North Dakota AG Opinions, 1991

5 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-02 Date issued: February 4, 1991 Requested by: Craig Hagen, Commissioner of Labor - QUESTION PRESENTED - Whether, under N.D.C.C. ' 34-14-02, an employer may require its employees to participate in a direct deposit program at a financial institution for the receipt of wages. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 34-14-02 does not authorize an employer to unilaterally require its employees t

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-01 Date issued: February 4, 1991 Requested by: Cameron D. Sillers Cavalier County State's Attorney - QUESTION PRESENTED - Whether continued receipt of public assistance benefits prevents a person from gaining a new county of legal residence for poor relief purposes. - ATTORNEY GENERAL'S OPINION - It is my opinion that continued receipt of public assistance benefits prevents a person from gaining a new county of legal

N.D.A.G. Letter to Johnson (Jan. 30, 1991) January 30, 1991 Mr. James O. Johnson City Attorney P.O. Box 68 Garrison, ND 58540 Dear Mr. Johnson: Thank you for your January 7, 1991, letter requesting my opinion on the effect of a city's being unable to find a willing qualified candidate for the zoning commission. You ask if the candidate sought must reside outside the city limits but within the one-half mile territorial limit of the zoning regulation authority. The pertinent portion of North Dakota Century Code section 40-47-06 provides: In addition to the members appointed by the city,

N.D.A.G. Letter to Clayburgh (Jan. 30, 1991) January 30, 1991 Representative Richard S. Clayburgh House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Clayburgh: Thank you for your January 28, 1991, letter requesting my opinion on the constitutionality of prohibiting sales of alcohol on Good Friday. While I cannot give a definitive answer to your question, the prohibition against sale of alcohol on Good Friday is probably a violation of the establishment clause of the first amendment to the United States Constitution. That clause prohibit

N.D.A.G. Letter to Sinner (Jan. 25, 1991) January 25, 1991 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your recent request concerning adoption and enforcement of floodplain management regulations and North Dakota statutes controlling that process. For the reasons stated below, it is my opinion that N.D.C.C. §§ 11-33-02 and 58-03-11 and ch. 54-21.3 do not preclude North Dakota counties and townships from adopting and enforcing flood plain management regulations meeting the minimu

N.D.A.G. Letter to Yokim (Jan. 24, 1991) January 24, 1991 The Honorable Jim Yockim Senator, District 1 Senate Chambers State Capitol Building Bismarck, ND 58505 Dear Senator Yockim: Thank you for your letter of November 14, 1990, in which you asked whether land quitclaimed to a county for a highway right-of-way in 1933 also conveyed the minerals underlying the highway right-of-way. In 1933 a county's authority to acquire real property for a public purpose was regulated by two statutory provisions. Under the Complied Laws of 1913, section 8203, which was amended by 1931 N.D. Sess. La

N.D.A.G. Letter to Sinner (Jan. 21, 1991) January 21, 1991 Honorable George A. Sinner Governor State Capitol Bismarck, ND 58505 Dear Governor Sinner: Thank you for your January 9, 1991, letter concerning the legality of a North Dakota board or commission applying for a commercial credit card for the payment of travel, lodging, and meal expenses while on public business. N.D.C.C. § 44-08-03 provides: No elective or appointive officer, employee, representative, or agent of this state, or of any of its subdivisions, agencies, bureaus, boards, or commissions, shall wil

N.D.A.G. Letter to Dalstad (Jan. 16, 1991) January 16, 1991 Mr. Kenneth l. Dalsted Jamestown City Attorney P.O. Box 1727 Jamestown ND 58402-1727 Dear Mr. Dalsted: Thank you for your December 20, 1990, letter wherein you ask for my opinion regarding the authority of the City of Jamestown to enact a city sales tax under its home rule charter. You state in your letter that the City of Jamestown adopted a Home Rule Charter on March 7, 1978, which among other things, essentially adopted provisions of N.D.C.C. § 40-05.1-06(2) in Article 3(b) of the Charter. This provision provides: 40-05.

N.D.A.G. Letter to Cleveland (Jan. 9, 1991) January 9, 1991 Ms. Constance L. Cleveland Assistant State's Attorney Burleigh County Courthouse Bismarck, ND 58501 Dear Ms. Cleveland: Thank you for your August 30, 1990, letter requesting an Attorney General's opinion concerning the requirement for counsel for juveniles under N.D.C.C. § 27-20-26. The question you raise concerns the interpretation of N.D.C.C. § 27-20-26 and its application to the interview of a child concerning an ongoing investigation which implicates the child. Thus, the questioning you are concerned

N.D.A.G. Letter to Enget (Jan. 7, 1991) January 7, 1991 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your December 19, 1990, letter. The questions you raise are answered, in part, by a prior opinion issued by this office. See 1982 N.D. Op. Att'y Gen. 108. I have enclosed a copy of that opinion for your information. You first asked whether a re-elected sheriff has a statutory right to request that all of his employees reapply for their positions at the beginning of the new term of office. I have found no statute tha

N.D.A.G. Letter to Vogel (Jan. 4, 1991) January 4, 1991 Ms. Sarah Vogel Commissioner of Agriculture State Capitol Building INSIDE MAIL 600 East Boulevard Avenue Bismarck, North Dakota 58505 Dear Commissioner Vogel: Thank you for your October 29, 1990, letter in which you request my opinion regarding the applicability of N.D.C.C. ch. 43-29 to ultrasound devices used for the purposes of detecting pregnancy in livestock by a person who is not licensed to practice veterinary medicine. The law prohibits testing for pregnancy by a manual procedure by anyone who is not licensed to practice

N.D.A.G. Letter to Omdahl (Jan. 3, 1991) January 3, 1991 Honorable Lloyd Omdahl Lt. Governor State Capitol Bismarck, ND 58505 Dear Lt. Governor Omdahl: Thank you for your November 23, 1990, letter inquiring whether employees of the public corporations formed pursuant to N.D.C.C. § 54-56-04 may be bonded through the State Bonding Fund. N.D.C.C. ch. 54-56 established the Children's Services Coordinating Committee (hereafter the Committee) comprised largely of state executive officials whose function is to "plan for and coordinate delivery of services to children and adole