AGO 81-048.

• Case Date: May 18, 1981
• Court: North Dakota

North Dakota Attorney General Opinions 1981. AGO 81-048. OPINION 81-48Date Issued: May 18, 1981 (AGO 81-48) Requested by: A. S. Benson, Bottineau County State's Attorney- QUESTION PRESENTED - Whether the amendments to sections 11-28-05(9) and 11-28-06 of the North Dakota Century Code, effective July 1, 1981, require a county to share tax proceeds generated by the county's park and recreational areas tax levy with a city or city park district within the county which controls recreational activities that are beneficial to thegeneral populace of the county.- ATTORNEY GENERAL'S OPINION - It is my opinion that the amendments to sections 11-28-05(9) and11-28-06, N.D.C.C., effective July 1, 1981, do not require a county to share tax proceeds generated by the county's park and recreational areas tax levy with a city or city park district within the county which controls recreational activities that are beneficial to the general populace of the county. - ANALYSIS - Section 11-28-06, N.D.C.C., as amended effective July 1, 1981, provides:

At the time of levying taxes for other county purposes, the board of county commissioners shall consider the certificate and budget statement of the board of county park commissioners and shall levy each year upon all taxable property in the county a tax sufficient in amount to pay the actual necessary expenses and activities program of the board of county park commissioners, including construction, improvement, repair, operation, and maintenance of the park and recreational areas and their facilities under its control and those recreational activities of benefit to the general populace of the county which are under the control of a city or a city park district within the county, not exceeding one mill on each dollar of the taxable valuation of the county, which tax may be levied in excess of the mill limit fixed by law for taxes for general purposes. No levy in excess of one mill shall be made without approval of the eligible voters in the county at a special or general election. The county auditor shall credit the proceeds of such tax to the separate fund of the board of county park commissioners. This levy shall not apply to cities that already have a park levy unless the governing body of such city by resolution consents to such levy. (Emphasis supplied).

This section allows the board of county...