North Dakota AG Opinions, 1984

N.D.A.G. Letter to Waldera (Dec. 10, 1984) December 10, 1984 Honorable Gerald J. Waldera State Senator 942 9th Avenue West Dickinson, North Dakota 58601 Dear Senator Waldera: Thank you for your letter of October 29, 1984, inquiring as to whether a school district is a state agency and whether school board members are state officials to the extent that if they follow an opinion of the Attorney General, they are relieved of personal liability for their actions even though the opinion is subsequently overturned by the courts. Section 54-12-01 of the North Dakota Century Code enumerates the dutie

Office of the Attorney General State of North Dakota Opinion No. 84-37 Date Issued: November 14, 1984 Requested by: Lee Christofferson Rolette County State's Attorney --QUESTION PRESENTED-- I. Whether school officials are required to obtain parental consent before a child is interviewed at school by a protective service worker regarding a report of suspected child abuse or neglect. II. Whether school officials are immune from liability if they permit an investigative interview with a child. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that school officials are not required to obtain

Office of the Attorney General State of North Dakota Opinion No. 84-36 Date Issued: November 14, 1984 Requested by: J. O. Wigen Insurance Commissioner --QUESTION PRESENTED-- Whether the term 'custodial care' as used in Section 26.1-04-03(9)(1) of the North Dakota Century Code may be considered care which is both primarily for personal needs and care which is primarily without the supervision of a registered nurse or a licensed practical nurse. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the term 'custodial care' as used in Section 26.1-04-03(9)(1), N.D.C.C., may be considered

Office of the Attorney General State of North Dakota Opinion No. 84-35 Date Issued: November 14, 1984 Requested by: Kent Conrad State Tax Commissioner --QUESTIONS PRESENTED-- I. Whether, for the purpose of the ad valorem tax exemption for a farm residency, net income from farming activities includes cash rents received by the owner of rented farm land. II. Whether, for the purpose of the ad valorem tax exemption for a farm residence, net income from farming activities includes crop shares received by the owner of rented farm land. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that, fo

Office of the Attorney General State of North Dakota Opinion No. 84-34 Date Issued: October 8, 1984 Requested by: James N. Purdy Dickey County State's Attorney --QUESTION PRESENTED-- Whether a deed conveying real property to a trust may be recorded by the county register of deeds without the county auditor's certificate of transfer showing that all delinquent taxes and special assessments have been paid. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a deed conveying real property to a trust may not be recorded by the county register of deeds without the county auditor's certificate

Office of the Attorney General State of North Dakota Opinion No. 84-33 Date Issued: October 4, 1984 Requested by: Ronald J. Weikum Elgin City Attorney --QUESTION PRESENTED-- Whether a city may pay for salary and equipment costs attributable to street maintenance and repairs from its share of highway funds allocated to the city under Section 54-27-19 of the North Dakota Century Code --ATTORNEY GENERAL'S OPINION-- It is my opinion that a city may pay for salary and equipment costs attributable to the maintenance and repair of its streets from the city's share of highway funds allocated to th

Office of the Attorney General State of North Dakota Opinion No. 84-32 Date Issued: August 22, 1984 Requested by: Lyle R. Bopp Sargent County State's Attorney --QUESTION PRESENTED-- Whether a school district may continue to levy a direct, annual, irrepealable tax established to pay principal and interest on the school district's bonds as provided for in Section 21-03-15 of the North Dakota Century Code if there are sufficient monies already in the sinking fund established to pay off the bonds, from previous year's levies to pay the principal and interest on such bonds. --ATTORNEY GENERAL

Office of the Attorney General State of North Dakota Opinion No. 84-31 Date Issued: August 17, 1984 Requested by: Tom P. Slorby Ward County State's Attorney --QUESTION PRESENTED-- Whether a prosecutor who provides child abuse reports to defense counsel as part of required discovery in criminal or juvenile court cases violates the confidentiality provisions of Section 50-25.1-11 of the North Dakota Century Code. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the prosecutor who provides child abuse reports to defense counsel as part of required discovery in crimin

Office of the Attorney General State of North Dakota Opinion No. 84-30 Date Issued: August 17, 1984 Requested by: Representative Earl R. Pomeroy --QUESTIONS PRESENTED-- I. Whether a leasehold interest may constitute sufficient ownership to comply with licensing requirements for the operation of a treatment or care center for developmentally disabled persons under Chapter 25-16 of the North Dakota Century Code. II. Whether the operator of a treatment or care center for developmentally disabled persons, which conducts its operation in a facility financed in part through

Date Issued: July 9, 1984 (AGO 84-29) Requested by: Kent Conrad Tax Commissioner - QUESTIONS PRESENTED - I. Whether the exemption provided for new single family residential property pursuant to 1983 N.D. Session Laws 597, Section 1 must be prorated if the first owner, after the builder, sells the property before the exemption period has expired. II. Whether the exemption provided for new condominium and townhouse residential property pursuant to 1983 N.D. Session Laws 597, Section 2 is available, on a prorated basis, to the first owner after the builder who resides on t

Date Issued: June 22, 1984 (AGO 84-28) Requested by: Brian C. McClure, Director Central Personnel Division - QUESTION PRESENTED - Whether the State Personnel Board has the authority pursuant to Section 54-44.3-20 of the North Dakota Century Code and Section 54-44.3-21, N.D.C.C., to exempt from classification the nonteaching staffs at Bismarck Junior College, University of North Dakota-Williston Center, and Lake Region Community College for a period of one year until July 1, 1985. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State Personnel Board does not h

Date Issued: May 30, 1984 (AGO 84-27) Requested by: James N. Purdy Dickey County State's Attorney - QUESTION PRESENTED - Whether the operator of a truck is legally obligated to stop his truck at a weigh station when directed to do so by an official highway sign. - ATTORNEY GENERAL'S OPINION - It is my opinion that the operator of a truck is legally obligated to stop his truck at a weigh station when directed to do so by an official highway sign. - AN

Office of the Attorney General State of North Dakota Opinion No. 84-26 Date Issued: May 29, 1984 Requested by: Charles J. Gilje, Stutsman County State's Attorney --QUESTION PRESENTED-- Whether a board of county commissioners can grant applications for abatement and refund of ad valorem property taxes to property owners within a school district where the school district is in the process of dissolution and where the prior year certified tax levy will create a surplus of revenue that will be enjoyed by the absorbing school districts. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a boa

Date Issued: May 10, 1984 (AGO 84-25) Requested by: Gail Hagerty Burleigh County State's Attorney - QUESTION PRESENTED - Whether an educational organization, as defined in chapter 53-06.1 of the North Dakota Century Code, must obtain a state gaming license to conduct a raffle in which the first prize exceeds $1,000.00 and the aggregate of the prizes exceeds $2,000.00 in value. - ATTORNEY GENERAL'S OPINION - It is the opinion of the Attorney General that an educational organization, as defined in chapter 53-06.1, N.D.C.C., must obtain a state gaming license for a raffle in which the first

Office of the Attorney General State of North Dakota Opinion No. 84-24 Date Issued: May 10, 1984 Requested by: J. O. Wigen Commissioner of Insurance --QUESTIONS PRESENTED-- I. Whether the words 'insured' and 'subscriber' as used in Sections 26-03.1-04.2 and 26.1-17-13 of the North Dakota Century Code refer to the individual person indemnified against loss. II. Whether the 'additional premium' mentioned in Sections 26-03.1-04.1 and 26.1-17- 13, N.D.C.C., is subject to the filing, approval, and grievance procedures set out in Sections 26.1-17.16 through 26.1-17-28, N.D.C.C. III. Whether the

Date Issued: May 9, 1984 (AGO 84-23) Requested by: F. E. Foughty Attorney for Ramsey County Water Resource District - QUESTIONS PRESENTED - I. Whether a water resource board interferes with the powers delegated to an adjoining water resource board in exercising the power to levy special assessments in an adjoining county. II. Whether a water resource board may establish an assessment district project that includes land in adjacent counties and then levy and require the collection of assessments on the land that is benefited by the project which lies in another county. - ATTORNEY GENERAL'

Date Issued: April 25, 1984 (AGO 84-22) Requested by: Neil W. Fleming Pembina County Water Resource Board Attorney - QUESTION PRESENTED - Whether a water resource board must maintain assessment drains and advertise for bids for maintenance for the drains pursuant to the authority under which the drains were established. - ATTORNEY GENERAL'S OPINION - It is my opinion that a water resource board must maintain assessment drains or advertise for bids for maintenance of the drains pursuant to the authority under which the drains were established. - ANALYSIS - Pursuant to section 61-16.1-61 o

Date Issued: April 13, 1984 (AGO 84-21) Requested by: Tom P. Slorby Ward County State's Attorney - QUESTIONS PRESENTED - I. Whether a board of county commissioners can increase from three to five the number of managers on a water resource board. II. Whether boards of county commissioners must comply with the requirements of section 61-16-08 of the North Dakota Century Code when appointing managers to water resource boards. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a board of county commissioners can increase the number of managers on a water resource board from three to fiv

Date Issued: April 11, 1984 (AGO 84-20) Requested by: Larry Quast Stanton City Attorney - QUESTION PRESENTED - Whether a municipality which has financed an electric transmission line through the issuance and sale of revenue bonds pursuant to chapter 40-35 of the North Dakota Century Code has the authority to refinance a portion of that obligation by special assessments. - ATTORNEY GENERAL'S OPINION - It is my opinion that a municipality which has financed an electric transmission line through the issuance and sale of revenue bonds pursuant to chapter 40-35, N.D.C.C., does not have th

Date Issued: April 4, 1984 (AGO 84-19) Requested by: Margy Bonner Williston Assistant City Attorney - QUESTIONS PRESENTED - I. Whether following a conviction of driving under suspension, a person is subject to the mandatory sentencing provisions of section 39-06-42(2) of the North Dakota Century Code, where the suspension resulted from both alcohol and nonalcohol offenses although the alcohol offense actually triggered the suspension. II. Whether following a conviction of driving under suspension or revocation a person is subject to the mandatory sentencing provisions of section 39-06-42

Date Issued: March 30, 1984 (AGO 84-18) Requested by: Tom P. Slorby Ward County State's Attorney - QUESTION PRESENTED - Whether a county may purchase highway equipment with its share of dedicated highway funds allocated to the county under the provisions of section 54-27-19 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county may purchase highway equipment with its share of dedicated highway funds allocated to the county under the provisions of section 54-27-19, N.D.C.C. - ANALYSIS - Article X, Section 11 (formerly Article 56), of the North Dako

Date Issued: March 30, 1984 (AGO 84-17) Requested by: Gail Hagerty Burleigh County State's Attorney - QUESTION PRESENTED - Whether the exemptions under section 28-22-03.1 of the North Dakota Century Code are exemptions available to nonbankrupt debtors. - ATTORNEY GENERAL'S OPINION - It is my opinion that the exemptions under section 28-22-03.1, N.D.C.C., are not exemptions available to nonbankrupt debtors. - ANALYSIS - The 1981 North Dakota Legislative Assembly enacted Sectio

Date Issued: March 23, 1984 (AGO 84-16) Requested by: Gail Hagerty, Burleigh County State's Attorney - QUESTIONS PRESENTED - I. Whether a violation of section 39-21-41.2 of the North Dakota Century Code constitutes an infraction under section 12.1-32-01, N.D.C.C., or a noncriminal traffic violation under section 39-06.1-02, N.D.C.C. II. Whether, following a conviction for violation of section 39-21-41.2, N.D.C.C., a fine may be suspended upon proof of acquisition by the defen

Date Issued: March 8, 1984 (AGO 84-15) Requested by: Stark County State's Attorney Owen K. Mehrer - QUESTION PRESENTED - Whether the issuance of an adult abuse protection order as set out in section 14-07.1-02 of the North Dakota Century Code is a condition precedent to use of the warrantless arrest provisions of section 14-07.1-06, N.D.C.C. - ATTORNEY GENERAL'S OPINION - It is my opinion that the issuance of an adult abuse protection order as set out in sec

Date Issued: February 29, 1984 (AGO 84-14) Requested by: Lieutenant Governor Ernest M. Sands - QUESTIONS PRESENTED - I. Whether a sheriff has the authority to cause a motor vehicle to be weighed to determine if the vehicle's weight is in excess of the posted weight limits. II. Whether counties have the authority to provide for a criminal penalty to be imposed upon the operator of an overweight motor vehicle. - ATTORNEY GENERAL'S OPINION - I. It is my opinion t

Date Issued: February 13, 1984 (AGO 84-13) Requested by: Ronald W. McBeth Richland County Assistant State's Attorney - QUESTION PRESENTED - Whether a lis pendens can be recorded without first being acknowledged. - ATTORNEY GENERAL'S OPINION - It is my opinion that a lis pendens cannot be recorded without first being acknowledged. - ANALYSIS - Section 28-05-07 of the North Dakota Century Code provides for the filing of a lis pendens in an action relating to real pr

Date Issued: February 8, 1984 (AGO 84-12) Requested by: Robert W. Peterson State Auditor - QUESTION PRESENTED - Whether a board of county commissioners may provide reimbursement, pursuant to section 11-11-14(9) of the North Dakota Century Code, for travel expenses incurred by county officials and employees in excess of the reimbursement provided for by section 54-06-09, N.D.C.C. - ATTORNEY GENERAL'S OPINION - It is my opinion that a board of county commissioners may n

Date Issued: February 8, 1984 (AGO 84-11) Requested by: J. M. Vukelic Hettinger County State's Attorney - QUESTION PRESENTED - Whether the fee for filing a statement of claim on severed minerals that incorporates by reference an attached listing of numerous legal descriptions should be determined pursuant to section 11-18-05(1)(a) or section 11-18-05(1)(b) of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that the fee for filing a statement of claim on severed minerals that incorporates by reference an attached listing of numerous legal d

Office of the Attorney General State of North Dakota Opinion No. 84-10 Date Issued: February 6, 1984 Requested by: Ben Meier Secretary of State --QUESTION PRESENTED-- Whether the Emergency Commission has the authority to authorize institutions of higher education to expend carry-over income deposited in their special revenue accounts established in Section 15-10-12 of the North Dakota Century Code, when such revenue is in excess of the estimated income projected in the biennial appropriations bills for those institutions. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the Emergency

Date Issued: January 31, 1984 (AGO 84-9) Requested by: Randy A. Deede, Nelson County State's Attorney - QUESTION PRESENTED - Whether a mayor has the authority to issue a limited motor vehicle operator's license to a person whose North Dakota driver's license has been suspended. - ATTORNEY GENERAL'S OPINION - It is my opinion that a mayor does not have authority to issue a limited motor vehicle operator's license to a person whose North Dakota driver's license has been suspended. - ANALYSIS - Section 39-06-01 of the North Dakota Century Code, provides as follows: 39-06-01. OPERATORS MUST

Date Issued: January 27, 1984 (AGO 84-8) Requested by: Senator Donald J. Kilander - QUESTION PRESENTED - Whether a building has to be completed by the February first assessment date before it can qualify for the family residential tax exemption. - ATTORNEY GENERAL'S OPINION - It is my opinion that a building does not have to be completed by the February first assessment date before it can qualify for the family residential tax exemption. - ANALYSIS - Senate Bill 2502 (1983 N.D. S.L. 597) amended and reenacted Senate Bill 2295 (1983 N.D. S.L. 601). Although this legislation created and en

Date Issued: January 27, 1984 (AGO 84-7) Requested by: Jerome L. Renner, Kidder County State's Attorney - QUESTIONS PRESENTED - I. Whether a board of county commissioners can terminate a county road program enacted under section 57-15-06.3 of the North Dakota Century Code without the approval of the county electorate. II. Whether the funds generated under a county road program can be expended for purposes not specified in the county road program. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a board of county commissioners cannot terminate a county road program enacted under se

Date Issued: January 23, 1984 (AGO 84-6) Requested by: LeRoy Erickson, State Senator - QUESTIONS PRESENTED - I. Whether an individual who did not earn wages sufficient to meet the eligibility requirements of section 52-06-04(1)(b) of the North Dakota Century Code is monetarily ineligible for unemployment compensation benefits? II. Whether an employer is liable for unemployment compensation taxes where the employer's employees are monetarily ineligible pursuant to section 52-06-04(1)(b), N.D.C.C.? - ATTORNEY GENERAL'S OPINION - I. It is my opinion that

Date Issued: January 19, 1984 (AGO 84-5) Requested by: James F. Twomey Cass County Assistant State's Attorney - QUESTION PRESENTED - Whether otherwise privileged information concerning the treatment of a child at a medical facility is available for review to determine if there exists probable cause to believe child abuse or neglect is indicated. - ATTORNEY GENERAL'S OPINION - It is my opinion that otherwise privileged information concerning the treatment of a child at a medical facility is available for review to determine if there exists probable cause to believe child abuse or neglect

Date Issued: January 10, 1984 (AGO 84-4) Requested by: Ben Meier, Secretary of State - QUESTION PRESENTED - Whether a candidate's committee is subject to the reporting requirements of chapter 16.1-08.1 of the North Dakota Century Code or chapter 16.1-08, N.D.C.C. - ATTORNEY GENERAL'S OPINION - It is my opinion that a candidate's committee is subject to the reporting requirements of chapter 16.1-08.1, N.D.C.C., and not the provisions of chapter 16.1-08, N.D.C.C. - ANALYSIS - Chapter 16.1-08.1, N.D.C.C., deals with campaign contribution statements. The chapter requires that campaign co

Date Issued: January 6, 1984 (AGO 84-3) Requested by: Sheriff Ken Halvorson, Chairman Peace Officers Standards and Training Board - QUESTIONS PRESENTED - I. Whether nonexempt part-time peace officers are required by state law to attend the certified basic training course offered at the law enforcement training center. II. Whether the superintendent of the highway patrol has the authority to adopt rules establishing acceptance and preentrance requirements for any person who is required to attend a course at the law enforcement training center. - ATTORNEY GENERAL'S

Date Issued: January 6, 1984 (AGO 84-2) Requested by: Charles Gilje Stutsman County State's Attorney - QUESTION PRESENTED - Whether the provisions of section 40-24-10 of the North Dakota Century Code, constitute a general limitation on a county's financial participation in the cost of a paving project initiated under section 11-11-55.1, N.D.C.C. - ATTORNEY GENERAL'S OPINION - It is my opinion that the provisions of section 40-24-10, N.D.C.C., do not constitute a general limitation on a county's participation in the cost of a paving project initiated under section 11-11-55.1, N.D.C.C. - A

Date Issued: January 5, 1984 (AGO 84-1) Requested by: Ronald G. Splitt, LaMoure County State's Attorney - QUESTION PRESENTED - Whether a board of county commissioners may utilize tax revenues generated under an approved, but incomplete, program for the construction of farm-to-market roads authorized by section 57-15-06.3 of the North Dakota Century Code for the maintenance of roads previously constructed under such a program. - ATTORNEY GENERAL'S OPINION - It is my opinion that a board of county commissioners may not utilize tax revenues generated under an approved, but incomplet