North Dakota Attorney General Opinions

N.D.A.G. Letter to Bopp (Aug. 31, 1992) August 31, 1992 Mr. Lyle R. Bopp Sargent County State's Attorney Box 125, Main Street Forman, ND 58032 Dear Mr. Bopp: Thank you for your May 1, 1992, letter requesting an opinion as to whether a new school district consisting of a group of former school districts that is formed pursuant to N.D.C.C. ch. 15-27.6, school district boundary restructuring, may impose varying general fund mill levies on the areas comprising the former school districts in order to accomplish an equitable adjustment of assets. You indicate in your letter that the Southeas

N.D.A.G. Letter to Burke (Aug. 26, 1992) August 26, 1992 Ms. Patricia L. Burke Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your August 14, 1992, letter asking whether a county commission can refuse to accept the proposed home rule charter from the home rule charter commission under N.D.C.C. § 11-09.1-02. You also ask, if the answer to the foregoing question is in the affirmative, does the board of county commissioners have the authority to alter or modify the proposed home rule charter before it is submitted to a vote. The

N.D.A.G. Letter to Riha (Aug. 25, 1992) August 25, 1992 Mr. Richard J. Riha Assistant State's Attorney Office of State's Attorney Courthouse 514 E. Thayer Ave. Bismarck, ND 58501 Dear Mr. Riha: Thank you for your letter of July 10, 1992, wherein you request an interpretation of N.D.C.C. § 14-07-15. N.D.C.C. § 14-07-15 provides, in relevant part: 14-07-15. Abandonment or nonsupport of child - Penalty. Every parent or other person legally responsible for the care or support of a child who is unable to support himself by lawful employment, who wholly abandons su

N.D.A.G. Letter to Sanstead (Aug. 24, 1992) August 24, 1992 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your April 14, 1992, letter concerning the authority of the North Dakota School for the Blind to charge North Dakota school districts for the cost of summer school special education programs conducted for students at the North Dakota School for the Blind. North Dakota school districts are to provide special education to handicapped children in accordance with North Dakota Centu

N.D.A.G. Letter to McLean (Aug. 24, 1992) August 24, 1992 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your July 24, 1992, letter concerning the collection of delinquent real estate taxes on real property subject to the lien of a mortgage held by the State Treasurer as trustee for the state of North Dakota. As you apparently are aware, the lien of the unpaid taxes is subordinate to the lien of the mortgage, and a tax sale of the real property is subject to suspension if the mortgage should be foreclosed and title

N.D.A.G. Letter to Kingstad (Aug. 19, 1992) August 19, 1992 Mr. Tim Kingstad State Land Commissioner State Land Department 918 E Divide Avenue, Suite 410 Drawer 5523 Bismarck, ND 58502-5523 Dear Mr. Kingstad: Thank you for your June 10 and July 8, 1992, letters in which you ask about the propriety of commingling various state funds for investment purposes. In particular, you ask whether the funds managed by the Board of University and School Lands (Land Board) can be commingled amongst themselves, as well as with the State Bonding Fund, State Fire and Tornado Fund, and Worker's Compen

57 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-13 Date issued: August 19, 1992 Requested by: Honorable Ron Carlisle State Representative - QUESTIONS PRESENTED - I. Whether it is a violation of N.D. Const. art. X, ' 21 for the Board of University and School Lands to invest coal severance tax trust fund moneys in shares of the Myron G. Nelson Fund, Incorporated. II. Whether it is a violation of N.D. Const. art. X, ' 18 for the Board of University and S

N.D.A.G. Letter to McLean (Aug. 18, 1992) August 18, 1992 Mr. Stephen M. McLean City Attorney City Hall 115 South 5th Street Oakes, ND 58474-1699 Dear Mr. McLean: Thank you for your June 12, 1992, letter concerning city bidding requirements, rejection of all bids, and changes to requests for bids. You ask whether, after rejection of all bids, a city may negotiate a contract for services for waste hauling or if it must rebid the proposed contract if its ordinance requires competitive bidding "whenever possible." You further inquire whether proposed contract specifications concerning

N.D.A.G. Letter to McLean (Aug. 18, 1992) August 18, 1992 Mr. Stephen M. McLean City Attorney City Hall 115 South 5th Street Oakes, ND 58474-1699 Dear Mr. McLean: Thank you for your June 12, 1992, letter concerning city bidding requirements, rejection of all bids, and changes to requests for bids. You ask whether, after rejection of all bids, a city may negotiate a contract for services for waste hauling or if it must rebid the proposed contract if its ordinance requires competitive bidding "whenever possible." You further inquire whether proposed contract specifications concerning

N.D.A.G. Letter to Johnson (Aug. 18, 1992) August 18, 1992 Mr. Dennis E. Johnson McKenzie County State's Attorney PO Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your April 15, 1992, letter concerning expulsion from school of a child of an indigent family. You inquire whether the failure of the expelling school district to pay the tuition for attendance of the expelled student at another school district when the child's family is unable to pay the tuition violates North Dakota's constitutional right to an education. I am sorry for the delay in finalizing the response.

N.D.A.G. Letter to Lips (Aug. 17, 1992) August 17, 1992 Senator Evan E. Lips District 47 P.O. Box 775 Bismarck, ND 58501 Dear Senator Lips: Thank you for your July 9, 1992, letter asking whether current state law allows the State Fire and Tornado Fund to offer insurance covering boilers and machinery, money and securities, glass, and business interruption. The North Dakota Commissioner of Insurance manages the State Fire and Tornado Fund. The fund must be maintained as a fund to insure the various state industries, the various political subdivisions, any international peace garden, an

N.D.A.G. Letter to Reule (Aug. 13, 1992) August 13, 1992 Mr. Roger Reule Executive Director North Dakota Racing Commission Office of Attorney General 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Reule: You have inquired as to whether the North Dakota Racing Commission may expend moneys and earnings upon moneys deposited in the racing promotion fund as created by the 1991 Legislative Assembly in House Bill No. 1260. N.D.C.C. § 53-06.2-11 was amended by the 1991 Legislative Assembly in Senate Bill No. 2193 and House Bill No. 1260. Senate Bill No. 2193, as enacted by the Legis

N.D.A.G. Letter to Lies (Aug. 13, 1992) August 13, 1992 Mr. Steven J. Lies Wahpeton City Attorney P.O. Box 275 Wahpeton, ND 58074-0275 Dear Mr. Lies: Thank you for your June 22, 1992, letter wherein you inquire whether a county may initiate a proceeding which modifies or eliminates an ad valorem tax exemption granted by a city under N.D.C.C. ch. 40-57.1. Enclosed is a copy of a March 14, 1990, letter to Mr. Larry Quast, Stanton City Attorney, wherein I concluded that a county may initiate a proceeding to eliminate an exemption granted by a city under N.D.C.C. ch. 40-57.1 if the exempti

N.D.A.G. Letter to Tracy (Aug. 11, 1992) August 11, 1992 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russell Bldg., Hwy 83 N. 4007 N. State St. Bismarck, ND 58501 Dear Ms. Tracy: Thank you for your July 14, 1992, letter requesting my opinion on whether N.D.C.C. ch. 15- 52 requires the North Dakota Workers Compensation Bureau ("Bureau") to pay medical charges submitted by the University of North Dakota Medical Center Rehabilitation Hospital ("MCRH") which exceed the medical fee schedule adopted by the Bureau pursuant to N.D.C.C. § 65-02-08 and N.D. Admin. Code § 92-0

N.D.A.G. Letter to Peterson (Aug. 4, 1992) August 4, 1992 Honorable Robert W. Peterson State Auditor State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Thank you for the April 14, 1992, letter sent by Audit Director Wayne Hokenson of your office concerning the application of North Dakota's unclaimed property act, North Dakota Century Code (N.D.C.C.) ch. 47-30.1, with respect to warrants canceled by counties, school districts, and cities. N.D.C.C. §§ 11-25-05, 15-29-14, and 40-16-13 allow counties, school districts, and cities, respectively, to cancel warrants drawn on any fund of

N.D.A.G. Letter to Hagen (Aug. 3, 1992) August 3, 1992 Honorable Craig Hagen Commissioner of Labor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your June 17, 1992, letter concerning the relationship between the federal Fair Labor Standards Act, North Dakota's Minimum Wage and Work Conditions Rules, and home rule ordinances adopted by a North Dakota city or county. You ask for a clarification of my April 1, 1992, opinion on the application to political subdivisions of North Dakota's Minimum Wage and Work Conditions Rules. In my April

N.D.A.G. Letter to Mattson (July 28, 1992) July 28, 1992 Mr. Douglas L. Mattson Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Mattson: I am in receipt of your July 22, 1992, letter in which you inquire, on behalf of the Ward County commissioners, whether individuals handing out political brochures or obtaining signatures for petitions at the North Dakota State Fair may be restricted to conducting those activities from a rented booth. Enclosed with your letter was the Motion by the Ward County commissioners, the "Concessionaire and/or Exhibito

N.D.A.G. Letter to Enget (July 24, 1992) July 24, 1992 Mr. Wade G. Enget States Attorney Mountrail County PO Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your July 2, 1992, letter requesting an opinion on various issues relating to the dissolution of the Palermo School District. You indicate in your letter that the Palermo School District has gone through dissolution proceedings as outlined in N.D.C.C. ch. 15-27.4, and that the dissolution became effective on July 1, 1992. You also indicate that during the dissolution proceedings at the county and state levels, it appeare

55 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-12 Date issued: July 2, 1992 Requested by: Heidi Heitkamp State Tax Commissioner - QUESTION PRESENTED - Whether a motor vehicle is subject to the North Dakota motor vehicle excise tax if it is purchased by an Indian tribe or an enrolled member of the tribe from a seller located off the tribe's reservation if the situs of the transfer of the title and possession is on the reservation. - ATTORNEY GENERAL'S

N.D.A.G. Letter to Rustan (June 3 0, 1992) June 30, 1992 Mr. Jerril Rustan, Chair Agricultural Products Utilization Commission State Capitol Bismarck, ND 58505 Dear Mr. Rustan: Thank you for your June 1, 1992, letter in which you ask my opinion concerning whether the North Dakota Agricultural Products Utilization Commission ("APUC") may legally accept funds from the North Dakota State Wheat Commission ("Wheat Commission") for the purpose of funding wheat-related economic development projects. This question is similar to the question I addressed in my April 1, 1992, letter to you, e

.D.A.G. Letter to Graham (June 3 0, 1992) N une 30, 1992 J Mr. John A. Graham Executive Director rvices ND Department of Human Se g State Capitol - Judicial Win ue 600 E Boulevard Aven ismarck, ND 58505 B D ear Mr. Graham: Thank you for your June 10, 1992, letter regarding correspondence you have received from Eunice S. Thomas, Director, Office of Community Services, Administration for Children and Families, United States Department of Health and Human Services. Ms. Thomas asks that you secure an interpretation from this office concerning the requirements of fede

N.D.A.G. Letter to Sanstead (June 29, 1992) June 29, 1992 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0440 Dear Dr. Sanstead: Thank you for your December 18, 1991, letter in which you inquire whether, under North Dakota Century Code (N.D.C.C.) § 15-40.2-08(2), the school district of residence must pay the tuition of a student transferred to Jamestown State Hospital under a court order when the court did not notify the school district of residence of the placement. During the 1990-1991 school year, the Grand Fork

N.D.A.G. Letter to Fitzner (June 29, 1992) June 29, 1992 Mr. Jon Fitzner City Attorney, Valley City PO Box 330 Valley City, ND 58072 Dear Mr. Fitzner: Thank you for your April 17, 1992, letter requesting an opinion as to whether the existing Valley City Park District (hereafter Park District) may be dissolved to eliminate it and return its current responsibilities to the Valley City City Commission (hereafter City Commission). You also ask by what means and procedures such action could be accomplished by the electors of the city of Valley City. You indicated that the current Park Distr

N .D.A.G. Letter to Johnson (June 19, 1992) une 19, 1992 ty State's Attorney atford City, ND 58854 ear Mr. Johnson: it atisfies a local property tax lien. I apologize for the delay in responding to your request. d upon by the Small Business dministration in enacting 15 USC § 646 which provides: 646. Liens. terests if such interests were held by any party other than the United States. perty tax lien. A review of the case w reveals that the courts are divided on this issue. eals, in United States v. Consumer Scrap Iron J Mr. Dennis E. Johnson McKenzie Coun P.O. Box 1288 W D Thank you f

N.D.A.G. Letter to Lindell (June 18, 1992) June 18, 1992 William F. Lindell P.O. Box 427 Washburn, ND 58577-0427 Dear Mr. Lindell: Thank you for your April 22, 1992, letter in which you request an opinion concerning whether persons employed by the U.S. Geological Survey and agencies of the state of North Dakota are required to post a bond under N.D.C.C. ch. 43-35. In order to answer your question, it is necessary to examine the statutes and rules that define when a bond is required. N.D.C.C. § 43-35-14 provides: Before receiving a certificate under this chapter, a qualified applicant

N.D.A.G. Letter to Rudnick (June 16, 1992) June 16, 1992 Donald J. Rudnick, Chairman North Dakota Private Investigative and Security Board P.O. Box 7026 Bismarck, ND 58502-7026 Dear Mr. Rudnick: Thank you for your May 26, 1992, letter in which you have asked for clarification of the status of release of law enforcement records under North Dakota Century Code (N.D.C.C.) § 44-04-18, the North Dakota open records law. Unless specifically exempted by law, records maintained by a public agency are within the open records law and subject to inspection by members of the

N.D.A.G. Letter to Kusler (Jun. 16, 1992)

48 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-11 Date issued: May 29, 1992 Requested by: Owen K. Mehrer Stark County State's Attorney - QUESTION PRESENTED - Whether the term "current monthly support obligation" as used in N.D.C.C. ' 14-09-09.13 refers to the monthly amount of support established under a judgment of divorce, separation, annulment or paternity (and, if modified, under the modification) or to an amount set by a subsequent "ability to pay" order.

Production that leaves a centralized storage facility is also measured by meters. The meters that measure production prior to its entering a centralized storage facility are generally known as allocation meters. The meters used to measure production out of a N .D.A.G. Letter to Yochim (May 26, 1992) ay 26, 1992 kim East illiston, ND 58801 ear Senator Yockim: hority to test sales meters under the eneral authority granted to it in N.D.C.C. § 64-02-13. ty to test sales meters under the general authority ranted to it by N.D.C.C. § 64-02-13. ship when the production om those wells is commingl

N.D.A.G. Letter to Jones (May 26, 1992) May 26, 1992 Mr. Lloyd A. Jones, Director N.D. Game and Fish Dept. 100 N. Bismarck Expwy. Bismarck, ND 58501 Dear Mr. Jones: Thank you for your February 10, 1992, letter in which you request an opinion on the ability of the North Dakota Wetlands Trust ("Trust") to purchase farmland in North Dakota. In your letter you ask two questions, which are answered separately below. Question No. 1 : Whether the Trust may purchase and acquire title to real property without violating the provisions of N.D.C.C. ch. 10-06? Answer No. 1 : The Trust was inco

N .D.A.G. Letter to Wogsland (May 19, 1992) ay 19, 1992 Wogsland tor annaford, ND 58448 ear Senator Wogsland: t of a school district that is involved in a school istrict boundary restructuring consortium. time. N.D.C.C. §§ 15-27.6-07. See M Honorable Dan State Sena District 23 Route 1, Box 196 H D Thank you for your letter, received by my office on March 16, 1992 (dated February 25, 1992), regarding the authority to annex ou d N.D.C.C. § ch. 15-27.6 applies to school district boundary restructuring. Such restructuring contemplates the cooperation of numerous contiguous school

N.D.A.G. Letter to Solberg (May 18, 1992) May 18, 1992 Mr. Wayne O. Solberg City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your March 12, 1992, letter concerning whether North Dakota Century Code (N.D.C.C.) § 44-04-18.1 applies to a contracted health insurance administrator or provider authorizing that organization to refuse to provide information to a city concerning health insurance benefits received by that city's employees under the contract with the health care administrator or provider. Records of governmental bodies in North Dakota are open and

N.D.A.G. Letter to Collins (May 18, 1992) May 18, 1992 Mr. Sparb Collins Executive Director ND Public Employees Retirement System Box 1214 Bismarck, ND 58502-1214 Dear Mr. Collins: Thank you for your November 25, 1991, letter concerning the eligibility requirements for investment providers to the state's deferred compensation plan as applicable to the Lutheran Brotherhood and the Knights of Columbus. I apologize for the delay in responding. Specifically, you ask whether an organization that meets the deferred compensation plan provider licensing and participat

N.D.A.G. Letter to Velure (May 5, 1992) May 5, 1992 Robert J. Velure, D.V.M. Executive Officer and State Veterinarian Board of Animal Health State Capitol, Judicial Wing 600 E. Boulevard Bismarck, ND 58505 Dear Dr. Velure: Thank you for your April 16, 1992, letter regarding the sale of animal by-products from a quarantined herd. For the reasons set forth below, it is my opinion that the sale of such products is impermissible. The Board of Animal Health ("Board") may quarantine domestic animals or captive wildlife which are or may be infected with any contagious or infectious diseas

N.D.A.G. Letter to Enget (May 4, 1992) May 4, 1992 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your March 26, 1992, letter regarding the disposition of property of a vector control district upon its dissolution. The board of commissioners of a vector control district (hereafter Board) may "dispose of real or personal property in the name of the district." N.D.C.C. § 23-24-08(6). Thus, as long as previous members of the vector control district have withdrawn in accordance with N.D.C.C. § 23-24-02.1, disposal of any

N.D.A.G. Letter to Selinger (May 1, 1992) May 1, 1992 Mr. Bruce A. Selinger Slope County States Attorney PO Box 1173 Dickinson, ND 58601 Dear Mr. Selinger: Thank you for your March 4, 1992, letter requesting an opinion as to whether Slope County may make a donation of money to the New England Library. You also ask whether the Slope County commissioners may divide Slope County into a Bowman library district and a New England library district and use a mill levy from one district to support the Bowman Library and a mill levy from the other district to support the New England Library. Yo

N.D.A.G. Letter to Tracy (April 27, 1992) April 27, 1992 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russell Building 4007 North State Street Bismarck, ND 58501-0600 Dear Ms. Tracy: Thank you for your March 11, 1992, letter inquiring whether N.D.C.C. § 65-05-09.1 requires any fees and costs paid to a lay person representative be deducted from the primary insurance amount before the amount of the Social Security offset is calculated. N.D.C.C. § 65-05-09.1 provides in pertinent part: When an injured employee, spouse or dependent of an injured employee, is eligible f

N .D.A.G. Letter to McBeth (April 23, 1992) pril 23, 1992 ssistant ahpeton, ND 58075 ear Mr. McBeth: r purposes of the farm residence property tax exemption in N.D.C.C. § 57-02- 8(15). of armer" for purposes of the farm residence exemption. The term is defined as follows: 2. A Mr. Ronald W. McBeth Richland County A State's Attorney 413 3rd Avenue North W D Thank you for your February 27, 1992, letter in which you request clarification of the word "age" fo 0 N.D.C.C. § 57-02-08(15) provides that all farm structures and improvements, including farm residences located on agricultural l

N .D.A.G. Letter to McBeth (April 23, 1992) pril 23, 1992 ssistant ahpeton, ND 58075 ear Mr. McBeth: r purposes of the farm residence property tax exemption in N.D.C.C. § 57-02- 8(15). of armer" for purposes of the farm residence exemption. The term is defined as follows: 2. A Mr. Ronald W. McBeth Richland County A State's Attorney 413 3rd Avenue North W D Thank you for your February 27, 1992, letter in which you request clarification of the word "age" fo 0 N.D.C.C. § 57-02-08(15) provides that all farm structures and improvements, including farm residences located on agricultural l

N.D.A.G. Letter to Dexheimer (April 23, 1992) April 23, 1992 Mr. Gordon A. Dexheimer McHenry County State's Attorney P.O. Box 546 Towner, ND 58788 Dear Mr. Dexheimer: Thank you for your March 25, 1992, letter asking whether Martin Luther King Day should be recognized as a legal holiday. The 1991 Legislative Session amended N.D.C.C. § 1-03-01(3) to provide in pertinent part: Holidays are as follows: . . . 3. The third Monday of January, which is Martin Luther King Day, in recognition of the life, legacy, and dream of Martin Luther King, Jr. In addition to amending N.D.C.C. § 1-03-

N.D.A.G. Letter to Dalsted (April 21, 1992) April 21, 1992 Mr. Kenneth L. Dalsted City Attorney P.O. Box 1727 Jamestown, ND 58402-1727 Dear Mr. Dalsted: Thank you for your March 2, 1992, letter requesting an opinion regarding the authority of the board of directors of a public library established pursuant to N.D.C.C. ch. 40-38 to borrow money. A library board is a governmental unit that has only those powers specifically granted to it by the Legislature or necessarily implied therefrom. Thus, a library board can incur debt only in the manner authorized by law. The powers and duties

42 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 92-09 Date issued: April 21, 1992 Requested by: Dr. Wayne G. Sanstead Superintendent of Public Instruction - QUESTION PRESENTED - Whether a general fund tax levy for a reorganized school district created through restructuring under N.D.C.C. ch. 15-27.6 must be levied at the same rate for the entire reorganized district, or whether the general fund levy may be at the same rate for some purposes but at differing ra

N.D.A.G. Letter to Vogel (April 20, 1992) April 20, 1992 Ms. Sarah Vogel Commissioner of Agriculture State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your March 4, 1992, letter regarding the certification of pesticide dealers. You asked whether a business certified as a pesticide dealer must provide a certified individual at each of the business' branch locations. For the reasons set forth below, it is my opinion that North Dakota law does not require a certified individual at each branch location. North Dakota Century Code (N.D.C.C.) §

N.D.A.G. Letter to Woods (April 16, 1992) April 16, 1992 Mr. William E. Woods, Jr. City Attorney PO Box 10 Parshall, ND 58770 Dear Mr. Woods: Thank you for your February 5, 1992, letter asking whether the city of Parshall may issue revenue bonds under N.D.C.C. ch. 40-35 to finance the cost to over-coat certain city streets. I understand that you have also discussed this matter with a member of my legal staff. In 1986 the city replaced its water lines. This project involved cutting through and removing approximately one-third of the asphalt surface of the city's streets. At that tim

N.D.A.G. Letter to Mattson (April 16, 1992) April 16, 1992 Mr. Doug Mattson Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Mattson: Thank you for your March 23, 1992, letter asking if a court has the authority to order the North Dakota Department of Transportation to suspend a person's driver's license as part of the sentence given under North Dakota Century Code § 19-03.1-30. After asking the question, you elaborated on the jurisdictional aspect of whether the authority to suspend a person's driver's license was vested in the NDDOT or vested currently wit

N.D.A.G. Letter to Thompson (April 15, 1992) April 15, 1992 Honorable Kenneth N. Thompson District 39 PO Box 595 Beach, ND 58621 Dear Representative Thompson: Thank you for your February 5, 1992, letter in which you ask several questions concerning a job development authority established pursuant to N.D.C.C. ch. 11-11.1. You state that your questions have arisen in connection with your appointment as a member of the job development authority (the "Authority) which has recently been created by the Billings County board of county commissioners (the "Board"). You also state that the Boa

N.D.A.G. Letter to Kusler (April 9, 1992) April 9, 1992 Honorable Jim Kusler Secretary of State State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Mr. Kusler: Thank you for your January 14, 1992, letter in which you inquire as to whether a cooperative association can continue to exist with a single member. You indicate that a cooperative association incorporated in your office in 1976 has experienced declining membership and that the membership has declined to a single member. You reference North Dakota Century Code (N.D.C.C.) ch. 10-15 and indicate further that you are u