick Zaharia, Chairman, Pembina Township Board of Supervisors CITIZEN’S REQUEST FOR OPINION On March 30, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Don Defoe asking whether the Pembina Township Board of Supervisors violated N.D.C.C. §§ 44-04-20 and 44-04-21(2) by failing to provide sufficient notice of the Board's meeting on March 2 and by failing to keep sufficient minutes of that meeting, and whether the

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-12 Date Issued: May 7, 1998 Requested by: Representative Bill Oban - QUESTION PRESENTED - Whether attorneys representing the North Dakota Workers Compensation Bureau in administrative proceedings may meet, without notice and opportunity for all parties to the proceeding to participate, with the Director or designated decision maker to discuss the recommended findings of fact, conclusions of law, and order of the administrative law judge in the

LETTER OPINION 98-L-61 May 6, 1998 Steven L. Vogelpohl Lincoln City Attorney 400 East Broadway, Suite 501 P.O. Box 2399 Bismarck, ND 58502-2399 Dear Mr. Vogelpohl: Thank you for your letter requesting my opinion regarding the continued qualification for office of the Mayor of the city of Lincoln. Your letter provides the following facts: The Lincoln Mayor, as a result of a recent divorce, has obtained dwelling quarters in Bismarck. The Mayor’s ex- wife continues to occupy the former couple’s Lincoln ho

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-08 DATE ISSUED : May 4, 1998 ISSUED TO : The Honorable Bob Dykshoorn, President, City of Mandan Board of Commissioners CITIZEN’S REQUEST FOR OPINION On April 1, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kelly Schmidt asking whether the Mandan City Commission violated N.D.C.C. § 44-04-20 by holding a meeting that was not preceded by sufficient public notice. FACTS PRESENTED On Monday, March 30, 1998, various department heads of the City of Mandan met for

LETTER OPINION 98-L-57 May 4, 1998 Mr. James O. Johnson Sioux County State’s Attorney PO Box L Fort Yates, ND 58538 Dear Jim: Thank you for your letter asking whether a nonresident of the state may be a candidate for sheriff. You indicate that a resident of South Dakota is circulating petitions to have his name placed on the ballot as a candidate for county sheriff. N.D.C.C. § 11-15-01.1 provides, in part: Except as otherwise specifically provided by state law, the sheriff must be a qualified elector

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-11 Date Issued: April 30, 1998 Requested by: Mark T. Blumer, Dickey County State’s Attorney - QUESTIONS PRESENTED - I. Whether a meeting held under N.D.C.C. § 44-04-05 to fill a vacancy on the county commission is required to be open to the public under N.D.C.C. § 44-04-19 unless otherwise specifically provided by law. II. Whether resumes and other personal information submitted by candidates for appointment to fill a vacant position on the county commission can be

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-07 DATE ISSUED : April 24, 1998 ISSUED TO : Norbert Sickler, Administrator, Southwest Multi-County Correction Center CITIZEN’S REQUEST FOR OPINION On April 2, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Kerry Schorsch asking whether the Southwest Multi-County Correction Center (SWMCCC) violated N.D.C.C. § 44-04-18 by refusing to mail copies of approved minutes, draft minutes, and notes of certain SWMCCC Board meetings upon request and by refu

LETTER OPINION 98-L-54 April 24, 1998 Dr. Wayne G. Sanstead Superintendent of Public Instruction 600 East Boulevard Avenue Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your letter asking whether your department may employ the Minnesota Guide For Planning New And Improved School Facilities as a criterion for your administration of N.D. Admin. Code ch. 67-09-01 involving school district construction and remodeling approval and, specifically, building sizes. N.D.C.C. § 15-35-01.1(1) provides: 1. Notwithstanding

LETTER OPINION 98-L-51 April 24, 1998 Dr. Gary Gronberg Assistant Superintendent Adaptive Services Department of Public Instruction 600 E Boulevard Ave Bismarck, ND 58505 Dear Dr. Gronberg: Thank you for your letter asking whether “teacher journals” prepared by special education teachers are “education records” under the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and therefore available for inspection by parents. Your letter indicates that certain special education teachers in a North Dakota p

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-10 Date issued: April 24, 1998 Requested by: Keithe E. Nelson, State Court Administrator - QUESTIONS PRESENTED - I. Whether a county commission’s resolution separating the offices of register of deeds and clerk of district court for “administrative and budgetary purposes only” meets the requirements of N.D.C.C. § 11-17-11 for “a resolution separating the offices of register of deeds and clerk of district court pursuant to section 11-10-02.” II. Whether a

LETTER OPINION 98-L-47 April 22, 1998 The Honorable Rick Berg District 45 House of Representatives 1112 Nodak Dr Ste 200 Fargo, ND 58103 RE: Enforcement of House Bill 1225 Dear Representative Berg: Thank you for your letter concerning House Bill 1225, pertaining to insurance claims for excessive charges, which is now N.D.C.C. § 51-07-24. This legislation was designed to prohibit glass companies from paying or waiving an insured’s deductible and then passing the cost of that deductible along to the insurance

LETTER OPINION 98-L-43 April 15, 1998 Mr. James S. Abbott Executive Director North Dakota State Board of Accountancy 2701 S Columbia Rd Grand Forks, ND 58201-6029 Dear Mr. Abbott: Thank you for your letter asking whether the North Dakota State Board of Accountancy (Board) has the authority, by administrative rule, to grant a certificate of "certified public accountant" after December 31, 1999, to an applicant who did not meet the 150 hour education requirement but who was on "conditioned status" on or

ATTORNEY GENERAL’S OPEN RECORDS AND MEETINGS OPINION No. 98-O-06 DATE ISSUED : April 14, 1998 ISSUED TO : Dunseith Public School Superintendent Les Jensen CITIZEN’S REQUEST FOR OPINION On March 20, 1998, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Mike Geiermann, on behalf of the Dunseith Education Association, asking whether the Dunseith Public School District Board violated N.D.C.C. § 44-04-19 by holding an executive session that was not authorized by law. FACTS PRESENTED The Dunseith Public School District Board (Board) held an executive session

LETTER OPINION 98-L-41 April 14, 1998 Ms. Jonal H. Uglem Steele County State’s Attorney PO Box 331 Finley, ND 58230-0331 Dear Ms. Uglem: Thank you for your letter asking whether a county is responsible for a portion of the costs of replacing culverts on a county or township highway system that are needed to accommodate flows arising as a result of the creation of a legal drain if the culverts were adequate to handle the flows that existed prior to construction of the drain. By “le

STATE OF NORTH DAKOTA ATTORNEY GENERAL’S OPINION 98-F-09 Date Issued: April 9, 1998 Requested By: Kenneth L. Dalsted, Jamestown City Attorney - QUESTIONS PRESENTED - I. Whether information obtained under a search warrant obtained by a criminal justice agency and issued by the District Court is criminal investigative information under N.D.C.C. § 44-04-18.7. II. Whether criminal investigative information may or must be disclosed upon request. III. Whether other exceptions exist to further limit the disclosure of criminal

OPINION 98-L-206 July 20, 1998 Mr. Rod Backman Director Office of Management and Budget 600 East Boulevard Avenue Bismarck, ND 58505 Dear Rod: Thank you for your letter asking whether the State Purchasing Division of the Office of Management and Budget (OMB) could make any changes subsequent to a bid award without first having received a written appeal from a vendor. You state that the State Auditor's Office faulted OMB for reinterpreting bid specifications after the bid was awarded and then adding additional vendors to an approved vendors list for certain products. From the information you s

LETTER OPINION 98-L-38 April 6, 1998 Mr. Nevin Van de Streek Minot City Attorney PO Box 1697 Minot, ND 58702-1697 Dear Mr. Van de Streek: Thank you for your March 28, 1998, letter concerning whether a city’s zoning ordinances apply to state property. The question specifically regards plans of the North Dakota State Fair Association to operate a drag strip at the State Fairgrounds. In my opinion, a city’s zoning authority does not control the use of state property. City zoning power is dependent upon auth

LETTER OPINION 98-L-34 March 30, 1998 Honorable Francis J. Wald State Representative, District 37 P.O. Box 330 Dickinson, ND 58602-0330 Dear Representative Wald: Thank you for your letter regarding N.D.C.C. § 4-35-09.1. You have asked for an interpretation of the term “financial responsibility” in N.D.C.C. § 4-35-09.1, and also what the general liability policy referred to in the statute was intended or expected to cover. N.D.C.C. § 4-35-09.1, which was passed during the 1997 legislative session, provides in part: A c

LETTER OPINION 98-L-32 March 30, 1998 Ms. Carol K. Olson Executive Director ND Department of Human Services 600 East Boulevard Avenue Bismarck, ND 58505-0250 Dear Ms. Olson: Thank you for your letter asking whether certain criminal history record information regarding any employee or adults living in a foster care facility for children is subject to the state open records law. North Dakota Century Code (N.D.C.C.) § 50-11-06.8 requires a foster care facility for children to secure fingerprints and certain

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 98-F-08 Date Issued: March 30, 1998 Requested by: Carol K. Olson, Executive Director, North Dakota Department of Human Services - QUESTION PRESENTED - Whether a nursing facility may require a pharmacist who was chosen by a facility resident to provide drugs using a drug distribution system chosen by the nursing facility. - ATTORNEY GENERAL'S OPINION - It is my opinion that a nursing facility may not require a pharmacist chosen by a facility resident to provide drug

N.D.A.G. Letter to Enget (March 24, 1998) March 24, 1998 Mr. Wade G. Enget Mountrail County State's Attorney PO Box 369 Stanley, ND 58784-0369 Dear Mr. Enget: Thank you for your February 19, 1998, letter in which you have requested information concerning the propriety of a sheriff charging a $10 background check fee to a handgun dealer for conducting a criminal history record check of a purchaser of a handgun from that dealer. For purposes of this discussion, I assume that your sheriff is conducting this background check pursuant to Brady Act procedures. Congre

LETTER OPINION 98-L-29 March 24, 1998 Honorable Lawrence L. “Pete” Naaden State Senator PO Box 53 Braddock, ND 58524-0053 Dear Senator Naaden: Thank you for your memorandum asking whether the Superintendent of Public Instruction can pay special education aid under N.D.C.C. § 15-40.1-07.6 to local school districts educating children from a dissolved school district for the school year immediately following the dissolution. N.D.C.C. § 15-40.1-07.6 provides, in part: 1. [E]ach biennium the superintendent of public inst