Bill Summary – FastDemocracy

0281.02000
     Sixty-eighth
     Legislative Assembly                       SENATE BILL NO. 2208
     of North Dakota
     Introduced by
       Senators Magrum, Cleary
       Representatives Christensen, S. Olson
  A BILL for an Act to amend and reenact section 54-12-01 of the North Dakota Century Code,
  relating to mandating the attorney general to issue opinions requested by individual members of
  the legislative assembly.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 54-12-01 of the North Dakota Century Code is
  amended and reenacted as follows:
      54-12-01. Attorney general - Duties.
      The attorney general shall:
      1.   Appear for and represent the state before the supreme court in all cases in which the
          state is interested as a party.
     2.   Institute and prosecute all actions and proceedings in favor or for the use of the state
          which may be necessary in the execution of the duties of any state officer.
     3.   Appear and defend all actions and proceedings against any state officer in the
          attorney general's official capacity in any of the courts of this state or of the United
          States. If both parties to an action are state officers, the attorney general may
          determine which officer the attorney general will represent and the other officer may
          employ counsel to represent that other officer.
     4.   Consult with and advise the several state's attorneys in matters relating to the duties
          of their office.
     5.   Attend the trial of any party accused of crime and assist in the prosecution when in the
          attorney general's judgment the interests of the state require it.
     6.   Consult with and advise the governor and all other state officers and when requested
          give written opinions on all legal or constitutional questions relating to the duties of
          such officers respectively.
                                                 Page No. 1                        23.0281.02000
     Sixty-eighth
     Legislative Assembly
      7.   Prepare, when necessary, proper drafts for contracts and other writings relating to
           subjects in which the state is interested.
      8.   a.   Give written opinions, within three months from the date of the request, when
                requested by either brancha member of the legislative assembly, in writing, upon
                legal questions unless the request:
                (1)   Is one of only fact, rather than of fact and law, or of law;
                (2)   Involves the constitutionality of a statute;
                (3)   Concerns the internal operation or management of the judicial branch of
                      government;
               (4)   Is likely to be or presently is pending before a court or a court has ruled on
                     the issue;
               (5)   Amounts to private legal advice; or
               (6)   Involves matters regarding whether a criminal offense has occurred.
          b.   If the attorney general declines to issue an opinion for a reason in subdivision a,
               the attorney general shall inform the individual who requested the opinion in a
               written response.
          c.   A request from a member of the legislative assembly must be cosigned by at
               least five members of the legislative assembly before a request may be
               submitted to the attorney general under this subsection.
     9.   Enforce the proper application of funds appropriated to the public institutions of the
          state and prosecute breaches of trust in the administration of such funds.
    10.   Prosecute corporations and limited liability companies, when necessary, for failure or
          refusal to make the reports required by law.
    11.   Keep in proper books a register of all cases prosecuted or defended by the attorney
          general or the attorney general's assistants, in behalf of this state or its officers, and of
          all proceedings had in relation thereto, including a record of all actions wherein the
          state is a party, or is interested, prosecuted by the state's attorneys of the several
          counties and reported to the attorney general as provided by law, and deliver the same
          to the attorney general's successor in office.
    12.   Keep in the attorney general's office a book in which the attorney general shall record
          all the official opinions given by the attorney general during the attorney general's term
                                               Page No. 2                          23.0281.02000
     Sixty-eighth
     Legislative Assembly
           of office, such book to be delivered by the attorney general to the attorney general's
           successor in office.
     13.   Pay into the state treasury all moneys received by the attorney general for the use of
           the state.
     14.   Serve as superintendent of the bureau of criminal investigation and perform all duties
           incident to the proper and efficient conduct of that office.
     15.   Attend to and perform any other duties which from time to time may be required by
           law.
     16.   Appoint the state fire marshal and supervise the operation of the state fire marshal
          department.
    17.   Give written opinions, when requested by the governing body or city attorney of a city
          in the state of North Dakota.
    18.   Repealed by S.L. 1991, ch. 637, § 9.
    19.   Give written opinions to public entities as defined in subdivision a or b of subsection 13
          of section 44-04-17.1, when requested by an interested person under section
          44-04-21.1.
                                               Page No. 3                        23.0281.02000
Statutes affected: 
INTRODUCED: 54-12-01
FIRST ENGROSSMENT: 54-12-01
Enrollment: 54-12-01