North Dakota AG Opinions, 1990

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-11 Date issued: April 23, 1990 Requested by: Ronald Stastney, Assistant Superintendent for Instruction, Department of Public Instruction - QUESTIONS PRESENTED - I. Whether public school districts may charge a fee for students to attend a public kindergarten. II. Whether public school districts may charge a credit fee for a course taken over because of failure to pass the course in a previous year. III. Whether public schoo

N.D.A.G. Letter to Wold (April 16, 1990) April 16, 1990 Mr. James Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your February 13, 1990, letter requesting my opinion on various issues concerning the funding of a nonprofit hospital organization. Your first question is whether a hospital district could be established under N.D.C.C. ch. 23-30 if the primary purpose is to channel tax revenues to an established nonprofit association which includes a hospital, a nursing home, and a clinic. In an earlier letter opinion this office concluded

N.D.A.G. Letter to Bushfield (April 6, 1990) April 6, 1990 Martee Bushfield, Ph.D. Director of Research, Curriculum and Development Department of Family Medicine 501 North Columbia Road Grand Forks, ND 58201 Dear Dr. Bushfield: Thank you for your March 19, 1990, letter requesting my opinion on participation in a blinded seroprevalence study of the human immunodeficiency syndrome (HIV). Your first question is whether or not any North Dakota statutes limit the Family Practice Residency Training Program's participation in the proposed study. The study is defined by you as a process whic

N.D.A.G. Letter to Solberg (April 5, 1990) April 5, 1990 Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 RE: N.D.C.C. § 5-01-05.1 Dear Mr. Solberg: Thank you for your recent letter concerning the contracting by the city of Fargo with a local entity to provide quarters for intoxicated persons who are incarcerated pursuant to N.D.C.C. § 5-01-05.1. This question arose as the result of the recent refusal of Cass County to accept intoxicated individuals in the Cass County Jail for detoxification. N.D.C.C. § 5-01-05.1 was adopted by the 1969 Legislative Assembly to

N.D.A.G. Letter to Renner (April 4, 1990) April 4, 1990 Mr. Jerry Renner Kidder County State's Attorney Steele, ND 58482 RE: Application of Property Tax Payments During 11 U.S.C. ch. 12 Proceedings Dear Mr. Renner: Thank you for your January 11, 1990, letter in which you inquire whether property tax payments received on behalf of a chapter 12 bankruptcy debtor must be applied pursuant to N.D.C.C. § 57-20-21.1 or according to a chapter 12 bankruptcy plan. It is my opinion that the payments must be applied according to the provisions of the bankruptcy Plan. The filing of a bankruptcy

N.D.A.G. Letter to Sprynczynatky (April 3, 1990) April 3, 1990 Mr. David A. Sprynczynatyk State Engineer State Office Building 300 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Sprynczynatyk: Thank you for your February 15, 1990, letter requesting my opinion on certain issues relating to the resources trust fund and the contract fund. Your first question is whether the State Water Commission is authorized to lend money from either the resources trust fund or the contract fund for water projects. If the State Water Commission has the authority to make loans from these funds, you ask

N.D.A.G. Letter to Torkelson (March 30, 1990) March 30, 1990 Ms. Merle A. Torkelson McLean County State's Attorney Box 86 Washburn, ND 58577 Dear Ms. Torkelson: Thank you for your letter of January 5, 1990. You ask a question which was presented to you by Mr. Hy C. J. Schlieve, superintendent of the reorganized Garrison Public School District No. 51. You ask whether it is possible, under North Dakota state law, for lands which are presently under Lake Sakakawea and were part of the original school districts, to be added to a reorganized school district. N.D.C.C. chs. 15-27.1, 15-

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-10 Date issued: March 29, 1990 Requested by: Representative Dan Ulmer District 34 - QUESTIONS PRESENTED - I. Whether the Superintendent of Public Instruction has the authority to make cuts solely from transportation aid payments for elementary and secondary education if the moneys in the state general fund are insufficient to make all payments. II. Whether the state and federal constitutions require North Dakota to provide t

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-09 Date issued: March 28, 1990 Requested by: S. F. "Buckshot" Hoffner Executive Director North Dakota Centennial Commission - QUESTION PRESENTED - Whether the Centennial Commission has the authority to transfer trust fund monies derived from the sale of official commemorative items and approved centennial items from its special revolving fund into the centennial tree program trust fund. - ATTORNEY GENERAL'S OPINION - It is m

N.D.A.G. Letter to Olson (March 27, 1990) March 27, 1990 Representative Alice Olson District 11 P.O. Box 8 202 Grace Street Cavalier, ND 58220 Dear Representative Olson: Thank you for your letter of January 3, 1990, requesting an opinion as to the legality of the Department of Public Instruction's (DPI's) distribution of the "Comprehensive Health Guidelines: K-12" (Guidelines) to the schools after the December 5, 1989, referral defeat of House Bill 1604, regarding comprehensive health education. In the following discussion, I will explain 1) the process which resulted in the distribut

N.D.A.G. Letter to Sinner (March 28, 1990) March 28, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your February 22, 1990, letter concerning the status of Pemina Yellowbird and her eligibility to remain as a member of the North Dakota State Historical Board. The laws governing the State Historical Board are found in N.D.C.C. ch. 55-01. N.D.C.C. § 55-01-01 requires each member of the State Historical Board to be a resident of North Dakota. Thus, Pemina must be a resident of North Dakota to continu

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-08 Date issued: March 23, 1990 Requested by: Jeffrey J. Peterson Burke County State's Attorney - QUESTIONS PRESENTED - I. Whether a county is required to continue funding poor relief at a level established before a reduction in revenues which support that program. II. Whether a county may continue to fund programs and services at current levels for persons now receiving poor relief benefits, and deny those benefits t

N.D.A.G. Letter to Whitman (March 20, 1990) March 20, 1990 Mr. Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your March 8, 1990, letter concerning a proposal to implement a tax levy to provide for a city job development authority pursuant to N.D.C.C. §§ 40-57.4-04 and 57-15-10(28). According to your letter, the Bismarck City Commission has raised a constitutional question concerning the propriety of tax moneys being used from this levy for the purposes of providing for a city job development authority or to contract with an

N.D.A.G. Letter to Wentz (March 19, 1990) March 19, 1990 Honorable Janet Wentz State Representative District 41 505 Eighth Avenue SE Minot, ND 58701 Dear Representative Wentz. Thank you for your February 11, 1990, letter requesting an Attorney General's opinion concerning the applicability of the open meetings and open records laws to the Minot State University Faculty Senate Executive Committee and the Faculty Senate meetings. Your primary question is whether the open meetings law applies to the Faculty Senate Executive Committee meetings. North Dakota's open meetings law e

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-07 Date issued: March 19, 1990 Requested by: Dr. Robert M. Wentz State Health Officer - QUESTIONS PRESENTED - I. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must receive a certificate of need from the State of North Dakota to establish a nursing home lawfully on the Turtle Mountain Reservation. II. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must comply with North Dak

N.D.A.G. Letter to Rayl (March 16, 1990) March 16, 1990 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol - Fourth Floor 600 East Boulevard Avenue Bismarck, ND 58505-0400 Dear Mr. Rayl: Thank you for your February 12, 1990, letter requesting an opinion on several issues concerning using budget stabilization fund moneys to restore funds cut from agencies' budgets pursuant to N.D.C.C. § 54-44.1-13.1. In your letter you indicate that pursuant to N.D.C.C. § 54-44.1-13.1 you have obtained the approval of the Budget Section of the Legislative Council and have reduc

N.D.A.G. Letter to Mertens (March 16, 1990) March 16, 1990 Honorable Charles F. Mertens Chairman Legislative Council State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0183 Dear Representative Mertens: Thank you for your December 20, 1989, letter requesting my opinion concerning using transfers from the budget stabilization fund to restore budget reductions that were made pursuant to N.D.C.C. § 54-44.1-13.1. I apologize for the delay in responding to your request. Your first question is whether an agency may spend moneys the Governor transfers from the budget stabilization

N.D.A.G. Letter to Mehrer (March 16, 1990) March 16, 1990 Mr. Owen K. Mehrer Stark County State's Attorney P.O. Box 130 Dickinson, ND 58602 Dear Mr. Mehrer: Thank you for your January 23, 1990, letter regarding interstate income withholding orders. You ask if it is appropriate under North Dakota law for a clerk of court to send an income withholding order to an out-of-state military pay center when an obligor is in the military service. You note that the alternative procedure would be to send the income withholding order to the state in which the obligor is located. You also note that

N.D.A.G. Letter to Jones (March 16, 1990) March 16, 1990 Mr. Lloyd A. Jones Commissioner North Dakota Game and Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your October 31, 1989, letter concerning the proposed management by the North Dakota Game and Fish Department (Department) of mitigation lands acquired for the Garrison Diversion Project. I apologize for the delay in answering your letter. The lands in question are acquired by the United States Bureau of Reclamation and the deeds are retained by the United States Fish and Wildl

N.D.A.G. Letter to Fine (March 16, 1990) March 16, 1990 Ms. Karlene Fine, Secretary Industrial Commission State Capitol 600 East Boulevard Bismarck, ND 58505 Dear Karlene: Thank you for your February 21, 1990, letter in which you ask whether the books, records (including mortgages), accounting methods, and internal controls (the "books and records") with respect to bonds of North Dakota, real estate series, issued under N.D.C.C. ch. 54-30 (the "Bonds") are subject to examination by the State Auditor. Before addressing your question, it may be helpful to summarize the

N.D.A.G. Letter to Williams (March 14, 1990) March 14, 1990 Honorable Wade Williams Representative Route 1, Box 22 Cleveland, ND 58424 Dear Representative Williams: It was nice to meet with you the other day. During our conversation, you asked whether or not the Legislature or any of its committees had authority to subpoena witnesses and records. In light of that discussion I am providing you the following information. I am enclosing a copy of N.D.C.C. ch. 54-03.2 which prescribes the procedures for legislative investigations. N.D.C.C. § 54-03.2-02(2) defines an investigating commi

N.D.A.G. Letter to Slorby (March 14, 1990) March 14, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot ND 58701 Dear Mr. Slorby: Thank you for your March 2, 1990, letter concerning the authority of a county to establish a garbage and trash collection system pursuant to N.D.C.C. § 11-11-14(13). N.D.C.C. § 11-11-14(13) allows a county to establish a garbage and trash collection system and further provides several options in purchasing and operating the system. Among the options available to the county is the creation of special assessments against parcels o

N.D.A.G. Letter to Quast (March 14, 1990) March 14, 1990 Mr. Larry Quast Stanton City Attorney P.O. Box 249 Beulah, ND 58523 Dear Mr. Quast: Thank you for your letter of December 21, 1989, regarding a new business tax exemption that the city of Stanton granted under N.D.C.C. ch. 40-57.1 for Avie's Drive In which is owned by Avaline Peterka. From your letter and its enclosures, which includes a November 17, 1989, letter you received from Robert W. Wirtz, chief counsel for the Tax Commissioner, as well as a January 17, 1990, letter I received from Ms. Peterka, it is my understanding that

N.D.A.G. Letter to Preszler (March 14, 1990) March 14, 1990 Mr. Gary D. Preszler Commissioner Department of Banking and Financial Institutions 13th Floor 600 East Boulevard Avenue Bismarck, ND 58505-0080 Dear Mr. Preszler: Thank you for your December 6, 1989, letter requesting my opinion as to whether N.D.C.C. ch. 13-05 requires a separate license for a "branch" location of a licensed collection agency. I apologize for the delay. N.D.C.C. § 13-05-02 provides: Except as otherwise herein provided, no person other than a collection agency licensed and authorized under this chapter

N.D.A.G. Letter to Wallner (March 13, 1990) March 13, 1990 Mr. Tom Wallner Executive Director State Council on Developmental Disabilities State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0250 Dear Mr. Wallner: Thank you for your February 20, 1990 letter. You ask if the State Council on Developmental Disabilities (Council) correctly perceives that its statutory authority is limited to recommending standards and rules for the certification of developmental disability professionals. You advise that the Council is without any autho

N.D.A.G. Letter to Manbeck (March 13, 1990) March 13, 1990 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your December 28, 1989, letter concerning a public school's posting of a restricted privileges list or a deficiency list. You state in your letter that a high school posts a list naming students who, in some way, have not lived up to the expectations of the teacher who placed them on the list. Once on the list, the students' use of certain school facilities is restricted. You ask whether the public posting of this

N.D.A.G. Letter to McIntee (March 9, 1990) March 9, 1990 Mr. Michael S. McIntee Upham City Attorney 207 Main Street South Box 90 Towner, ND 58788-0090 Dear Mr. McIntee: Thank you for your March 2, 1990, letter concerning an individual who seeks the office of mayor for the city of Upham. From your letter, it appears the individual is a member of a Board of Township Supervisors which raises questions concerning his eligibility for the position of mayor pursuant to N.D.C.C. § 40-13-01. The latter statute requires an elective municipal officeholder to be a qualified elector of that city an

N.D.A.G. Letter to Duppler (Feb. 28, 1990) February 28, 1990 Mr. Alan Duppler Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Duppler: Thank you for your February 7, 1990, letter regarding the recording of deeds and the investing of county moneys. The first issue you raised was whether N.D.C.C. § 11-18-02.2 applies to deeds that were issued and delivered prior to the effective date of the statute, but that are presented for recording after the effective date. A similar issue was raised in a 1981 opinion issued by this office. See 1981 N.D. Op. At

N.D.A.G. Letter to Yockim (Feb. 27, 1990) February 27, 1990 Honorable James Yockim State Senator 1123 Second Avenue East Williston, ND 58801 Dear Jim: Thank you for your December 29, 1989, letter in which you inquire whether it would be lawful for the executive branch to withhold special assessment deficiency grants and oil impact grants. The 1989 Session Laws provide for grants to mitigate the impact of unpaid special assessments in cities and counties affected by oil and gas development. 1989 N.D. Sess. Laws ch. 61, § 1. This law says the Board of University and School Lands "may" ma

N.D.A.G. Letter to Powers (Feb. 26, 1990) February 26, 1990 Mr. Thomas D. Powers Warden North Dakota State Penitentiary P.O. Box 5521 Bismarck, ND 58502-5521 Dear Warden Powers: Thank you for your January 2, 1990, letter requesting my opinion on whether the State Penitentiary is obligated to pay health insurance premiums on behalf of former employees who were terminated due to disability. As you indicate in your letter, I previously rendered an opinion on whether the Department of Agriculture was obligated to pay health insurance premiums for a former employee w

N.D.A.G. Letter to Richardson (Feb. 20, 1990) February 20, 199 Mr. John Richardson Commissioner Board of Higher Education State Capitol Bismarck, ND 58505 Dear Commissioner Richardson: Thank you for your January 19, 1990, letter inquiring of the ability of the Board of Higher Education to convert Mayville State University and Valley City State University to two-year colleges without amendment of the North Dakota Constitution. I assume conversion of these institutions to two year colleges will occur by modification of the courses offered at the institutions as well as by reorganizatio

N.D.A.G. Letter to Engmann (Feb. 20, 1990) February 20, 1990 Mr. Scott Engmann Executive Director North Dakota Retirement and Investment Office 1930 Burnt Boat Drive P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your December 13, 1989, letter requesting my opinion on whether the State Investment Board is authorized to expend fees received from agencies, institutions, and political subdivisions for the costs incurred by the Board in providing investment services to those entities. Specifically, you ask whether these costs are "investment costs" payable under the con

N.D.A.G. Letter to Collins (Feb. 20, 1990) February 20, 1990 Mr. Sparb Collins Executive Director N.D. Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your December 14, 1989, letter in which you request my opinion as to the interpretation of N.D.C.C. § 54-52.1-03.1. The following issues were raised in your letter. 1. Whether any county, city, school district, or district health unit that has not withdrawn in the last 24 months from the uniform group insurance plan is eligible to enroll its employees anytime

N.D.A.G. Letter to Wentz (Feb. 16, 1990) February 16, 1990 Robert M. Wentz, M.D. State Health Officer Department of Health and Consolidated Laboratories State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Wentz: Thank you for your February 5, 1990, letter regarding whether the State Department of Health and Consolidated Laboratories (Department) has authority to go on site and evaluate the operation of unlicensed facilities and medical hospitals to determine whether a license is required to operate those facilities. N.D.C.C. § 23-09.3-01 provides in pertinent part:

N.D.A.G. Letter to Syverson (Feb. 16, 1990) February 16, 1990 Mr. Gayle Syverson Deputy Auditor Office of the State Auditor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your May 26, 1989, letter requesting my opinion concerning the applicability of N.D.C.C. § 57-15-27 to district health units, townships, and other municipalities and the filing requirement for townships budgets. I regret the delay in providing a response. "The Legislature is empowered to write the rules that govern the levy of taxes, the collection thereof, and the purpos

N.D.A.G. Letter to Freed (Feb. 16, 1990) February 16, 1990 Mr. Robert A. Freed Assistant State's Attorney Stutsman County 511 Second Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your January 15, 1990, letter in which you request my opinion concerning the respective duties of the regional child support enforcement office and the office of the Stutsman County State's Attorney. You ask whether the state's attorney's office or the regional child support enforcement office is responsible for providing the legal services associated with order to show cause hearings

N.D.A.G. Letter to Hanson (Feb. 15, 1990) February 15, 1990 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your December 26, 1989, letter which requests my opinion as to whether 1989 N.D. Sess. Laws ch. 785, § II, unconditionally requires the State Treasurer to transfer $740,000 to the veterans' postwar trust fund on July 1 of each year, or if N.D.C.C. § 54-44.1-13.1 requires the director of the budget to reduce this amount by the estimated losses caused by the recent referendum. Chapter 785 of the 1

N.D.A.G. Letter to Freed (Feb. 14, 1990) February 14, 1990 Mr. Robert A. Freed Assistant State's Attorney Stutsman County State's Attorney's Office 511 Second Avenue Se Jamestown, ND 58401 Dear Mr. Freed: Thank you for your January 30, 1990, letter concerning the effect the enactment of N.D.C.C. § 34-11.1-02 had on the common law doctrine of incompatible offices. The doctrine of incompatible offices, as announced by our North Dakota Supreme Court in Tarpo v. Bowman Public Sch. Dist. No. 1 , 232 N.W.2d 67 (N.D. 1975), provides that two offices or positions are incompatible and may no

N.D.A.G. Letter to Flagstad (Feb. 14, 1990) February 14, 1990 Mr. Mark A. Flagstad Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Flagstad: Thank you for your February 12, 1990, letter concerning the procedures to be followed in the processing of persons wanted for offenses occurring outside of the State of North Dakota. N.D.C.C. ch. 29-30.3 governs the procedures to be followed in apprehending and processing persons in North Dakota who have committed crimes outside of the state of North Dakota. This chapter recognizes distinc

N.D.A.G. Letter to Diemert (Feb. 14, 1990) February 14, 1990 Mr. Daniel G. Diemert Dickey County State's Attorney P.O. Box 39 Ellendale, ND 58436-0039 RE: Sheriff Mileage Dear Mr. Diemert: Thank you for your January 18, 1990, letter in which you have inquired whether a sheriff may retain mileage payments received for the service of civil process or whether such payments must be deposited with the county treasurer. You have also inquired as to whether the county commission may require a sheriff to turn over such mileage payments to the county treasurer along with other fees collected fo

N.D.A.G. Letter to McBeth (Feb. 13, 1990) February 13, 1990 Mr. Ronald W. McBeth Richland County Assistant State's Attorney Law Enforcement Center 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your January 31, 1990, letter concerning the manner in which municipal extra-territorial zoning is to be determined. N.D.C.C. § 40-47-01.1 provides for municipal extra-territorial zoning authority. Essentially, cities may, by ordinance, extend their zoning authority to areas outside of their city limits. Prior to 1981, the extension of city zoning authority occurred o

N.D.A.G. Letter to Backes (Feb. 13, 1990) February 13, 1990 Mr. Richard J. Backes Director, North Dakota Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Backes: Thank you for your January 19, 1990, letter requesting an opinion concerning your authority to eliminate the payment of Transportation Department employee meal allowances incurred during the first, second, and third quarters of the day as provided for by N.D.C.C. § 44-08-04. N.D.C.C. § 44-08-04 provides that elective and appointed officers, as well as employees and agen

N.D.A.G. Letter to Lamb (Feb. 12, 1990) February 12, 1990 Mr. Joseph S. Lamb President Bank of North Dakota P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your January 5, 1990, letter requesting my opinion on whether the Bank of North Dakota (BND) is authorized to pay the administrative expenses of Student Loans of North Dakota (SLND) from SLND's program revenues. BND is the state agency designated to administer North Dakota's guarantee loan programs and act as the guarantee agency. N.D.C.C. § 15-62.1-01. BND pays dire

N.D.A.G. Letter to Lamb (Feb. 9, 1990 ) February 9, 1990 Mr. Joseph S. Lamb President Bank of North Dakota Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your January 11, 1990, letter requesting my opinion on whether the Bank of North Dakota may sell mortgaged real estate premises in parcels rather than as a single tract. The Bank may receive a greater value if it is able to designate smaller parcels of real estate at sheriff's sales. Mortgages held by the Bank of North Dakota are generally foreclosed by advertisement in accordance with N.D.C.C. ch. 35-22. The mortgag

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-06 Date issued: February 5, 1990 Requested by: Gerald Rustad Williston City Attorney - QUESTION PRESENTED - Whether an ordinance fixing the salary and fringe benefits of city employees at a certain level may be enacted by initiative in cities operating under the commission form of government. - ATTORNEY GENERAL'S OPINION - It is my opinion than an ordinance fixing the salary and fringe benefits of city employees at

N.D.A.G. Letter to Knell (Jan. 26, 1990) January 26, 1990 Honorable Gary Knell District 33 House of Representatives P.O. Box 233 Hazen, ND 58545 Dear Representative Knell: Thank you for your recent letter inquiring of the status of a student survey in light of North Dakota's open records law. According to your letter and a telephone conversation you had with a member of my staff, a school district has obtained a student survey from a company located in Chicago, Illinois. That survey has been distributed and answers have been collected. A student's parent has asked to review the survey

N.D.A.G. Letter to Tokach (Jan. 24, 1990) January 24, 1990 Honorable Dick Tokach House of Representatives District 53 HCR2, Box 48 St. Anthony, ND 58566 Dear Representative Tokach: Thank you for your January 15, 1990, letter in which you have raised several questions concerning the trespass laws of this state after having received an inquiry from a constituent. Your constituent claims that a double standard exists in application of the trespass laws between rural and urban properties. I have enclosed with this letter a copy of the trespass laws as found in N.D.C.C. §§ 12.1-22-03 and