North Dakota AG Opinions, 2001

LETTER OPINION 2001-L-52 December 17, 2001 Ms. H. Jean Delaney Barnes County Assistant State’s Attorney 230 4th Street NW Valley City, ND 58072-2947 Dear Ms. Delaney: Thank you for your letter inquiring whether the Valley City Police Department or the Barnes County Sheriff has the responsibility to transport individuals who are subject to involuntary commitment to the North Dakota State Hospital. The purpose of N.D.C.C. ch. 25-03.1 is to “[p]rovide prompt evaluation and treatment of persons with serious mental disorders or chemical dependency” through the “full use of all existing agencies [a

FORMAL OPINION 2001-F-10 DATE ISSUED: December 11, 2001 REQUESTED BY: Eric Hardmeyer, President, Bank of North Dakota QUESTION PRESENTED To what extent is the Bank of North Dakota required to maintain the confidentiality of information regarding customers of the Bank of North Dakota. ATTORNEY GENERAL’S OPINION It is my opinion the Industrial Commission, as managing body of the Bank of North Dakota, is required to disclose upon request the name of any person who has obtained financing from the Bank of North Dakota and the amount of financing provided to that person, except for consumer bor

LETTER OPINION 2001-L-51 November 28, 2001 Mr. Dennis Schulz Secretary-Treasurer North Dakota Real Estate Commission PO Box 727 Bismarck, ND 58502-0727 Dear Mr. Schulz: Thank you for your letter asking whether state or federal law requires real estate agents to reveal to a prospective buyer of a home that the home has been used as a methamphetamine (meth) lab. I will answer your question in the context of assisting you in giving guidance to real estate brokers concerning their responsibilities to make disclosure in the context of potential disciplinary actions against lice

LETTER OPINION 2001-L-50 November 21, 2001 Honorable James M. Kasper State Representative 1128 Westrac Drive Fargo, ND 58103-2342 Dear Representative Kasper: Thank you for your letter asking several questions about possible actions the Legislative Assembly may take in the upcoming special session regarding Senate Bill 2191, which has been referred and will be voted upon by the people at the June 2002 primary election. Senate Bill 2191, which deals with disclosure of financial information by financial institutions, was passed by the 57th Legislative Assembly and carried a

LETTER OPINION 2001-L-49 November 19, 2001 The Honorable Bob Stenehjem State Senator 7475 41st St SE Bismarck, ND 58504-3200 Dear Senator Stenehjem: You asked whether the Governor must submit the names of three persons appointed to office since the 2001 Legislature adjourned to the Senate for confirmation during the upcoming special session of the Legislative Assembly. You also inquire about a vacancy on the State Gaming Commission. The Governor recently issued an executive order calling the 57th Legislative Assembly into special session on November 26, 2001. 1 Since adjourn

LETTER OPINION 2001-L-48 November 9, 2001 Ms. Merle A. Torkelson McLean County State’s Attorney PO Box 1108 Washburn, ND 58577-1108 Dear Ms. Torkelson: Thank you for your request for my opinion on several issues relating to the renovation or reconstruction of the McLean County Courthouse. I will address your questions in the order presented in your letter. Your first question relates to borrowing money from the coal development trust fund for purposes of constructing a new county courthouse. In order to be eligible for a loan from the coal development trust fund, an impacted county must “

LETTER OPINION 2001-L-47 November 9, 2001 The Honorable Dennis Renner State Representative District 31 4530 Hwy 6 Mandan, ND 58554 Dear Representative Renner: Thank you for your letter requesting an opinion regarding the authority or responsibility of the Morton County Commission with respect to a trail across one farmer’s land which provides access to another farmer’s land. 1 In early 1976, the Fischers approached the Morton County Commission requesting that the Commission open a section line running across the Berger property to enable Fischer to move cattle and hay more easily from his hom

OPEN RECORDS AND MEETINGS OPINION 2001-O-16 DATE ISSUED: November 9, 2001 ISSUED TO: Roger Johnson, Commissioner of Agriculture CITIZEN’S REQUEST FOR OPINION On November 8, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Eric Aasmundstad asking whether the nominating committee for the member at large position on the North Dakota Wheat Commission violated N.D.C.C. § 44-04-21 by selecting three nominees to submit to the Governor by unsigned, written ballots. FACTS PRESENTED Section 4-28-03, N.D.C.C., appoints

OPEN RECORDS AND MEETINGS OPINION 2001-O-15 DATE ISSUED: November 5, 2001 ISSUED TO: Mary O'Donnell, Rolette County State's Attorney CITIZEN’S REQUEST FOR OPINION On September 7, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Dawn Bruce alleging the Rolette County Social Service Board violated various sections of the open meetings law regarding an August 8, 2001, special meeting of the Board. The same day, this office received a request from Ella Davis alleging similar violations by the Board regarding a regular meeting and a

FORMAL OPINION 2001-F-09 DATE ISSUED: November 2, 2001 REQUESTED BY: Senator Ben Tollefson QUESTION PRESENTED Whether a home rule city may establish a special assessment district that would include tax exempt property for the purpose of causing ta x exempt entities to pay a portion of city, police, and fire protection costs. ATTORNEY GENERAL’S OPINION It is my opinion that the North Dakota Constitution prohibits a home rule city from levying a special assessment on tax exempt entities for the recovery of costs relating to generally available city services. ANALYSIS A city’s home rule auth

LETTER OPINION 2001-L-46 October 23, 2001 Mr. James D. Gion Hettinger County State’s Attorney PO Box 101 Regent, ND 58650-0101 Dear Mr. Gion: Thank you for your letter asking whether the Legislature intended to limit all park districts’ general fund levy to 35 mills when it enacted 2001 House Bill 1031. The 2001 Legislative Assembly enacted, and the Governor approved, House Bill 1031, which, among other things, amended N.D.C.C. § 57-15-12 to read as follows: The aggregate amount levied for park district general fund purposes, exclusive of levies to pay interest on bonded deb

LETTER OPINION 2001-L-45 October 22, 2001 Dr. Kermit Lidstrom Chairman Education Factfinding Commission 630 Remington Avenue Bismarck, ND 58503-1041 Dear Dr. Lidstrom: Thank you for your letter asking whether both a school board and the representative organization with which it is negotiating must agree that an impasse exists in order for the Education Factfinding Commission to provide assistance. The 2001 Legislative Assembly enacted N.D.C.C. §§ 15.1-16-14 and 15.1-16-15 to replace former N.D.C.C. § 15-38.1-13. With respect to the existence of an impasse, N.D.C.C. § 15.1-

LETTER OPINION 2001-L-44 October 22, 2001 Mr. Sparb Collins Executive Director Public Employees Retirement System 400 East Broadway, Suite 505 PO Box 1657 Bismarck, ND 58502-1657 RE: Defined Contribution Transfer Amount Dear Mr. Collins: Thank you for your letter regarding recent legislative changes to N.D.C.C. § 54-52.6-03(1) regarding the defined contribution retirement plan. You indicate that a bill to authorize an additional enrollment period for the defined contribution retirement plan, 2001 House Bill 1216, was amended during the legislative process. The origin

LETTER OPINION 2001-L-43 October 18, 2001 Honorable Ken Solberg State Senator 207 Sunset Lane Rugby, ND 58368-2510 Dear Senator Solberg: Thank you for your letter asking about a county’s expenditure of insurance proceeds obtained due to the loss of a building by fire. I understand from your letter that a county-owned building was destroyed by fire, and that the North Dakota Fire and Tornado Fund has adjusted the loss and paid the county for the building and its contents pursuant to N.D.C.C. ch. 26.1-22. You state the board of county commissioners appointed a “citizens committee” to

LETTER OPINION 2001-L-42 October 10, 2001 Mr. Lonnie W. Olson Ramsey County State’s Attorney 524 4th Avenue #16 Devils Lake, ND 58301 Dear Mr. Olson: Thank you for your letters regarding the right of governmental entities to vote on the creation of a special assessment district when their property is benefited and will be assessed. More specifically, you questioned whether Ramsey County and the Ramsey County Water Resource District have the right to vote on the creation of a special assessment district that includes county properties. In discussing this matter with local officials, it

LETTER OPINION 2001-L-41 October 9, 2001 Honorable Rick Clayburgh State Tax Commissioner 600 East Boulevard Avenue Bismarck, ND 58505-0599 Dear Mr. Clayburgh: Thank you for your letter written on behalf of the State Board of Equalization relating to the exemption provisions of N.D.C.C. § 57-02-10. The question presented in your letter relates to lands subject to permanent easements under the United States Department of Agriculture Natural Resources Conservation Service’s Emergency Watershed Protection (EWP) Program. You indicate there are three categories of easements in the E

LETTER OPINION 2001-L-40 October 9, 2001 Mr. Fabian E. Noack Foster County State’s Attorney PO Box 15 Carrington, ND 58421 Dear Mr. Noack: Thank you for your letter asking whether a clerk of district court may serve as deputy for the register of deeds and whether the register of deeds may serve as deputy for the clerk of district court. Section 11-10-11, N.D.C.C., states: (Effective through December 31, 2002) Appointment and salary of deputies and clerks. The salaries of deputies, clerks, and assistants for the county auditor, county treasurer, sheriff, recorder, clerk of the

LETTER OPINION 2001-L-39 October 9, 2001 Honorable Ray H. Wikenheiser State Representative District 28 601 East Elm Linton, ND 58552-0816 Dear Representative Wikenheiser: Thank you for asking my opinion about whether the City of Linton can change the ratio for distribution of Linton’s sale tax proceeds by ordinance without a vote of city electors. The City of Linton adopted a home rule charter (Charter) at a special election June 8, 1993. Article 3 of the Charter authorized a 1% retail sales tax if implemented by ordinance. Paragraph (d) of the article specified

OPEN RECORDS AND MEETINGS OPINION 2001-O-14 DATE ISSUED: October 4, 2001 ISSUED TO: Steven McCullough, Kindred City Attorney CITIZEN’S REQUEST FOR OPINION On August 29, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tim Hill asking whether the Kindred City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting that was not open to the public or preceded by sufficient public notice. FACTS PRESENTED On August 1, 2001, a letter to the editor was published in the Cass County Reporter from the members of the Ki

OPEN RECORDS AND MEETINGS OPINION 2001-O-13 DATE ISSUED: September 27, 2001 ISSUED TO: Karl Hoppe, City Auditor, Grace City CITIZEN’S REQUEST FOR OPINION On September 17, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ronald Brakke asking whether the Grace City Council violated N.D.C.C. §§ 44-04-19 and 44-04-20 by holding a meeting which was not preceded by sufficient public notice and by conducting a meeting which could not be heard by the members of the public who attended the meeting. FACTS PRESENTED On August 20, 2001, this office issu

OPEN RECORDS AND MEETINGS OPINION 2001-O-12 DATE ISSUED: September 26, 2001 ISSUED TO: Randall Sickler, Attorney, Southwest Multi-County Correction Center CITIZEN’S REQUEST FOR OPINION On August 12, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Volesky on behalf of the Dickinson Press asking whether the Southwest Multi-County Correction Center violated N.D.C.C. § 44-04-18 by failing to respond to his requests for records within a reasonable time. On August 24, Mr. Volesky made a second opinion request

LETTER OPINION 2001-L-38 September 25, 2001 The Honorable Nancy Johnson House of Representatives 1308-A Empire Road Dickinson, ND 58601-3615 Re: Theodore Roosevelt Medora Foundation Dear Representative Johnson: Thank you for your letter requestin g an Attorney General’s opinion concerning the proposed purchase of agricultural land by the Theodore Roosevelt Medora Foundation (TRMF). Under N.D.C.C. chapter 54-01 the Attorney General can only give an opinion on a question of law, not fact. Accordingly, to the extent a question of fact is presented, I generally cannot express an opin

FORMAL OPINION 2001-F-08 DATE ISSUED: September 19, 2001 REQUESTED BY: Richard J. Riha, Burleigh County State’s Attorney QUESTION PRESENTED May a county officer or employee issue a refund of a tax or a fee in an amount that is less than $5? ATTORNEY GENERAL’S OPINION It is my opinion that a county officer or employee may not issue a refund of a tax or a fee in an amount that is less than $5. ANALYSIS The 2001 North Dakota Legislative Assembly enacted House Bill 1332, which was codified as N.D.C.C. § 11-10-29 and provides as follows: Notwithstanding any other provision of law, a person is

LETTER OPINION 2001-L-37 September 14, 2001 Ms. Mary K. O’Donnell Rolette County State’s Attorney PO Box 1079 Rolla, ND 58367-1079 Dear Ms. O’Donnell: Thank you for your September 13, 2001, letter asking whether a board of county commissioners may hire a private attorney to represent the board without first obtaining the advice and consent of the county state’s attorney. “Counties are creatures of the North Dakota Constitution and may act only in the manner and on the matters prescribed by the Legislature in statutes enacted pursuant to constitutional authority. As a political subdivision o

LETTER OPINION 2001-L-36 September 14, 2001 Honorable Robert R. Peterson State Auditor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Peterson: Thank you for your letter regarding the effect of income tax confidentiality provisions upon your attempt to conduct a performance audit on the Department of Human Service’s Service Payments for the Elderly and Disabled (SPED) and Expanded SPED programs. It is my understanding from your letter that the performance audit is being conducted in an attempt to verify the accuracy of financial information provided by program recipients when applyin

LETTER OPINION 2001-L-35 September 13, 2001 Mr. Bob Gruman North Dakota Development Fund 1833 East Bismarck Expressway Bismarck, ND 58504-6708 Dear Mr. Gruman: Thank you for your letter asking several questions about N.D.C.C. § 54-34.3-13, the rural growth incentive program. That section provides as follows: 1. The department shall manage and administer the rural growth incentive program. A city with a population of less than two thousand five hundred may apply to the department to be designated as a rural growth incentive city. The department shall designate an applicant

OPEN RECORDS AND MEETINGS OPINION 2001-O-11 DATE ISSUED: September 13, 2001 ISSUED TO: Greg Selbo, Attorney, Fargo-Cass County Economic Development Corporation CITIZEN’S REQUEST FOR OPINION On August 22, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Matt Von Pinnon on behalf of the Fargo Forum asking whether the Fargo-Cass County Economic Development Corporation violated N.D.C.C. §§ 44-04-18 and 44-04-19 by refusing Mr. Von Pinnon's request for information regarding an audit of the corporation and by refusing to allow him to attend a meeting

OPEN RECORDS AND MEETINGS OPINION 2001-O-10 DATE ISSUED: September 7, 2001 ISSUED TO: Robert Lamont, Attorney, Minot Area Development Corporation Nevin Van de Streek, Minot City Attorney CITIZEN’S REQUEST FOR OPINION On June 18, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Jay Johnson on behalf of the Minot Daily News asking whether the Minot Area Development Corporation violated N.D.C.C. § 44-04-18 by refusing to provide a copy of its meeting agenda upon request and by refusing to deny the request

LETTER OPINION 2001-L-34 August 31, 2001 Mr. James O. Johnson Mercer County State’s Attorney PO Box 39 Stanton, ND 58571 Dear Mr. Johnson: Thank you for your letter concerning the operation of the Lake Sakakawea State Park marina. You advise that members of the public rent slips for their boats from Lake Sak, Inc., owned and operated by Kit Henegar (Henegar). Henegar operates the marina under a lease from the North Dakota Parks and Recreation Department (Parks and Recreation Dept.). The Parks and Recreation Dept. leases the marina property in question from the U.

OPEN RECORDS AND MEETINGS OPINION 2001-O-09 DATE ISSUED: August 31, 2001 ISSUED TO: Solen – Cannon Ball Public School Board President Gabe Plante and District Superintendent Wanda Belgarde CITIZEN’S REQUEST FOR OPINION On July 5, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Clark Bormann on behalf of the North Dakota Council of Educational Leaders asking whether the Board of the Solen – Cannon Ball Public School District violated N.D.C.C. §§ 44-04-19 and 44-04-19.2 by holding an executive session which was not authorize

LETTER OPINION 2001-L-33 August 30, 2001 Mr. Ronald Weikum Grant County State’s Attorney PO Box 196 Carson, ND 58529-0196 RE: Appointment of State’s Attorney Dear Mr. Weikum: Thank you for your letter inquiring whether the Grant County Commissioners may appoint, as state’s attorney, an attorney licensed in the state of North Dakota, but who is not a resident of Grant County. You state that you intend to resign as state’s attorney but that you are the only licensed attorney residing in Grant County. You also state that Grant County does not have a home-rule charter nor has it combined with

LETTER OPINION 2001-L-32 August 20, 2001 Mr. Jerry Renner Kidder County State’s Attorney PO Box 229 Steele, ND 58482-0229 Dear Mr. Renner: Thank you for your letter requesting my opinion on N.D.C.C. § 11-28.2-01 dealing with recreation service district elections. That statute provides, in part, that “[i]f a majority of the qualified voters approve of the establishment of a recreation service district, such district shall then be organized.” Id. You ask whether approval by a “majority of the qualified voters” means approval by a majority of those persons voting in the election or approval

OPEN RECORDS AND MEETINGS OPINION 2001-O-08 DATE ISSUED : August 20, 2001 ISSUED TO : Karl Hoppe, City Auditor, Grace City CITIZEN’S REQUEST FOR OPINION On July 10, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Ronald Brakke asking whether the Grace City Council violated N.D.C.C. § 44-04-20 by holding a meeting which was not preceded by sufficient public notice. FACTS PRESENTED The Grace City Council (Council) held a special meeting on June 27, 2001. The meeting began at 10:30 p.m. and lasted for twenty minutes

LETTER OPINION 2001-L-31 August 14, 2001 Ms. Linda Hickman Williams County State’s Attorney PO Box 2047 Williston, ND 58802-2047 Re: Taxation of Indian Land Dear Ms. Hickman: Thank you for your letter in which you ask about taxation of Indian-owned land. Counties can tax Indian-owned land if it is owned in fee. Cass County v. Leech Lake Chippewa Indians , 524 U.S. 103 (1998); County of Yakima v. Confederated Tribes & Bands of Yakima Nation, 502 U.S. 251, 258 (1992). But trust land, that is, land owned in trust by the federal government for the benefit of an Indian, cannot be taxed. Un

LETTER OPINION 2001-L-30 August 13, 2001 Honorable Bruce Eckre State Representative 1300 North 7th Street Wahpeton, ND 58075-3625 Dear Representative Eckre: Thank you for your letter asking whether school district-paid portions of a teacher’s statutory contribution to the Teachers’ Fund For Retirement (TFFR) (N.D.C.C. § 15-39.1-09) are part of “base salary” as contained in section 5 of 2001 H.B. 1344. Section 5 of 2001 H.B. 1344 provided: SECTION 5. If House Bill No. 1045 does not become effective, a new section to chapter 15-40.1 of the North Dakota Century Code is creat

LETTER OPINION 2001-L-29 August 10, 2001 Honorable Tony Grindberg State Senator 2832 39½ Avenue SW Fargo, ND 58104-7014 Dear Senator Grindberg: Thank you for your letter asking about student fees chargeable by North Dakota public school district boards. You attached documents dealing with certain types of fees. From a conversation with a school district official, a member of my staff also learned that two of these fees are being questioned. Those fees are: 1. Machine repair and maintenance for equipment such as computers. 2. Locker fees for the use and maintenance of a student locker. Nor

OPEN RECORDS AND MEETINGS OPINION 2001-O-07 DATE ISSUED: August 6, 2001 ISSUED TO: Steven McCullough, Kindred City Attorney CITIZEN’S REQUEST FOR OPINION On June 25, 2001, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Tim Hill asking whether the City of Kindred violated N.D.C.C. § 44-04-20 by holding a meeting that was not preceded by sufficient public notice. FACTS PRESENTED The Kindred City Council (City) held a special meeting on June 19, 2001. The meeting lasted for roughly one hour and was limited

LETTER OPINION 2001-L-28 July 20, 2001 Mr. Fritz Fremgen Stutsman County State’s Attorney 511 2nd Ave SE Jamestown, ND 58401 RE: N.D.C.C. § 5-01-07 Dear Mr. Fremgen: I have received your June 22, 2001, letter in which you posed several questions concerning the application of N.D.C.C. § 5-01-07 to retail alcoholic beverage license renewals, the criteria to be followed by a township when exercising its authority under the section, and whether a county commission can overrule the township board’s decision made pursuant to N.D.C.C. § 5-01-07. Your first inquiry questions whether N.D.C.C. § 5-01

Overruled by Sauby v. City of Fargo, 747 NW2d 65 (N.D. 2008) FORMAL OPINION 2001-F-07 DATE ISSUED: July 20, 2001 REQUESTED BY: Nevin Van de Streek Minot City Attorney QUESTION PRESENTED Whether a home rule city may permit the use of motorized scooters on sidewalks, notwithstanding N.D.C.C. sections 39-10-52.1 and 12.1-01-05. ATTORNEY GENERAL’S OPINION It is my opinion that a home rule city may permit the use of motorized scooters on sidewalks, notwithstanding N.D.C.C. sections 39-10-52.1 and 12.1-1-05. ANALYSIS North Dakota Century Code (N.D.C.C.) § 39-10-52.1 states, “No person may dri

LETTER OPINION 2001-L-27 July 19, 2001 Mr. Duane Mullenberg Chairman Foster County Water Resource District PO Box 15 Carrington, ND 58421-0015 Dear Mr. Mullenberg: Thank you for your letter asking about a prescriptive right to maintain a dam. You stated that a dam was constructed at the outlet of Russell Lake in Foster County approximately 38 years ago. It recently washed out and the water resource district would like to reconstruct the dam. A permit was not obtained when the dam was originally constructed. One of the landowners whose land would be inundated by water held back by the

LETTER OPINION 2001-L-26 July 13, 2001 Mr. Terence P. Devine Nelson County State’s Attorney PO Box 428 Lakota, ND 58344-0428 Dear Mr. Devine: Thank you for your letter asking about a school district’s obligation to pay for the personal legal defense fees of one of its employees who was charged with a crime for conduct undertaken while on the job and acquitted by a jury’s decision. You also ask about paying for the employee’s co-employee/spouse’s lost wages caused by attending the trial. School boards have only the powers expressly or impliedly granted by statute. Fargo Educ. Ass’n v. Fargo

LETTER OPINION 2001-L-25 July 13, 2001 Honorable Bob Stenehjem State Senator 7475 41st Street SE Bismarck, ND 58504-3200 Honorable Wesley R. Belter State Representative 15287 47th Street SE Leonard, ND 58052-9763 Dear Senator Stenehjem and Representative Belter: Thank you for your letter requesting my opinion regarding the constitutionality of reducing a term of office of a member of the Legislative Assembly as part of an otherwise valid legislative redistricting plan. The Legislative Council has appointed a Legislative Redistricting Committee to develop a redistricting pla

LETTER OPINION 2001-L-24 July 6, 2001 The Honorable Roger Johnson Agriculture Commissioner Chairman, North Dakota Potato Council 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505 Dear Commissioner Johnson: Thank you for your May 4, 2001, letter on behalf of the North Dakota Potato Council inquiring about N.D.C.C. ch. 4-10.1, the potato assessment. The assessment must be “levied and imposed upon all potatoes grown in the state or sold to a designated handler,” but there is an exception for potatoes “retained by growers to be used for seed purposes or for consumption by the grower.”

LETTER OPINION 2001-L-23 July 6, 2001 Mr. Stuart A. Larson Grandin City Attorney PO Box 847 Hillsboro, ND 58045-0847 Dear Mr. Larson: Thank you for your letter asking about the authority of a county to move the site of a voting place for a joint city/county election outside the city limits. In a telephone conversation with a member of my staff, you provided some additional information. A number of cities, including the city of Grandin, have entered into an agreement with Cass County to hold joint elections under the authority of N.D.C.C. § 40-21-02. You indicated that even though there are

LETTER OPINION 2001-L-22 July 3, 2001 Honorable Jeff Delzer State Representative 2919 5th St NW Underwood, ND 58576 Dear Representative Delzer: Thank you for your request for my opinion regarding whether the McLean County Commission may, on behalf of the county, take out a loan under N.D.C.C. ch. 57-62 from the Coal Development Trust Fund to finance the construction of a new county courthouse, without a vote under N.D.C.C. § 11-11-18. I understand the loan would be repaid from monies allocated from the trust fund to the county over a 20-year period. You indicate that

FORMAL OPINION 2001-F-06 DATE ISSUED: June 29, 2001 REQUESTED BY: Representative Todd Porter QUESTION PRESENTED Whether the previsions in 2001 House Bill No. 1282 (H.B. 1282) permitting a licensed ambulance under direct medical control to refuse transport of an individual to a hospital when transport is not medically necessary conflict with the federal Emergency Medical Treatment and Labor Act. ATTORNEY GENERAL’S OPINION It is my opinion that H.B. 1282 does not conflict with the federal Emergency Medical Treatment and Labor Act by permitting a licensed medical ambulance under direct medic

LETTER OPINION 2001-L-21 June 26, 2001 Mr. Duane Mullenberg Chairman Foster County Water Resource District PO Box 15 Carrington, ND 58421-0015 Dear Mr. Mullenberg: Thank you for your letter asking whether the water resource board can order the removal of an unauthorized dam constructed in a watercourse and, if so, whether the board would be liable for downstream property damages that may result. The dam retains more than twelve and one-half acre-feet of water. Since 1935 N.D.C.C. § 61-16.1-38 and its predecessors have required state approval to construct dams, dikes, or other water control