North Dakota AG Opinions, 1986

N.D.A.G. Letter to Mahoney (June 6, 1986) June 6, 1986 Mr. John J. Mahoney Oliver County State's Attorney P.O. Box 355 Center, ND 58530 Dear Mr. Mahoney: Thank you for your letter of February 4, 1986, asking whether one person may run for both a part-time state's attorney position and a seat in the North Dakota Legislature at the same election and, if ultimately elected to both, whether one may serve in both positions. I understand that the question you have posed is now moot given a change of circumstances. However, we have received a number of inquiries as

N.D.A.G. Letter to Ficek (June 6, 1986) June 6, 1986 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your letter dated March 21, 1986, in which you requested an Attorney General's opinion on the legality of a plan to avoid a city-wide deficiency levy for delinquent special assessments. According to your letter, the city of Dickinson is experiencing economic hardship and many developers and entities are unable to pay special assessments on their property. As an alternative to levying a city-wide deficiency levy, you inquired about the

N.D.A.G. Letter to Riehl (June 5, 1986) June 5, 1986 Honorable Emil J. Riehl District #35 House of Representatives Raleigh, ND 58564 Dear Representative Riehl: Thank you for your letter of May 24, 1986, regarding voter residency requirements and anonymity of individuals voting by absentee ballot. North Dakota law, as found at N.D.C.C. § 16.1-01-04, provides that a person's voting residence is determined in accordance with the rules for determining residency as provided in N.D.C.C. §54-01-26. The residency rules are as follows: 54-01-26. RESIDENCE -- RULES FOR DETERMINING.

Office of the Attorney General State of North Dakota Opinion No. 86-21 Date Issued: June 5, 1986 Requested by: State Board of Equalization --QUESTION PRESENTED-- Whether a municipality can grant an ad valorem tax exemption for new industry to property which is centrally assessed by the State Board of Equalization. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a municipality cannot grant an ad valorem tax exemption for new industry to property which is centrally assessed by the State Board of Equalization. --ANALYSIS-- N.D.C

N.D.A.G. Letter to Marion (June 2, 1986) June 2, 1986 Mr. James L. Marion Chief Parole Officer Department of Parole and Probation P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated May 21, 1986. You have stated that an individual has made an application to the Pardon Board to have his 1979 conviction expunged. Prior to placing this application upon the Pardon Board's calendar for consideration, you have inquired as to whether or not N.D.C.C. §12-53-18 is applicable to suspended executions of sentence which would permit the applicant to request that

N.D.A.G. Letter to Meyer (May 27, 1986) May 27, 1986 Honorable Walter Meyer State Senator Flasher, ND 58535 Dear Senator Meyer: Thank you for your letter concerning N.D.C.C. Ch. 11-26. This chapter, adopted in 1935, created county debt adjustment boards for each county in North Dakota. It provides that members of a county debt adjustment board are to be appointed by the judges of the district court. N.D.C.C. § 11-26-01. The board is authorized to determine the financial condition of a debtor. N.D.C.C. § 11-26-05. The general duties of the board are to "attempt to conciliate" between the

N.D.A.G. Letter to Meyer (May 27, 1986) May 27, 1986 Honorable Walter Meyer State Senator Flasher, ND 58535 Dear Senator Meyer: Thank you for your letter concerning N.D.C.C. Ch. 11-26. This chapter, adopted in 1935, created county debt adjustment boards for each county in North Dakota. It provides that members of a county debt adjustment board are to be appointed by the judges of the district court. N.D.C.C. § 11-26-01. The board is authorized to determine the financial condition of a debtor. N.D.C.C. § 11-26-05. The general duties of the board are to "attempt to conciliate" between the

N.D.A.G. Letter to Mehrer (May 27, 1986) May 27, 1986 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of March 5, 1986, concerning child support arrearages reduced to money judgments. A member of my staff has spoken with you and Clerk of District Court Paulette Reule concerning this inquiry. Apparently, there are two essential questions to be resolved. The first question is whether reducing a child support arrearage to a money judgment releases the clerk of court from mandatory action on th

N.D.A.G. Letter to Lamb (May 27, 1986) May 27, 1986 Mr. Joseph S. Lamb Executive Vice President Chief Operating Officer Bank of North Dakota 700 East Main P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: I am writing you as a follow up to my letter of April 23, 1986. Specifically, I wish to discuss the last question of your letter of February 27, 1986, concerning the availability of state indemnification for employees of the Bank of North Dakota. I have reviewed the Bank of North Dakota policy with respect to the indemnification of bank directors, officers, and employees. This p

N.D.A.G. Letter to Juelson (May 27, 1986) May 27, 1986 Mr. John A. Juelson Hillsboro City Attorney Berg and Juelson P.O. Box 207 Caledonia Avenue Hillsboro, ND 58045 Dear Mr. Juelson: Thank you for your letter of May 9, 1986, inquiring as to the restrictions on a city in assessing a late payment charge on money due on an account. We assume your inquiry concerns a creditor who did not intend to extend any credit beyond thirty (30) days and who did not anticipate the late payment of the obligation. N.D.C.C. §13-01-14 does provide that creditors may charge, receive, and collect a late p

N.D.A.G. Letter to Melby (May 23, 1986) May 23, 1986 Honorable Arthur Melby District 14 House of Representatives 1392 Elm Avenue Harvey, ND 58341 Dear Representative Melby: Thank you for your letter of May 10, 1986, regarding Glen Johnson filing a petition of nomination for the office of Wells County sheriff one day after the April 16, 1986, filing deadline. The deadline for filing a petition of nomination for county sheriff is set forth in N.D.C.C. § 16.1-11-11. Pursuant to this provision of the law, Mr. Johnson's petition of nomination should have been filed before 4 p.m. on April 1

Overuled in part by N.D.A.G. 90-L-63 Date Issued: May 13, 1986 (AGO 86-20) Requested by: Honorable Ben Meier, Secretary of State - QUESTIONS PRESENTED - I. Whether a candidate for judge of a county court in those counties which have agreed to share the services of a county judge is required to satisfy the residency requirement in one of the counties to the agreement. II. Whether a candidate for judge of a county court in those counties which have agreed to share the services of a county judge is required to file a separate petition for nomination in each individual county. III. Whether th

N.D.A.G. Letter to White Eagle (May 7, 1986) May 7, 1986 Ms. Maureen White Eagle Devils Lake City Attorney P.O. Box 1048 Devils Lake, ND 58301 Dear Ms. White Eagle: Thank you for your letter of April 7, 1986, requesting an opinion as to the question of whether a non-attorney may serve as municipal judge in a city of a population of more than 3,000. North Dakota law, as found at N.D.C.C. § 40-18-01, provides that the municipal judge in a city having a population of 3,000 or more shall be an attorney licensed to practice law "unless no person so licensed is available in the city. . . ."

N.D.A.G. Letter to Thompson (May 7, 1986) May 7, 1986 Mr. Neil Thompson Attorney at Law P.O. Box 696 501 Third Street Devils Lake, ND 58301 Dear Mr. Thompson: Thank you for your letter of April 7, 1986, requesting that my office take action to open section lines within the counties of Ramsey, Benson, and Nelson which lead into Devils Lake. In your letter, you state that the county commissioners of these counties have refused to take action to open the section lines after being requested to do so. More specifically, as stated in your postscript, you are not demanding the county or town

N.D.A.G. Letter to Pelton (May 7, 1986) May 7, 1986 Mr. Clive Pelton, Chairman Dunn County Water Resource District Halliday, North Dakota 58636 Dear Mr. Pelton: Thank you for your letter of April 22, 1986, concerning the fiscal rights and responsibilities of the Dunn County Water Resource District. You asked whether the water district may accumulate funds for future projects. Attorney General's Opinion 86-2 dealt with this question and concluded such practice is lawful. A copy of Opinion 86-2 is attached for your review. I have learned it has been the long practice of your water distri

N.D.A.G. Letter to Kinsey (May 7, 1986) May 7, 1986 Mr. Robert W. Kinsey Divide County State's Attorney P. O. Box 30 Crosby, North Dakota 58730 Dear Mr. Kinsey: Thank you for your February 19, 1986, letter requesting clarification of Attorney General's Opinion 86-2, and an opinion as to whether the Divide County Commission may appropriate $20,000 in general fund moneys for a recreation project. I apologize for the delay in responding. Before responding to your questions, the facts in this situation will be set forth. In 1973, a water management district was est

Date Issued: May 7, 1986 (AGO 86-19) Requested by: Board of University and School Lands - QUESTION PRESENTED - Whether the Board of University and School Lands has the authority to agree to the shut-in of marginally economic wells which currently produce oil from state lands. - ATTORNEY GENERAL'S OPINION - The Board of University and School Lands has the authority to agree to the shut-in of marginally economic wells which currently produce oil from state lands.

N.D.A.G. Letter to Meier (May 6, 1986) May 6, 1986 Honorable Ben Meier Secretary of State Department of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of March 31, 1986, concerning amendments to articles of incorporation for farm corporations and business corporations which would allow them to convert operations from one form of business to another. It is my opinion that a business corporation organized under N.D.C.C. Ch. 10-19.1 that converted to a farm corporation by adopting an amendment to its articles of incorporation, pursuant to N.D.C.C. §

N.D.A.G. Letter to Enget (May 6, 1986) May 6, 1986 Mr. Wade G. Enget Stanley City Attorney P. O. Box 38 Stanley, North Dakota 58784 Dear Mr. Enget: Thank you for your letter of April 28, 1986, inquiring as to the ability of a city to act as a general contractor in the construction of a public building. Enclosed you will find a copy of a letter we have previously sent to Ellendale City Attorney David Wheelihan concerning a similar question. In the Wheelihan letter, the facts involved a city attempting to act as general contractor in a water main project within the city. Our conclusion i

N.D.A.G. Letter to Walsh (May 5, 1986) May 5, 1986 Honorable Jerome L. Walsh Senator District 41 Route 1, Box 11 Minot, ND 58701 Dear Senator Walsh: Thank you for your letter of April 23, 1986, requesting my opinion whether N.D.C.C. Ch. 24-08 makes a county responsible for the construction and maintenance of bridges and culverts on township roads within the county. The singular section of law in N.D.C.C. Ch. 24-08 imposing a duty upon a county to construct and maintain culverts on a township road was analyzed in 1983 N.D. Op. Att'y. Gen. 12. The statute interpreted in the

N.D.A.G. Letter to Secrest (May 5, 1986) May 5, 1986 Mr. T. L. Secrest Hettinger City Attorney P.O. Box 430 Hettinger, ND 58639 Dear Mr. Secrest: Thank you for your letter of April 18, 1986, requesting assistance with an interpretation of N.D.C.C. § 40-08-03. This particular statute deals with a number of aldermen within a city as determined by the city's population. According to your letter, the city of Hettinger has had four aldermen elected at large for several years despite the requirement of N.D.C.C. §40-08-03(3) providing a city with a comparable population to have six aldermen.

N.D.A.G. Letter to Robb (May 5, 1986) May 5, 1986 Ms. Jane S. Robb, Director North Dakota State Laboratories Lock Box 937 Bismarck, ND 58502 Dear Ms. Robb: Thank you for your letter of March 26, 1986, concerning a state food commissioner and chemist for the State Laboratories Department. You have inquired as to whether or not your department would be in violation of N.D.C.C. §19-01-04 if you appointed an acting state food commissioner and chemist who has a "strong chemistry background but actually possesses a degree in biology." The term "competent" as used in N.D.C.C. §19-01-04 requi

N.D.A.G. Letter to McIntee (May 5, 1986) May 5, 1986 Mr. Michael S. McIntee McHenry County State's Attorney P. O. Box 246 Towner, North Dakota 58788 Dear Mr. McIntee: Thank you for your letter of April 18, 1986, providing several questions as to the application of the open records law upon county and district courts of our state. Enclosed you will find a response of this office from 1984 concerning this general issue. As you will note, the Supreme Court cases which you have cited in your letter have left little doubt but that the open records law does not apply to the judicial branch o

N.D.A.G. Letter to Lundberg (May 5, 1986) May 5, 1986 Ms. Jane M. Lundberg, Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, North Dakota 58505 Dear Ms. Lundberg: Thank you for your letter of April 14, 1986, in which you inquire whether you must enforce the provisions of N.D.C.C § 6-03-59 concerning loan limitations for North Dakota banks when such enforcement would result in a violation of federal law or otherwise be detrimental to the financial soundness of a bank. N.D.C.C. §6-01-09 imposes a duty upon the Commissioner of Banking and Financial I

N.D.A.G. Letter to Goter (May 5, 1986) May 5, 1986 Mr. Wayne D. Goter Assistant State's Attorney Morton County State's Attorney's Office 210 2nd Avenue N.W. P.O. Box 190 Mandan, ND 58554 Dear Mr. Goter: Thank you for your letter of March 14, 1986, concerning 1985 legislation authorizing a tax for the provision of an emergency service communications system. Your questions can be essentially reduced to an inquiry as to whether the tax authorized by this law may be imposed throughout a county despite the fact that all persons within the county are not able to make use of the

N.D.A.G. Letter to Carlen (May 2, 1986) May 2, 1986 Ms. Patricia J. Carlen Clerk of District Court P. 0. Box 176 Forman, North Dakota 58032 Dear Ms. Carlen: Thank you for bringing to my attention the fact that N.D.C.C. §28-20-10, requiring a district court clerk to keep a "judgment book," was repealed by the 1985 Legislative Assembly. In Attorney General’s Opinion 85-36, dated October 4, 1985, and in my letter to you of April 11, 1986, I referred to a clerk's responsibility to file or enter foreclosure judgments in the judgment book, but not docket them as money judgments. N.D.C.C. §

Date Issued: May 1, 1986 (AGO 86-18) Requested by: Walter R. Hjelle, Highway Commissioner - QUESTION PRESENTED - Whether the State of North Dakota holds title to the oil, gas and fluid minerals or any other minerals not necessary for highway purposes underlying highway rights of way purchased by the state prior to 1953 and conveyed to the state by deeds that do not contain mineral reservations. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State

N.D.A.G. Letter to Nelson (April 30, 1986) April 30, 1986 Ms. Carol S. Nelson Barnes County State's Attorney P.O. Box 209 223 North Central Avenue Valley City, ND 58072 Dear Ms. Nelson: Thank you for your letter of January 21, 1986, in which you inquire whether a financial institution may setoff funds in a depositor's account after the sheriff has commenced the process of executing on a judgment against the depositor. I apologize for the delay in responding to your question. Your letter does not indicate whether the financial institutions are exercising their rights of setoff before o

N.D.A.G. Letter to Meier (April 30, 1986) April 30, 1986 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of March 24, 1986, regarding whether the North Dakota Great Seal can be used on a commemorative centennial rifle. 1985 N.D. Sess. Laws 555 provides in part as follows: Section 1. Exemption for Use of Great Seal for Centennial Commemorative Items. Any person who designs any item to commemorate the state centennial using the great seal of the state, or offers for sale, sells, or uses in a public

N.D.A.G. Letter to Henegar (April 30, 1986) April 30, 1986 Mr. Dale L. Henegar Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Henegar: Thank you for your letter dated March 24, 1986. You have inquired as to whether or not an additional white-tailed deer season may be declared to permit gun hunters to take more than one white-tailed deer in the year 1986. You have stated that more big game licenses will be available than there are hunters and there is an especially abundant white-tailed deer population. You have asked whe

Date Issued: April 30, 1986 (AGO 86-17) Requested by: Ward D. Briggs, Riverside City Attorney - QUESTIONS PRESENTED - I. Whether N.D.C.C. section 24-17-05 provides an absolute mandate upon the highway commissioner to acquire an outdoor advertising structure determined to be a nonconforming structure. II. Whether a political subdivision, acting in a proprietary capacity, may cause the removal of a nonconforming compensable advertising structure without compliance with N.D.C.C. sec

N.D.A.G. Letter to Lindell (April 24, 1986) April 24, 1986 Mr. William F. Lindell Riverdale City Attorney P.O. Box 427 Washburn, ND 58577 Dear Mr. Lindell: Thank you for your letter of April 10, 1986, inquiring as to the status of land transferred from the federal government to the city of Riverdale pursuant to federal legislation adopted as part of the Supplemental Appropriations Act of 1985. The concern that has been raised involves the disposition of the land by the city of Riverdale and whether such disposition should occur pursuant to state law or in light of the federal statute pr

N.D.A.G. Letter to Henegar (April 24, 1986) April 24, 1986 Mr. Dale L. Henegar Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Commissioner Henegar: Thank you for your letter dated April 10, 1986, in which you inquire as to whether or not N.D.C.C. § 20.1-05-05 would prohibit the Governor to declare, by proclamation, an extension of the white-tailed deer hunting season to one-half hour before sunrise each day. N.D.C.C. § 20.1-05-05 provides: 20.1-05-05. PRIMA FACIE PROOF OF HUNTING OR ATTEMPTING TO HUNT BIG GAME

Date Issued: April 24, 1986 (AGO 86-16) Requested by: Honorable Earl R. Pomeroy Commissioner of Insurance - QUESTIONS PRESENTED - I. Whether Section 26.8 of the Staff Personnel Policy Manual of the State Board of Higher Education contravenes N.D.C.C. chapter 54-44.3. II. Whether the statewide appeal mechanism of N.D.C.C. chapter 54-44.3 may constitutionally be applied to classified employees at the institutions of higher education under the control of the State Board of Hig

N.D.A.G. Letter to Lamb (April 23, 1986) April 23, 1986 Mr. Joseph S. Lamb Executive Vice President Chief Operating Officer Bank of North Dakota 700 East Main P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your letter of February 27, 1986, listing three questions of the Bank of North Dakota concerning my memorandum of November 25, 1985. My memorandum recom- mended the adoption of a policy with respect to the closed portions of agendas of the Industrial Commission in which it customarily discusses customer loans by the Bank of North Dakota. Your first question is

Date Issued: April 23, 1986 (AGO 86-15) Requested by: Richard L. Schnell Morton County State's Attorney - QUESTION PRESENTED - Whether the discretionary employment of a county highway engineer, pursuant to N.D.C.C. section 11-31-01, may be terminated by a majority vote of the qualified electors voting on such a question at a primary or general election. - ATTORNEY GENERAL'S OPINION - It is my opinion that the discretionary employment of a county highway engineer, purs

N.D.A.G. Letter to Seaworth (April 22, 1986) April 22, 1986 Mr. Hugh P. Seaworth Bismarck City Attorney 221 North 5th Street P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Seaworth: Thank you for your letter dated December 6, 1985. I apologize for the delay in responding. In your letter, you requested an Attorney General's opinion as to tape recordings of city commission meetings. Your inquiry is whether a board of city commissioners may use tape recordings of its proceedings merely as an aid in preparation of the journal or minutes of meetings; and, secondly, whether these tape recordings

N.D.A.G. Letter to Riha (April 22, 1986) April 22, 1986 Mr. Richard Riha Assistant Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of April 7, 1986, wherein you inquire whether the Burleigh County Sheriff must pay the two dollar tax imposed by N.D.C.C. § 39-26-12 when he titles an official vehicle. The tax imposed by N.D.C.C. § 39-26-12 is an excise tax. The State Constitution only exempts county property from ad valorem taxation. N.D. Const. Art. X, 5. The Legislative Assembly did not exem

N.D.A.G. Letter to Wold (April 18, 1986) April 18, 1986 Mr. James W. Wold Griggs County State's Attorney P. O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of March 21, 1986, wherein you asked whether an individual must have an operator's license when operating a farm tractor on a public highway. It is my opinion that an individual must have an operator's license to drive a farm tractor on a public highway. A farm tractor is defined in N.D.C.C. § 39-01-01(17) as a ". . . motor vehicle designed and used primarily as a farm implement . . ." N.D.C.C. §39-01-01

N.D.A.G. Letter to Lindell (April 1 1, 1986) April 11, 1986 Mr. William F. Lindell Washburn City Attorney P.O. Box 427 Washburn, ND 58577 Dear Mr. Lindell: Thank you for your letter of April 7, 1986, concerning two matters which may involve incompatible offices being held by the same person. In the first factual matter, you inquire as to whether a person may sit as a member of the Wilton Park Board and as a member of Wilton City Commission at one and the same time. Enclosed you will find an opinion of this office dated April 13, 1936, as well as a letter to the Hebron city attorney

N.D.A.G. Letter to Falck (April 10, 1986) April 10, 1986 Mr. Thomas H. Falck, Jr. Grand Forks County Assistant State's Attorney P. O. Box 607 Grand Forks, North Dakota 58206-0607 Dear Mr. Falck: Thank you for your letter dated December 24, 1985. I apologize for the delay in responding. In your letter, you requested an Attorney General's opinion as to whether the clerk of Grand Forks County District Court may keep fees received for the issuance of passports if her duties are outside of those set forth by statute. N.D.C.C. §11-10-14 provides as follows: 11-1

N.D.A.G. Letter to Slorby (April 4, 1986) April 4, 1986 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of March 19, 1986, inquiring as to the ability of a county to designate county offices as part-time and to reduce their salary accordingly. N.D.C.C §11-10-10(4) states, in part, as follows: 11-10-10. SALARIES OF COUNTY OFFICERS. * * * 4. . . .Any county official performing duties on less than a full-time basis may be paid a reduced salary set by the board of county commissioners.

N.D.A.G. Letter to Jones (April 4, 1986) April 4, 1986 Mr. Wayne P. Jones Ransom County State's Attorney P. O. Box 391 Lisbon, ND 58054 Dear Mr. Jones: Thank you for your March 21, 1986, letter concerning the application of the new industry tax exemption provisions to property located in Enderlin, North Dakota, that is owned by National Sun Industries. Your letter recites the following important set of facts: National Sun Industries, a North Dakota Corporation applied for and was awarded the tax exemption to run until February of 1988. Thereafter, and after operating approximately one

N.D.A.G. Letter to Haskell (April 4, 1986) April 4, 1986 Mr. Bruce B. Haskell Assistant State's Attorney Morton County Courthouse 210 Second Avenue N.W. Box 190 Mandan, ND 58554 Dear Mr. Haskell: Thank you for your letter of March 21, 1986, inquiring as to whether a proposed donation of $40,000 by the Morton County Housing Authority to an entity which is designed to assist county senior citizens is provided for by law. North Dakota law, as found at N.D.C.C. § 23-11-11(9) authorizes a county housing authority to arrange for the furnishing of services for facilities for or in connectio

Date Issued: April 1, 1986 (AGO 86-14) Requested by: Howard D. Swanson Assistant Grand Forks City Attorney - QUESTIONS PRESENTED - I. Whether a municipality is responsible for the cost of medical care provided to an indigent prisoner incarcerated at a county jail for a violation of a city ordinance. II. Whether a city has the authority to assume financial responsibility for medical services rendered to indigent persons while those persons are incarcerated in a jail. -

N.D.A.G. Letter to Halpern (March 31, 1986) March 31, 1986 Mr. Mike L. Halpern Glen Ullin City Attorney P.O. Box M Glen Ullin, ND 58631 Dear Mr. Halpern: Thank you for your letter of January 30, 1986, requesting an opinion on two questions. Your first question is what is "an active industrial development organization" within the context of the provisions of N.D.C.C. § 11-11.1-06. N.D.C.C. Ch. 11-11.1 gives a board of county commissioners the authority to create a job development authority. N.D.C.C. § 11-11.1-06 authorizes a board of county commis- sioners to contract with an active in

Office of the Attorney General State of North Dakota Opinion No. 86-13 Date Issued: March 27, 1986 Requested by: Karlene Fine Secretary to the State Industrial Commission --QUESTION PRESENTED-- Whether the North Dakota Export Trading Company is exempt from the registration provisions of the North Dakota Securities Act of 1951 (N.D.C.C. Ch. 10-04). --ATTORNEY GENERAL'S OPINION-- It is my opinion that the North Dakota Export Trading Company is exempt from the registration provisions of the North Dakota Securities Act of 1951 (N.D.C.C. Ch. 1

N.D.A.G. Letter to State Officials (March 26, 1986) MEMORANDUM TO: All State Officials FROM: Nicholas J. Spaeth, Attorney General SUBJECT: Liability of State Employees and Officials DATE: March 26, 1986 There have been numerous questions raised recently concerning the current status of the law as to liability of public officials and employees and the possible need for insurance covering potential liability. The purpose of this memorandum is to advise you as to the current status of the law on the subject of public official liability. The doctrine of sovereign immunity continues