North Dakota Attorney General Opinions

N.D.A.G. Letter to Witham (Jan. 6 , 1992) January 6, 1992 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your December 17, 1991, letter. You called my attention to circumstances which oblige McHenry County to raise the salaries of two social service employees. The circumstances obliging McHenry County to raise these employees' salaries occurred after the 1992 budget was fixed when, on November 18, 1991, the State Personnel Board changed the pay grades assigned to some social service workers. You advise that the social servi

N.D.A.G. Letter to Wagner (Jan. 6, 1992) January 6, 1992 Mr. Bernard Wagner Chairman Administrative Committee on Veterans Affairs Sanborn, ND 58480 Dear Mr. Wagner: Thank you for your August 21, 1991, letter concerning whether the Department of Veterans' Affairs or the North Dakota Veterans' Home must have an appropriation to spend moneys the Administrative Committee on Veterans' Affairs authorizes for special projects. I apologize for the delay in responding. The 1991 Legislative Assembly enacted House Bill No. 1009 providing an appropriation for defraying the expenses of t

N.D.A.G. Letter to Preszler (Jan. 3, 1992) January 3, 1992 Gary D. Preszler, Commissioner Department of Banking and Financial Institutions State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Gary: Thank you for your September 4, 1991, letter in which you ask the following questions concerning loan production offices: 1. Does North Dakota law expressly allow a state-chartered bank to establish a loan production office? 2. If the answer to no.1 is "no," is a loan production office a "branch" within N.D.C.C. § 6-03-13.4? 3. If a loan production office is a "branch," is

93 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-24 Date issued: December 30, 1991 Requested by: Timothy L. Kingstad, Land Commission - QUESTIONS PRESENTED - I. Whether the terms "mineral" and "mineral interests" in N.D.C.C. '' 15-08.1-02.1 and 15-08.1-03 include all minerals of any nature whatsoever. II. Whether N.D.C.C. ' 15-08-27 or N.D.C.C. ' 38-09-01 governs the terms of a mineral reservation clause in the sale of land subject to N.D.C.C. ch. 15- 08.1. - ATTORN

N.D.A.G. Letter to Lee (Dec. 26, 1991) December 26, 1991 Mr. Robert N. Lee City Attorney PO Box B Cavalier, ND 58220 Dear Mr. Lee: Thank you for your December 11, 1991, letter in which you have inquired whether a special Sunday alcoholic beverage permit must be restricted to "on sale" purchases or may cover "off sale" purchases as well. N.D.C.C. § 5-02-05.1 authorizes a city or county to issue a special Sunday alcoholic beverage permit to a publicly owned or operated facility or to a private club, lodge, restaurant, motel, or hotel licensed as a retail alcoholic beverage establishment.

89 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-23 Date issued: December 23, 1991 Requested by: Representative August Ritter - QUESTIONS PRESENTED - I. Whether North Dakota Century Code chapter 15-38.1 (the Act) requires a school board to conduct negotiations with employees who do not hold teaching certificates issued under N.D.C.C. ch. 15-36. II. Whether a group of administrators who have had a history of common representation can be an appropriate negotiating unit

N.D.A.G. Letter to Solberg (Dec. 20, 1991) December 20, 1991 Mr. Wayne O. Solberg Fargo City Attorney PO Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your November 25, 1991, letter concerning whether the city of Fargo can purchase units of limited partnership in the Myron G. Nelson Fund for its Employee's Pension Fund in light of N.D.C.C. § 40-46-08. N.D.C.C. § 40-46-08 establishes the investment guidelines for the board of trustees overseeing the municipal pension plan as follows: At the end of each fiscal year, the board of trustees may invest any surplus left in th

N.D.A.G. Letter to Omdahl (Dec. 19, 1991) December 19, 1991 Lloyd Omdahl, Chairman Children's Services Coordinating Committee Office of Lt. Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Lt. Governor Omdahl: Thank you for your August 6, 1991, letter concerning the interest of the Children's Services Coordinating Committee in pursuing cooperation and collaboration in public and private agencies serving children at risk of abuse, neglect, or out-of-home placement. You advised the committee is concerned about constraints which seem to work against full cooperati

N.D.A.G. Letter to La Q ua (Dec. 19, 1991) December 19, 1991 Mr. Vincent A. LaQua Wells County State's Attorney PO Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your November 22, 1991, letter wherein you inquire about the statutory requirement for the appraisal of real estate prior to the annual sale of real estate acquired by tax deed. Your letter sets forth the following factual events: The county acquired tax deed to a number of city lots and some farm land due to the failure of owners to redeem their property from tax deed proceedings. The Board of County Commissioner

N.D.A.G. Letter to Govig (Dec. 19, 1991) December 19, 1991 Mr. Paul Govig Business Expansion Specialist Department of Economic Development & Finance 1833 E Bismarck Expressway Bismarck, ND 58504 Dear Mr. Govig: Thank you for your November 18, 1991, letter on behalf of the Board of Directors of North Dakota Future Fund, Inc. (the North Dakota economic development finance corporation established by N.D.C.C. ch. 10-30.1) requesting clarification of the open meeting requirements for the North Dakota Future Fund (the primary sector development fund established by N.D.C.

N.D.A.G. Letter to Schwindt (Dec. 18, 1991) December 18, 1991 Mr. Francis J. Schwindt, Chief Environmental Health Section N.D. State Dept. of Health and Consolidated Laboratories P.O. Box 5520 Bismarck, ND 58502-5520 Dear Mr. Schwindt: Thank you for your October 28, 1991, letter regarding the formation of regional solid waste management districts. To answer your questions I have reviewed N.D.C.C. ch. 23-29 and the legislative history of House Bill 1060 which established the solid waste management district concept. You are correct that N.D.C.C. § 23-29-06(3) provides for the organiza

85 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-22 Date issued: December 18, 1991 Requested by: Craig M. Hagen, Commissioner of Labor - QUESTION PRESENTED - Whether North Dakota minimum wage and work conditions orders adopted by the North Dakota Commissioner of Labor under N.D.C.C. ch. 34-06 apply to state employers. - ATTORNEY GENERAL'S OPINION - It is my opinion that minimum wage and work conditions orders adopted by the North Dakota Commissioner of Labor und

N.D.A.G. Letter to LaQua (Dec. 17, 1991) December 17, 1991 Mr. Vincent A. LaQua Wells County State's Attorney PO Box 347 Fessenden, ND 58438 Dear Mr. LaQua: Thank you for your October 23, 1991, letter in which you request clarification regarding the fees the sheriff may collect pursuant to N.D.C.C. §§ 11-15-07 and 11-15-09. N.D.C.C. § 11-15-07 provides that the sheriff may charge and collect $25 "[f]or levying or executing any writ." N.D.C.C. § 11-15-07(5). When the sheriff of a county receives a written order from a court of this state to perform a foreclosure sale, and the sheriff

78 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-21 Date issued: December 17, 1991 Requested by: Peter H. Furuseth Williams County State's Attorney - QUESTION PRESENTED - Whether a sheriff must collect a $1.00 beef checkoff fee when selling cattle at a sheriff's sale. - ATTORNEY GENERAL'S OPINION - It is my opinion that a sheriff must collect a $1.00 beef checkoff fee when selling cattle at a sheriff's sale if the checkoff fee would otherwise be payable by

N.D.A.G. Letter to Wild (Dec. 16, 1991) December 16, 1991 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of August 28, 1991, regarding the authority of a county to require a permit from an oil production company before it is allowed to begin drilling operations within a county. You indicate in your letter that Bowman County would like to require oil production companies to apply for and receive a permit prior to beginning operations. The purpose for requiring these permits would be basically informational so that

N.D.A.G. Letter to Vander Vorst (Dec. 16, 1991) December 16, 1991 Mr. Blake Vander Vorst Executive Secretary North Dakota State Soil Conservation Committee State Capitol 600 E Boulevard Avenue Bismarck, ND 58505-0790 Dear Mr. Vander Vorst: Thank you for your November 15, 1991 letter wherein you inquire whether soil conservation districts are subject to the temporary tax levy limitations annotated to N.D.C.C. § 57-15-01 and enacted by the 1991 Legislative Assembly as House Bill 1027, 1991 Sess. Laws ch. 653. Soil conservation districts are taxing districts bec

N.D.A.G. Letter to Krauter (Dec. 16, 1991) December 16, 1991 The Honorable Aaron Krauter Senator, District 35 HCR 01, Box 27 Regent, ND 58650 Dear Senator Krauter: Thank you for your November 25, and December 2, 1991, letters wherein you request an opinion concerning certain requirements for the licensing of a foster care group home operated by Prairie Learning Center of Raleigh, North Dakota. Specifically, you call my attention to N.D.C.C. §§ 50-11-02 and 50-11-03. Those sections respectively authorized the granting of a license to such a facility if it will "be maintained according

N.D.A.G. Letter to Gallagher (Dec. 16, 1991) December 16, 1991 Mr. Richard P. Gallagher Mandan City Attorney P.O. Box 1176 Mandan, ND 58554 Dear Mr. Gallagher: Thank you for your September 10, 1991, letter wherein you inquire whether a city may abate or suspend the procedures governing the enforcement of the collection of delinquent special assessments. A city is an agency of the state and has only the powers expressly conferred upon it by the legislative branch or those powers which may be necessarily implied from the powers expressly granted. Further, when defin

75 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-20 Date issued: December 13, 1991 Requested by: Timothy Priebe, City Attorney - QUESTIONS PRESENTED - I. Whether any portion of the city of Dickinson's city visitors' promotion capital construction fund may be used for expenses incurred in connection with the operation of the Dickinson Convention and Visitors' Bureau. II. Whether any portion of the city visitors' promotion capital construction fund may be used for any

N.D.A.G. Letter to Price (Dec. 11, 1991) December 11, 1991 Mr. Robert Q. Price Attorney at Law Cavalier County Water Resource Board 901 3rd Street P.O. Box 469 Langdon, ND 58249 Dear Mr. Price: Thank you for your October 7, 1991, letter regarding whether a water resource district board may charge an entrance fee to a recreational area. I apologize for the delay in responding. The Cavalier County Water Resource Board ("Board") charges a $3.00 entrance fee for all motor vehicles entering the Mt. Carmel Dam recreational area. The recreational area includes a beach, a picnic area, and mo

N.D.A.G. Letter to Holmberg (Dec. 11, 1991) December 11, 1991 Senator Ray Holmberg 621 High Plains Court Grand Forks, ND 58201 Dear Senator Holmberg: Thank you for your December 4, 1991, letter in which you have asked whether a deferred imposition of sentence is considered a "conviction" under state law. Courts in North Dakota have been authorized, since 1947, to defer imposition of a sentence which would otherwise be imposed upon a criminal offender after a plea or finding of guilt. When imposition of sentence is deferred, no sentence has been imposed against the offender. The

72 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-19 Date issued: December 9, 1991 Requested by: Sarah M. Vogel Commissioner of Agriculture - QUESTION PRESENTED - Whether local units of government may enact regulations concerning the registration, enforcement, and use of pesticides. - ATTORNEY GENERAL'S OPINION - It is my opinion that local units of government may not enact regulations concerning the registration, enforcement, and use of pesticides. - ANALYSIS - In Wiscons

N.D.A.G. Letter to Rohrich (Dec. 4, 1991) December 4, 1991 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your November 25, 1991, letter in which you have requested clarification of Attorney General's Opinion 91-09 issued June 21, 1991, to Dickey County State's Attorney Daniel G. Diemert. In that opinion, I concluded that N.D.C.C. § 11-15-08, pertaining to commissions collected by a sheriff, does not authorize a sheriff to receive a commission if the sheriff has not received and disbursed monie

N.D.A.G. Letter to Lange (Dec. 3, 1991) December 3, 1991 Mr. Gregory L. Lange Richardson & Lange Attorneys at Law P.O. Box 488 Hazen, ND 58545 Dear Mr. Lange: Thank you for your October 15, 1991, letter in which you inquire whether a county participating in a regional airport authority pursuant to North Dakota Century Code ch. 2-06 must levy the tax certified to the county by the airport authority pursuant to N.D.C.C. § 2-06-14. For the following reasons, it is my opinion that a county which is participating in a regional airport authority under N.D.C.C. ch. 2-06 must levy the tax cer

N.D.A.G. Letter to Kloubec (Nov. 18, 1991) November 18, 1991 Rep. Richard Kloubec District 51 3233 16th Avenue S Fargo, ND 58103 Dear Representative Kloubec: Thank you for your October 3, 1991, letter concerning North Dakota Admin. Code § 84-02-01-11. Specifically, your concern is whether N.D. Admin. Code § 84-02-01-11 constitutes a reasonable rule in conformity with the provisions of the statutes administered by the State Treasurer. N.D. Admin. Code § 84-02-01-11 was amended in 1989 in accordance with N.D.C.C. ch. 28-32. That amendment provided: 84-02-01-11. Commercial credit for

N.D.A.G. Letter to Byers (Nov. 18, 1991) November 18, 1991 Mr. Jonathan Byers Assistant State's Attorney Mountrail County PO Box 369 Stanley, ND 58784 Dear Mr. Byers: Thank you for your October 18, 1991, letter. You ask whether an industry, enterprise, or business engaged in by the state pursuant to N.D. Const. art. X, § 18 is prevented or limited in any respect when it is using state or federal grant moneys and it competes with private industry by submitting bids substantially lower than those submitted by private industry. Pursuant to a phone conversation between you and a member of

N.D.A.G. Letter to Ratcliff (Nov. 15, 1991) November 15, 1991 Ms. Phyllis Ratcliff Griggs County State's Attorney's office PO Box 541 Cooperstown, ND 58425 Dear Ms. Ratcliff: Thank you for your October 11, 1991, letter requesting a written opinion regarding whether a county may provide funds to a private local hospital. The loaning of funds by a county to a private local hospital raises the issue of whether such an action is constitutional under North Dakota Constitution art. X, § 18: The state, any county or city may make internal improvements and may engage in any industry, enterpr

N.D.A.G. Letter to Renner (Nov. 12, 1991) November 12, 1991 Mr. Jerome L. Renner Kidder County State's Attorney P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your October 2, 1991 letter regarding the liability of the county and the county weed board for property damage caused through noxious weed eradication. N.D.D.C. § 63-01.1-08(1) provides that the Commissioner of Agriculture, any control authority, county weed control officer, or anyone authorized thereby, are not liable for damages caused in the performance of their duties if they exercise reasonable care. The count

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-18 Date issued: November 12, 1991 Requested by: Richard Rayl, Director Office of Management and Budget - QUESTION PRESENTED - Whether the director of the Central Personnel Division may constitutionally apply rules concerning personnel administration to classified employees of the State Board of Higher Education and the institutions of higher education. - ATTORNEY GENERAL'S OPINION - It is my opinion that the director of the Central Personnel Division may constitutionally apply rules concerning personnel administration to classifie

62 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-17 Date issued: November 12, 1991 Requested by: Charlie Whitman, Bismarck City Attorney - QUESTION PRESENTED - I. Whether the provisions of North Dakota Century Code ' 24-07-03 that address platted areas are self-executing and result in the closure of section line roads within the area that has been platted and recorded as a townsite, addition, or subdivision pursuant to N.D.C.C. ch. 40-50.1. - ATTORNEY GENERAL'S OP

N.D.A.G. Letter to Goetz (Nov. 7, 1991) November 7, 1991 Honorable William G. Goetz State Senator 251 Allen Street Dickinson, ND 58601 RE: House Bill No. 1517 Dear Senator Goetz: Thank you for your September 4, 1991, letter requesting my opinion on the constitutionality of section 1, subsection 3 of House Bill No. 1517 passed by the 1991 Legislative Assembly. Section 1 of House Bill No. 1517 was codified as N.D.C.C. § 27-05-00.1. The pertinent portions provide: 2. District court judgeships are established on January 2, 1995, in number equal to the number of

N.D.A.G. Letter to T r eadway (Nov. 6, 1991) November 6, 1991 Mr. Doug Treadway Chancellor North Dakota University System State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0230 Dear Chancellor Treadway: Thank you for your October 24, 1991, letter in which you ask whether the Budget Section of the Legislative Council has the power to authorize the Board of Higher Education to issue bonds for the purpose of constructing an Energy and Environmental Research Center (the "Center") to be located at the University of North Dakota. You state that no state funds will be pledged or u

N.D.A.G. Letter to Sanstead (Nov. 4, 1991) November 4, 1991 Honorable Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter of October 23, 1991, in which you request a clarification of the privilege of confidentiality covering communications with elementary or secondary school guidance counselors pursuant to North Dakota Century Code (N.D.C.C.) § 31-01-06.1. Your request was prompted by statements allegedly made in February of 1991 by Burleigh County State's Attorney Pat Burke tha

N.D.A.G. Letter to Neugebauer (Nov. 4, 1991) November 4, 1991 Mr. Brian D. Neugebauer City Attorney P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your September 5, 1991, letter wherein you ask whether it would be permissible for the city of West Fargo to expend a portion of the funds it receives from the state highway tax distribution fund to pay the cost of operating a limited mass transit system between West Fargo and Fargo. For the reasons stated below it is my opinion that monies a city derives from the highway tax distribution fund may not be expended fo

N.D.A.G. Letter to Hanson (Nov. 4, 1991) November 4, 1991 Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 585~5 Dear Mr. Hanson: Thank you for your October 16, 1991, letter in which you request information regarding the disposition of excess funds in the state aid distribution fund at the end of a biennium. North Dakota Century Code § 54-44.1-11 directs the Office of Management and Budget to cancel appropriations which are not expended at the end of each biennium. Therefore, money which has been appropriated, but which has not been spent, is no longer available af

N.D.A.G. Letter to Draeb (Nov. 4, 1991) November 4, 1991 Mr. August C. Draeb Hebron City Attorney Hebron, ND 58638 Dear Mr. Draeb: Thank you for your October 21, 1991, letter regarding filling the position of city auditor. You indicate in your letter that the city of Hebron had an auditor and a deputy auditor. The deputy auditor is currently filling in for the auditor because the auditor resigned. You ask whether the Mayor is required to fill the position of auditor immediately or whether the deputy auditor may serve as auditor until the reorganizational meeting following the municipal e

60 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-16 Date issued: November 4, 1991 Requested by: Ron Carlisle, State Representative - QUESTION PRESENTED - Whether the Legislature may consider an override of a bill which the Governor vetoed after the 1991 legislative session adjourned. - ATTORNEY GENERAL'S OPINION - The Legislature may not consider an override of a bill which the Governor vetoed after the 1991 legislative session adjourned. - ANALYSIS - North Dakota C

N.D.A.G. Letter to Hagen (Oct. 29, 1991) October 29, 1991 Honorable Craig Hagen Commissioner of Labor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Hagen: Thank you for your August 16, 1991, letter concerning what constitutes lawful picketing under North Dakota statutes. Please excuse the delay in responding. Your question relates to N.D.C.C. § 34-09-12 which provides: 34-09-12. Unlawful picketing - Violation. In any strike in this state it is illegal for any person other than an employee of the particular establishment against which such strike is call

N.D.A.G. Letter to DeMers (Oct. 28, 1991) October 28, 1991 Honorable Judy L. DeMers State Representative 1826 Lewis Boulevard Grand Forks, ND 58203 Dear Ms. DeMers: Thank you for your September 24, 1991, letter concerning a county commission's power to reimburse a county commissioner for payment of the bond required under N.D.C.C. § 44-11-01. The question you pose is whether the bond required by N.D.C.C. § 44-11-13 can be paid out of the county's general fund when all of the county commissioners sign a removal petition along with an additional 138 county residents. N.D.C.C. § 44-11-13

N.D.A.G. Letter to Tracy (Oct. 25, 1991) October 25, 1991 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russel Building 4007 North State Street Bismarck, ND 58501-0600 Dear Ms. Tracy: Thank you for your September 23, 1991, letter in which you request clarification of North Dakota Century Code (N.D.C.C.) §§ 65-02-08 and 65-02-17. The Bureau is required to "establish, by administrative rule, an hourly rate to compensate claimants' attorneys for legal services following constructive denial of a claim or issuance of an administrative order under chapter 28-32 reducing or

N.D.A.G. Letter to Schulz (Oct. 25, 1991) October 25, 1991 Mr. Dennis D. Schulz Secretary-Treasurer North Dakota Real Estate Commission Box 727 Bismarck, ND 58502 Dear Mr. Schulz: Thank you for your October 17, 1991, letter requesting an opinion as to whether the real estate trust account committee established under N.D.C.C. ch. 43-23.4, as enacted by the 1991 Legislative Assembly, holds a beneficial interest in the real estate trust accounts. According to your letter, an opinion from this office is required by the Federal Reserve Board pursuant to a Federal Reserve Board staff opinion

N.D.A.G. Letter to Kusler (Oct. 25, 1991) October 25, 1991 Jim Kusler Secretary of State State Capitol 600 E Boulevard Bismarck, ND 58505 Dear Secretary of State Kusler: Thank you for your September 16, 1991, letter in which you request my opinion concerning the ramifications of the failure of the City of Bismarck to give adequate notice of two elections to amend their home rule charters. Specifically you request my opinion regarding whether there is a remedy available, to whom that remedy would be available, and whether the failure to give adequate notice con

N.D.A.G. Letter to Dockter (Oct. 25, 1991) October 25, 1991 Mr. Jon Dockter Deputy Commissioner North Dakota Department of Labor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Dockter: Thank you for your September 30, 1991, letter regarding whether employees may waive their right to overtime under the Fair Labor Standards Act. 29 U.S.C. § 207(a)(1) provides that "no employer shall employ any of his employees . . . for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate n

N.D.A.G. Letter to Carlisle (Oct. 25, 1991) October 25, 1991 Honorable Ron Carlisle House of Representatives District 52 PO Box 222 Bismarck, ND 58502 Dear Representative Carlisle: Thank you for your September 10, 1991, letter seeking clarification of a July 5, 1989, Attorney General's opinion regarding the office of city auditor. Your questions relate specifically to N.D.C.C. §§ 40-16-16 and 40-13-11, relating to city officers. Because your questions relate specifically to my July 5, 1989, opinion to Representative Thompson, I have enclosed a copy of that opinion for informational pur

N.D.A.G. Letter to Johnson (Oct. 22, 1991) October 22, 1991 Mr. Dennis Edward Johnson State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your September 11, 1991, letter in which you asked if the determination of whether a person has violated N.D.C.C. § 39-08-01 a second time in five years is calculated from the date of the first offense to the date of the second offense or from the date of the first conviction to the date of the second conviction. The pertinent portions of N.D.C.C. § 39-08-01 provide: 1. A person may not drive or be in actual physi

N.D.A.G. Letter to Trotter (Oct. 16, 1991) October 16, 1991 Ms. Donna M. Trotter City Attorney, Watford City 233 N Main Box 1469 Watford City, ND 58854 Dear Ms. Trotter: Thank you for your October 3, 1991, letter requesting an opinion as to how joint library services between a city and county may be established. Your question is raised in light of a perceived conflict in language in N.D.C.C. § 40-38-11(1) which seems to indicate that only a written agreement is required and N.D.C.C. § 40-38-11(10) which requires an election. N.D.C.C. § 40-38-11 states, in relevant part: Joint public l

55 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-15 Date issued: October 14, 1991 Requested by: Senator Jim Yockim - QUESTION PRESENTED - Whether the legislative redistricting plan may be referred. - ATTORNEY GENERAL'S OPINION - It is my opinion that the legislative redistricting plan may be referred. - ANALYSIS - Section 2 of article IV of the North Dakota Constitution states that "[t]he legislative assembly shall fix the number of senators and representatives an