North Dakota AG Opinions, 1978

OPINION 78-25 December 22, 1978 (OPINION) Mr. A. S. Benson Bottineau County State's Attorney Benson and Schnell Benson Building 616 Main Street Bottineau, ND 58318 Dear Mr. Benson: This is in response to your letter of December 1, 1978 wherein you ask our opinion on certain matters concerning the salary of the Bottineau County Superintendent of Schools. You state that in 1968 Bottineau County entered into a written agreement with Rolette County providing for a common county superintendent of schools, pursuant to North Dakota Century Code Section 15-22-25. You set forth t

OPINION 78-86 December 20, 1978 (OPINION) Mr. Byron L. Dorgan Tax Commissioner State Capitol Bismarck, ND 58505 Mr. Walter Christensen State Treasurer State Capitol Bismarck, ND 58505 Gentlemen: This is in response to your letter of November 30, 1978, to me in which you requested my opinion in answer to several questions you asked that relate to Initiated Measure No. 1 which was approved by the people at the November 7, 1978, general election. As you indicated, that initiated measure provides for revenue sharing by the state to counties, cities, city park districts, an

OPINION 78-4 December 4, 1978 (OPINION) Mr. T. N. Tangedahl Executive Director Social Service Board of North Dakota State Capitol Bismarck, North Dakota 58505 Dear Mr. Tangedahl: This is in response to your November 17, 1978, letter requesting a formal opinion relative to the method of handling a child support payment made on behalf of a former recipient of assistance under the Aid to Families with Dependent Children Program (AFDC). Apparently, a question has arisen as to whether the child support payment, which represented an arrearage, should be forwarded to the Social Se

OPINION 78-151 December 4, 1978 (OPINION) Mr. Robert N. Lee Pembina County State's Attorney Pembina County Courthouse Cavalier, ND 58220 Dear Mr. Lee: This is in response to your September 26, 1978, letter in which you requested an opinion on the residency of an individual for public assistance based on the following factual situation: In October of 1973 an individual came to North Dakota from Minneapolis, Minnesota. She lived in Fort Totten, from October, 1973 to January 1974; she entered a rest home in Devils Lake in January, 1974 and remained there until February, 1975;

OPINION 78-44 November 24, 1978 (OPINION) Mr. Howard J. Snortland, Superintendent North Dakota Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Snortland: This is in response to your letter of October 30, 1978, wherein you requested our opinion on the following questions: 1. Can the county commissioners appoint a nonqualified individual as county superintendent? 2. If there isn't a qualified person available, how should this position be handled in the county? 3. How long would a term consist of for an appointed official? When would this posit

OPINION 78-11 November 24, 1978 (OPINION) Mr. Reuben T. Guenthner Assistant State Director State Board for Vocational Education State Office Building 900 East Boulevard Bismarck, North Dakota 58505 Dear Mr. Guenthner: This is in response to your letter of October 27, 1978. in which you requested an opinion relative to the payment, by the State Board of Public School Education, of state aid to junior colleges pursuant to North Dakota Century Code Section 15-18-07. In your letter you set forth the following facts and questions: The State Board of Public School Education has di

OPINION 78-107 November 15, 1978 (OPINION) Honorable Richard Backes State Representative and Chairman Committee on Legislative Procedure and Arrangements State Capitol Bismarck, ND 58505 Dear Representative Backes: This is in reply to your letter of November 13, 1978, in which you ask the following question: Assuming that the Legislative Assembly wishes to convene its regular session on Wednesday, January 3, 1979, in accordance with Section 54-03-02 of the North Dakota Century Code, is there any potential conflict with Section 53 of the North Dakota Constitution? We note t

OPINION 78-110 November 6, 1978 (OPINION) Mr. Dennis Schulz, Secretary North Dakota Real Estate Commission Box 727 Bismarck, ND 58505 Dear Mr. Schulz: This is in response to your letter of October 12, 1978, wherein you request an opinion of this office relative to certain provisions contained in Section 43-23-08 of the North Dakota Century Code. You submit the following facts and inquiry in your letter: The North Dakota Real Estate Commission request an opinion of your office with regard to whether the Commission may license a real estate broker or salesperson who meets all

OPINION 78-1 November 6, 1978 (OPINION) Mr. Richard L. Schnell Morton County State's Attorney Box 190 Mandan, North Dakota 58554 Dear Mr. Schnell: This office is in receipt of your letter of November 4, 1978, wherein you state: It has been brought to my attention by a letter which is enclosed, by the Morton County Auditor, Edmund Bauer that current Morton County commissioner, Clarence West, who is a candidate for reelection has obtained a number of absentee voter application on which he has signed as agent and that these ballots will be brought in and filed with the Morton

OPINION 78-215 October 26, 1978 (OPINION) Mr. Vern Fahy State Engineer 900 East Boulevard Bismarck, ND 58505 Dear Mr. Fahy: This is in response to your letter dated September 18, 1978, wherein you make the following request for an Attorney General's opinion: Enclosed, for your review, are rules and regulations adopted by the State Water Commission on September 14, 1978. If approved by your office, I will forward them to the Legislative Council for publication in the North Dakota Administrative Code. These regulations are to be promulgated under specific statutory and impli

OPINION 78-162 October 26, 1978 (OPINION) Mr. Q. R. Schulte States Attorney Mountrail County Stanley, ND 58784 Dear Mr. Schulte: This is in response to your letter of October 12 from which the following is quoted: "The City of Stanley owns the Stanley Airport, but it is operated by a Municipal Airport Authority. The Authority leases space for private hangars and during the past years, the Township wherein the airfield is located, has taxed the hangars. The individuals owning the hangars have now made a complaint stating that they should not have to pay any tax on the Mu

OPINION 78-147 October 25, 1978 (OPINION) Honorable Raymon E. Holmberg District 17 1701 Riverside Drive Grand Forks, ND 58201 Dear Senator Holmberg: This is in response to your letter of October 18, 1978, wherein you state the following: This is to request an opinion from your office regarding the following situation: The Memorial Union at the University of North Dakota operates a sign service, which makes available and prepares, a painted banner which is stretched across University Avenue in Grand Forks for various purposes. The banner is available to any University recogn

OPINION 78-67 October 16, 1978 (OPINION) Mr. Donavin L. Grenz Emmons County State's Attorney Box 637 Linton, ND 58552 Dear Mr. Grenz: This office is in receipt of your letter of September 28 wherein you state the following: Three candidates ran for the position of Emmons County Register of Deeds in Emmons County in the primary election. The incumbent Register of Deeds was defeated, but plans to continue her bid for reelection through a sticker and write-in campaign. Neither of the successful primary candidates have withdrawn from the election and therefore there is no vaca

OPINION 78-37 October 10, 1978 (OPINION) Mr. Walton S. Russell Special Assistant Attorney General North Dakota State Board of Registration for Professional Engineers and Land Surveyors P. O. Box 644 Mandan, ND 58554 Dear Mr. Russell: You recently requested, on behalf of the North Dakota State Board for Professional Engineers and Land Surveyors, an opinion from this office as to respective authorities of the board of county commissioners and the county highway engineer in designing and constructing bridges on the county highway system. In summary, your letter indicated that

OPINION 78-76 September 29, 1978 (OPINION) Mr. William G. Goetz Adams County State's Attorney Adams County Courthouse Hettinger, ND 58639 Dear Mr. Goetz: This is in response to your inquiry of September 21, 1978, wherein you state: As Adams County, North Dakota States Attorney I herein request an opinion from your office concerning location of polling places of county elections. Pursuant to the North Dakota Century Code Section 16-09-05, the Board of County Commissioners may change any voting place any precinct and that said voting place may be located in an adjacent count

OPINION 78-133 September 26, 1978 (OPINION) Mr. Edward J. Klecker Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Klecker: This is in response to your letter of August 9, 1978, regarding communications between male and female prisoners. You enclose a copy of a letter addressed to you from the Warden of the North Dakota State Penitentiary, J. H. Havener, along with a memorandum addressed to you from Special Assistant Attorney General Edwin F. Zuern which concludes that North Dakota Century Code Section 12-47-22 "is valid and should be enforced." You then

OPINION 78-73 September 14, 1978 (OPINION) The Honorable Dan Rylance State Representative, 43rd District 924 Sunset Drive Grand Forks, ND 58201 Dear Representative Rylance: This office is in receipt of your letter of September 6, 1978, wherein you state: "Enclosed is a sample machine primary ballot published in the Grand Forks Herald on August 31, 1978. An identical sample machine primary ballot was published in the same newspaper on August 24, 1978. I would like to request a formal opinion from your office as to whether the above sample machine primary ballot constitutes

OPINION 78-58 September 14, 1978 (OPINION) Mr. Ronald G. Splitt LaMoure County State's Attorney 19 1st Ave. N. LaMoure, ND 58458 Dear Mr. Splitt: This is in response to your letter of September 7, wherein you state: I would appreciate an opinion regarding an election question which presented itself at the primary election recently held on September 5th. The sheriff of LaMoure County did not file for reelection and two candidates for the office circulated their petitions for this office and both secured enough signatures to have their names placed upon the ballot at the prima

OPINION 78-30 September 7, 1978 (OPINION) Mr. Gordon J. Taylor Grand Forks County Sheriff Grand Forks, ND 58201 Dear Sheriff Taylor: This is in response to your letter of August 3, 1978 in which you asked whether or not the county commissioners have the authority to "dismiss or terminate Matron's position" in Grand Forks County. You do not indicate in your letter whether you have discussed this matter with the state's attorney in Grand Forks County, who is designated as the legal advisor to county officials insofar as the duty of their offices is concerned. We strongly sugge

OPINION 78-124 September 7, 1978 (OPINION) Mr. Ronald G. Splitt LaMoure County State's Attorney Kessel, Splitt and Kessel 19 1st Avenue North LaMoure, ND 58458 Dear Mr. Splitt: This is in response to your letter of August 19, 1978, concerning microfilming of and access to records of the County Register of Deeds Office In LaMoure County. In your letter you set forth the following facts and questions: The LaMoure County Commissioners recently approved the microfilming of all of the records of the County Register of Deeds Office and have purchased the necessary equipment for

OPINION 78-78 August 31, 1978 (OPINION) Mr. John Romanick State's Attorney McLean County Washburn, ND 58577 Dear Mr. Romanick: This is in response to your letter of August 25, 1978, wherein you inquire: ". . .whether the name of a candidate whose name appears on the no party primary ballot pursuant to the filing of a nomination petition can be stricken from a printed ballot upon the candidate filing a written request with the County Auditor that his name be withdrawn from consideration of the office." The procedure for withdrawing from an election is set forth in N.D.C.C. S

OPINION 78-9 August 21, 1978 (OPINION) Mr. Albert J. Hardy Stark County States Attorney P.O. Box 370 Dickinson, North Dakota 58601 Dear Mr. Hardy: This is in response to your letter of August 15, 1978, with regard to whether a city's annexation of territory will effect legislative district apportionment. You call to our attention paragraphs numbers 37 and 38 of Appendix A shown in the footnote to the 54-03-01.6 heading in the 1977 Supplement to the North Dakota Century Code, in terms as follow: "37. The thirty-seventh legislative district shall consist of the City of Dicki

OPINION 78-182 June 8, 1978 (OPINION) The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in reply to your letter of June 2, 1978, in which you set forth the following facts and questions: "According to a letter received in Governor Arthur A. Link's office, Supreme Court Justice Robert Vogel is resigning his position effective July 31, 1978. "Section 97 of the Constitution, effective in December, 1976, states in part, that a vacancy can be filled by appointment by the governor. The appointment shall continue until the next g

OPINION 78-191 August 3, 1978 (OPINION) The Honorable Byron L. Dorgan State Tax Commissioner State Capitol Bismarck, ND 58505 Dear Mr. Dorgan: I have your letter of June 23, 1978, in which you asked for my opinion on questions relating to the compromise of delinquent real estate taxes pursuant to Section 57-23-07 of the North Dakota Century Code, which authorizes a board of county commissioners, subject to the approval of the State Tax Commissioner, to compromise such taxes "by reason of depreciation in the value of the property or for other valid cause." The situation to wh

OPINION 78-200 July 28, 1978 (OPINION) Mr. Russell Staiger, AIP Assistant Director North Dakota State Planning Division State Capitol Bismarck, ND 58505 Dear Mr. Staiger: This is in response to your letter of July 7, 1978, wherein you request an opinion of this office relative to Section 57-15-10.1 of the North Dakota Century Code, as amended. You set forth the intended use of funds generated by the levy of the one-half mill contemplated by the statute and ask whether such use would be in accord with the statute. You submit the following in your letter: "Several North Da

OPINION 78-165 July 25, 1978 (OPINION) Ms. Janet Sauter Secretary Public Service Commission State Capitol Bismarck, ND 58505 Dear Ms. Sauter: This is in response to your request for an opinion regarding the authority of the Public Service Commission to cooperate with the United States Department of Interior in the administration of the abandoned lands program under the federal Surface Mining Control and Reclamation Act of 1977 (hereinafter referred to as Public law 95-87) and the state Reclamation of Surface Mined Lands Act. (Chapter 38-14 of the North Dakota Century Code)

OPINION 78-34 July 19, 1978 (OPINION) Mr. C. E. Crane, Esquire Hettinger County State's Attorney Box 99 Mott, ND 58646 Dear Mr. Crane: This is in response to your letter of June 28, 1978, in which you inquired as to certain powers of the county coroner under North Dakota Century Code Chapter 11-19. In your letter you set forth the following facts, questions, and opinion: Hettinger County having a population of less than 8,000 people is governed by Chapter 11-19 entitled COUNTY CORONER, subject to certain exceptions (the Section 11-19.1-17). The coroner of the County having

OPINION 78-52 July 14, 1978 (OPINION) Mr. Jonathan Thomson Executive Director Republican State Committee Box 1917 Bismarck, ND 58501 Dear Mr. Thomson: This is in reply to your letter of July 13, 1978, in which you state the following facts and questions: "With the Primary election approaching shortly our precinct committeemen/women will be filing their petitions with their county auditor 40 days prior to September 15th. "There seems to be confusion as to whether or not the precinct committeemen/women must file a Financial Disclosure Statement with their petition. May I ha

OPINION 78-169 July 11, 1978 (OPINION) Mr. A. S. Benson Attorney-at-law Benson Building 616 Main Street Bottineau, ND 58318 Dear Mr. Benson: This is in response to your letter of June 16, 1978, wherein you request an opinion of this office relative to Section 11-28.2-02 of the North Dakota Century Code, as amended, and its application to certain proceedings which you have described in your letter of inquiry. You submit the following facts and data in your letter: I am requesting an opinion from your office relative to the establishment of a recreation district in the Lake

OPINION 78-196 July 5, 1978 (OPINION) Mr. Thomas B. Jelliff States Attorney Grand Forks County P. O. Box Grand Forks, ND 58201 Dear Mr. Jelliff: As a result of a letter you received from the Grand Forks County Director of Tax Equalization, you have asked this office to respond with an opinion to the questions contained therein. The first question is set forth as follows: 1. Is a farm laborer a farmer as defined in Subsection 15 of Section 57-02-08, N.D.C.C., and the residence which he occupies on the farm, as defined in such Subsection 15, on which he works exempt from ta

OPINION 78-178 June 30, 1978 (OPINION) Mr. Leroy P. Anseth, Esquire Williams County State's Attorney P. O. Box 476 Williston, ND 58801 Dear Mr. Anseth: This is in response to your letter of May 4, 1978, in which you request our opinion on North Dakota Century Code Section 11-16-09. You point out that all attorneys, including state's attorneys, are now required to accumulate fifteen hours a year of continuing legal education. You point out that under Section 11-16-09 each county must establish a State's Attorney's Contingent Fund, the amount of which is determined based upon

OPINION 78-80 June 29, 1978 (OPINION) Charles E. Crane, Esquire Hettinger County State's Attorney 105 East Third Street Mott, ND 58646 Dear Mr. Crane: This is in response to your letter of June 5, 1978, regarding the interpretation and construction of certain sections of Title 39 of the North Dakota Century Code. You first cite subsection 2 of section 39-01-01, regarding the definition of Class A Authorized Emergency Vehicles. Next, you cite North Dakota Century Code section 39-10-03, which section exempts the driver of a Class A Authorized Emergency Vehicle from certain ru

OPINION 78-20 June 27, 1978 (OPINION) Honorable Bruce Hagen North Dakota Public Service Commissioner State Capitol Bismarck, North Dakota 58505 Dear Mr. Hagen: This is in reply to your letter of June 9, 1978, relative to Section 185 of the North Dakota Constitution. You state the following facts and questions: "The State Intermodal Transportation Team is currently involved in planning for North Dakota's response to the threatened abandonment of certain railroad lines in North Dakota. Among several alternatives, the concept of a combined federal, state, and local governme

OPINION 78-105 June 1, 1978 (OPINION) The Honorable Wayne K. Stenehjem State Representative District 42 3712 Berkeley Drive, No. 6 Grand Forks, ND 58201 Dear Representative Stenehjem: This is to acknowledge receipt of your letter in which you set forth the following: This letter is a request for an opinion from your office regarding Section 47-16-13.1 of the North Dakota Century Code. As you know, that Section is the new statute enacted by the 1977 Session of the North Dakota Legislative dealing with the disposition of moneys tenants are frequently required to deposit with

May 12, 1978 Mr. Robert W. Kinsey State’s Attorney Divide County Crosby, North Dakota 58730 Dear Mr. Kinsey: This is in reply to your letter of May 5, 1978, relative to the authority of a hospital district. You state the following facts and questions: The St. Luke’s Hospital in Crosby, North Dakota is presently operated by an order of Catholic nuns with its headquarters in Richardton, North Dakota. The hospital is interested in determining whether or not it may initiate a hospital district pursuant to Chapter 23-30 of the North Dakota Century Code. Specifically, the hospital wants to know

OPINION 78-55 May 4, 1978 (OPINION) Mr. Mikal Simonson Assistant State's Attorney Barnes County Courthouse Valley City, ND 58072 RE: Voting Machines Dear Mr. Simonson: This is in reply to your letter of April 27 1978, in which you set forth the following facts and questions: Margaret Conlon, the Barnes County Auditor, has requested that I write to you concerning the need for paper ballots at precincts that use voting machines or electronic voting systems. Recently, Barnes County purchased CES Votamatic systems. These involve the punching of cards with a stylus and then

OPINION 78-154 May 4, 1978 (OPINION) The Honorable Myron Just Commissioner of Agriculture Chairman, North Dakota State Potato Council State Department of Agriculture State Capitol Bismarck, ND 58505 Dear Commissioner Just: This is in response to your letter of March 8, 1978, wherein you requested our opinion as to whether or not certain records of the North Dakota State Potato Council must be made available to the Crop Reporting Service in Fargo, North Dakota. In your letter, you state as follows: The North Dakota State Potato Council has received a request from the Fede

May 3, 1978 Mr. Thomas J. Clifford, President University of North Dakota Grand Forks, ND 58202 RE: Open Governmental Meeting Law -- Family Educational Rights and Privacy Act Dear President Clifford: This is in reply to your letter of April 26, 1978, relative to the above captioned matter. You state the following facts and questions: “In light of the recent Florida District Court of Appeal decision entitled Marston v. Gainesville Sun Publishing Co., Inc., 341 So.2d 783 (1977), a copy of which is enclosed for your convenience, I am writing to request your opinion as to whether or not the Famil

OPINION 78-119 May 2, 1978 (OPINION) Mr. F. John Marshall Grand Forks City Attorney P. O. Box 216 Grand Forks, ND 58201 Dear Mr. Marshall: This is in reply to your letter of December 21, 1977, requesting the opinion of this office on four questions relating to motor vehicle operator's license revocation hearings conducted pursuant to Chapter 39-20, N.D.C.C. Your question are as follows: 1. May a municipal prosecutor attend an Implied Consent Administrative hearing to represent policemen and their witnesses? 2. May a police officer at an Implied Consent Administrative

OPINION 78-127 April 27, 1978 (OPINION) Mr. John A. Zuger Attorney for the City of Bismarck P. O. Box 1695 Bismarck, ND 58501 Dear Mr. Zuger: You have informed me by letter that two hospitals in Bismarck, The Bismarck Hospital and St. Alexius Hospital, have acquired real property for the offstreet parking of motor vehicles. Both hospitals are exempt from real property taxation pursuant to the provisions of Section 176 of the North Dakota Constitution and Subsection 8 of Section 57-02-08 N.D.C.C. You have asked for an opinion concerning the question of whether these offst

OPINION 78-203 April 11, 1978 (OPINION) The Honorable Byron L. Dorgan Commissioner Office of State Tax Commissioner State Capitol Bismarck, ND 58505 Dear Mr. Dorgan: This is in reply to your letter requesting the opinion of this office on a number of questions pertaining to licensing of cigarette dealers and distributors and the collection of cigarette taxes on cigarettes sold on Indian reservations in this state. As you noted, the provisions for licensing cigarette dealers and distributors are administered by this office and the provisions for collection of cigarette taxes

OPINION 78-186 April 11, 1978 (OPINION) Mr. Irvin Riedman, Director Parole and Probation Department State of North Dakota Box 1497 Bismarck, ND 58505 Dear Mr. Riedman: This is in response to your letter dated March 9, 1978. In that letter you bring to our attention the following facts and questions: We seem to be having a lot of problems with the SUSPENDED SENTENCE law. It was changed in 1977 so that the judge has jurisdiction over people on suspended sentences. Many of the courts are sentencing people for 4 to 5 years and suspending 3 years/2 years and advising them t

March 31, 1978 The Honorable Burness Reed State Representative 17th District 211 Fenton Avenue Grand Forks, ND 58201 Dear Representative Reed: This is in reply to your letter of March 17, 1978, in which you set forth the following facts and questions: I am writing for an opinion on what appears to me to be a violation of the “open meetings” law as specified in NDCC 11-11-05. The Grand Forks Board of County Commissioners met in regular meeting Tuesday morning, March 14, and recessed that meeting until 1:30 Thursday, March 16. At that time they planned to name a person to s

OPINION 78-122 March 31, 1978 (OPINION) Mr. Stephen M. McLean City Attorney City of Oakes P. O. Box 20 Oakes, ND 58474 Dear Mr. McLean: This is in response to your letter to this office dated February 9, 1978. In your letter you bring the following facts and questions to our attention: I am presently the City Attorney for the City of Oakes, N.D. In April we will be holding elections for Mayor, Councilmen, and Police Magistrate. (Signed petitions must be in by March 4, 1978). The issue has been raised whether or not any attorney who is a County Justice in a different co

OPINION 78-174 March 15, 1978 (OPINION) The Honorable Evan E. Lips State Senator, 47th District P. O. Box 775 Bismarck, ND 58501 Dear Senator Lips: This is in reply to your letter of March 3, 1978, relative to the nonrenewal of a teacher's contract under Section 15-47-38(5) of the N.D.C.C. You state the following facts and questions: A matter has arisen which is of the utmost concern to North Dakota school boards and which they have requested I communicate with you about. The issue is of considerable importance and I feel an Opinion needs to be issued to direct our schoo

OPINION 78-157 March 15, 1978 (OPINION) The Honorable Gary J. Nelson State Senator, 22nd District Box 337 Casselton, ND 58012 Dear Senator Nelson: This is in reply to your letter of March 9, 1978, wherein you set forth the following facts and questions: The question I have, concerns section 154 of the Constitution. The current method used to establish the number of children of school age is the school census. My question is, would it in your opinion be in conflict with the constitution to use ADM (average daily membership) or some other method to determine the number of ch

February 23, 1978 Mr. Russell Staiger Assistant Director State Planning Division State Capitol Bismarck, North Dakota 58505 Dear Mr. Staiger: This is in reply to your letter of February 15, 1978, relative to the open records statute. You state the following facts and questions: Recently the State Planning Division received a request for copies of documents related to an evaluation of the eight regional councils which is currently underway. The requested documents are in limited numbers and therefore, the Division would have to reproduce additional copi