North Dakota Attorney General Opinions

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-18 Date issued: December 5, 1989 Requested by: Richard J. Riha Burleigh County Assistant State's Attorney - QUESTION PRESENTED - Whether a "penny fall" device is "coin-operated" subject to the r egulatory provisions of either N.D.C.C. chs. 12.1-28 or 53-04. - ATTORNEY GENERAL'S OPINION - It is my opinion that a "penny fall" device is "coin-operated" subject to the regulatory provisions of either N.D.C.C. chs. 12.1-28 or

N.D.A.G. Letter to Wold (Nov. 28, 1989) November 28, 1989 Mr. James W. Wold Griggs County State's Attorney Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your November 3, 1989, letter in which you have made inquiries concerning the payment of transcript fees pursuant to N.D.C.C. § 31-01-16. You state that the Northeast Central Judicial District Court Administrator construes the term "expenses" in N.D.C.C. § 31-01-16 to apply to all prosecution district court expenses. That section now provides: 31-01-16. Compensation and mileage and travel expense of witness -- County to p

N.D.A.G. Letter to Lies (Nov. 28, 1989) November 28, 1989 Mr. Steven J. Lies Wahpeton City Attorney 610 Second Avenue North Wahpeton, ND 58075 Dear Mr. Lies: Thank you for your November 8, 1989, letter concerning the transition from a council form of government to a modern council form of government. You ask for an interpretation of N.D.C.C. § 40-04.1-01 and the manner in which the transition occurs where incumbent office holders continue to hold office until their term of office expires. N.D.C.C. § 40-04.1-01 describes how the governing body of a city adopting a modern council form

N.D.A.G. Letter to Jones (Nov. 28, 1989) November 28, 1989 Mr. Lloyd A. Jones Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your letter of October 25, 1989. You inquired whether N.D.C.C. § 28-32-02 requires the state Game and Fish Department to publish a notice of proposed rule making twice in each of North Dakota's ten daily newspapers, if a state subdivision applied to the department under N.D.C.C. § 20.1-13-12 for special rules regarding specific bodies of water in their jurisdiction. If the par

N.D.A.G. Letter to Yockim (Nov. 27, 1989) November 27, 1989 Honorable James C. Yockim State Senator District 1 1123 Second Avenue East Williston, ND 58801 Dear Senator Yockim: Thank you for your November 1, 1989, letter questioning a governing body's control over a city library board established pursuant to N.D.C.C. ch. 40-38. You specifically ask whether the city governing board may refuse to levy a tax in support of the city public library service. N.D.C.C. § 40-38-01 allows the governing body of a city or county, and the voters of a city of county, to establish and maintain a publi

N.D.A.G. Letter to Freed (Nov. 27, 1989) November 27, 1989 Mr. Robert A. Freed Assistant State's Attorney Stutsman County Courthouse 511 Second Avenue SE Jamestown, ND 58401 Dear Mr. Freed: Thank you for your letter of October 13, 1989, wherein you raised a number of questions concerning the application of North Dakota Century Code §§ 39-12-02, 39-12-03, and 39-12-05.3, all relating to the legal weight limit of a motor vehicle. For purposes of N.D.C.C. tit. 39, the word "highway" is defined as "the entire width between the boundary lines of every way publicly maintained when any part

N.D.A.G. Letter to Farland (Nov. 21, 1989) November 21, 1989 Mr. Darrell Farland Executive Director Governor's Council on Human Resources State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Farland: Thank you for your October 30, 1989, letter concerning mobility impaired parking and ramped curbing for wheelchairs. Your first question concerns the 1989 amendment to N.D.C.C. § 39-01-15. 1989 N.D. Session Laws ch. 319. The legislature amended N.D.C.C. § 39-01-15(10) to provide that any person who stops or parks a vehicle that does not display a mobility impaired ide

N.D.A.G. Letter to Furuseth (Nov. 16, 1989) November 16, 1989 Mr. Peter H. Furuseth Williams County State's Attorney P.O. Box 2047 Williston, ND 58802-2047 Dear Mr. Furuseth: Thank you for your April 24, 1989, letter concerning comprehensive county reorganization plans. I apologize for the delay in responding to your letter. In your letter you indicate that in 1984, Williams County developed a comprehensive plan for the reorganization of its school districts and submitted the plan to the State Board of Public School Education (state board) for approval. Your letter further indicates th

N.D.A.G. Letter to Nicholas (Nov. 15, 1989) November 15, 1989 Representative Eugene J. Nicholas Rural Route 1 Cando, ND 58324 Representative Robert E. Nowatzki HCR 3, Box 68A Langdon, ND 58249 Dear Representatives Nicholas and Nowatzki: Thank you for your April 6, 1989, letter requesting a Attorney General's Opinion concerning the constitutionality of N.D.C.C. ch. 61-32. I apologize for the delay; however, I wanted to provide you with as much guidance as possible on this complex and controversial issue. Staffing changes in my office al

N.D.A.G. Letter to Johnson (Nov. 15, 1989) November 15, 1989 Ms. Deborah Johnson, Manager North Dakota Dairy Promotion Commission 4023 North State Street Bismarck, ND 58501 Dear Ms. Johnson: Thank you for your letter to me dated August 9, 1989, in which you ask three related questions concerning the hiring of Commission employees: 1. Whether the hiring by the chairman of the Commission of his daughter violates N.D.C.C. § 44-04-09. 2. If the answer to No. 1 is "yes," whether the resignation by the chairman from the Commission would remedy the situation. 3. Whether the daughter o

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-17 Date issued: November 15, 1989 Requested by: Peter H. Furuseth Williams County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 11-15-08 requires that the sum of $1,000 be received and disbursed by a sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of real or personal property before that sheriff may collect a fifty dollar commissi

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-16 Date issued: November 15, 1989 Requested by: Douglas Eiken, Director Parks and Recreation Department - QUESTION PRESENTED - Whether the North Dakota Parks and Recreation Department may allow the Fort Abraham Lincoln Foundation to conduct pari-mutuel betting or the playing of a calcutta in Fort Abraham Lincoln State Park. - ATTORNEY GENERAL'S OPINION - It is my opinion that if the Fort Abraham Lincoln Foundation othe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-15 Date issued: November 9, 1989 Requested by: M. K. Heidi Heitkamp State Tax Commissioner - QUESTION PRESENTED - Whether a referred measure rejected by the voters becomes void the day after the election, at the time the State Canvassing Board determines the number of votes cast against the measure exceeds the number of votes cast in favor of the measure, or at some other date. - ATTORNEY GENERAL'S OPINION - It

N.D.A.G. Letter to Neugebauer (Nov. 6, 1989) November 6, 1989 Mr. Brian D. Neugebauer West Fargo City Attorney 901 13th Avenue East P.O. Box 458 West Fargo, ND 58078-0458 Dear Mr. Neugebauer: Thank you for your August 18, 1989, letter concerning a city's extraterritorial zoning and building permit authority. Enclosed with your letter was the opinion of Cass County State's Attorney Robert Hoy's opinion concluding that the city's zoning authority which has been extended to extraterritorial areas preempts existing township zoning authority within that extraterritorial area. State's Attor

N.D.A.G. Letter to Weispfenning (Oct. 13, 1989) October 13, 1989 Mr. Jeff Weispfenning Deputy Commissioner Department of Agriculture State Capitol - 6th Floor 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Weispfenning: Thank you for your August 3, 1989, letter requesting my opinion on whether the Department of Agriculture is obligated to continue making group medical insurance premium payments to the North Dakota Public Employees Retirement System (NDPERS) on behalf of a former employee. I apologize for the delay in responding to your letter. The for

N.D.A.G. Letter to Omdahl (Oct. 13, 1989) October 13, 1989 Honorable Lloyd B. Omdahl Lieutenant Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your September 18, 1989, letter asking, in your capacity as chairman of the Legislative Audit and Fiscal Review Committee, for an opinion on the duration of the statute of limitations pertaining to claims filed in the Office of State Labor Commissioner. N.D.C.C. § 34-01-13 provides as follows: 34-01-13. Actions under Fair Labor Standards Act must be brought within certain time

N.D.A.G. Letter to Manbeck (Oct. 12, 1989) October 12, 1989 Mr. Douglas G. Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your letter of September 11, 1989, regarding the legal duty of counties, cities, or townships to make sanitary landfill facilities and services available to their respective subdivisions. Counties, cities, and townships do not have a legal duty to make sanitary landfill facilities and services available to residents of their respective subdivisions. However, counties and cities now have extensive authority to est

N.D.A.G. Letter to Melby (Oct. 9, 1989) October 9, 1989 Honorable Arthur Melby State Representative District 14 1392 Elm Avenue Harvey, ND 58341 Dear Representative Melby: Thank you for your August 15, 1989, letter requesting my opinion as to whether the term "any part," as used in N.D.C.C. § 15-21.3-07, must be taken to include both the singular and the plural. N.D.C.C. § 1-01-35 provides: Words used in the singular number include the plural and words used in the plural number include the singular, except when a contrary intention plainly appears. Because the Legislative Assembly h

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-14 Date issued: September 28, 1989 Requested by: Secretary of State Jim Kusler - QUESTIONS PRESENTED - I. Whether a petition seeking the recall of an elected official of a political subdivision must state at least one of the statutory bases provided for recall. II. Whether a special election to consider the recall of a school board member must be held within 30 days after the date the petitions are determined t

N.D.A.G. Letter to Magnusson (Sep. 27, 1989) September 27, 1989 Mr. Joe Magnusson Seed Regulatory Supervisor State Seed Department State University Station Fargo, ND 58105 RE: Potential Sale of Grain as Seed in North Dakota Dear Mr. Magnusson: Thank you for your June 19, 1989, letter regarding the potential sale of "grain" as seed within the state of North Dakota. I have reviewed N.D.C.C. ch. 4-09 and associated rules coupled with a review of the Plant Variety Protection Act and Federal Seed Act. Those provisions limit the State Seed Department's enforcement capability regarding mate

N.D.A.G. Letter to Gibbens (Sep. 26, 1989) September 26, 1989 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your August 2, 1989, letter in which you ask whether Attorney General's Opinion 89-6 provides for the taxation of a lessee's possessory interest in state land used for grazing or pasture. Your concern arises because of N.D.C.C. § 57-02-26(1), which provides: 1. Property held under a lease for a term of years . . . belonging to the United States or to the state or a political subdivision thereof, except su

N.D.A.G. Letter to Wold (Sep. 21, 1989) September 21, 1989 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your August 30, 1989, letter regarding certain claims in a decedent's estate. You ask whether a claim filed by the Department of Human Services in a decedent's estate but not paid due to the survival of a spouse, earns interest until paid. According to N.D.C.C. § 50-24.1-07, the Department of Human Services is to file a claim in a decedent's estate for all medical assistance paid on behalf of the decedent following t

N.D.A.G. Letter to Stastney (Sep. 21, 1989) September 21, 1989 Mr. Ronald C. Stastney Assistant Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Stastney: Thank you for your August 24, 1989, letter requesting a clarification of N.D.C.C. § 15-21-07. This statute provides, in part, that the "superintendent of public instruction shall counsel with and advise county superintendents of schools and school boards upon all matters involving the welfare of schools, and on request, he shall give them written answers to all questions concerning school laws

N.D.A.G. Letter to Farland (Sep. 21, 1989) September 21, 1989 Mr. Darrell Farland Executive Director Governor's Council on Human Resources State Capitol Annex, 3rd Floor Bismarck, ND 58505 Dear Mr. Farland: Thank you for your letter of September 7, 1989, concerning the ability of the North Dakota Commission on the Status of Women to publish materials gathered from profiles concerning individual women. On May 10, 1989, I wrote you concerning this issue. In that letter, I noted that the Commission on the Status of Women was not provided for by statute. Instead, th

N.D.A.G. Letter to Larson (Sep. 19, 1989) September 19, 1989 Hon. Rod Larson State Representative District 13 36 Park Drive West Fargo, ND 58078 Dear Representative Larson: Thank you for your August 25, 1989, letter concerning meetings of the Cass County Historical Society. Enclosed with your letter were six questions addressing the meetings of publicly funded organizations. The first question inquires whether the meeting of the board of directors of a publicly funded organization must be open to the public. N.D.C.C. § 44-04-19 provides that, unless otherwise provided by law, all meet

N.D.A.G. Letter to Hoffner (Sep. 19, 1989) September 19, 1989 Mr. S. F. "Buckshot" Hoffner Executive Director ND Centennial Commission 2204 East Broadway Bismarck, ND 58501 Dear Buckshot: Thank you for your letter of July 17, 1989, in which you request my opinion concerning the authority granted to the State Forester and the Bank of North Dakota under Senate Bill No. 2114, as enacted by the Fifty-first Legislative Assembly. This bill provides an appropriation to the State Forester for the purpose of increasing tree seedling production and promoting tree planting for the North Dakota

N.D.A.G. Letter to Vogel (Sep. 13, 1989) September 13, 1989 Honorable Sarah Vogel Commissioner of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your August 22, 1989, letter concerning the scope of a minimum wage order issued by the Commissioner of Labor which was to become effective August 14, 1989. You ask whether the overtime provisions apply to farm labor contracts. According to the wage order enclosed with your letter, hours worked in excess of 40 in any week must be paid at no less than one and one-half times the reg

N.D.A.G. Letter to Martinson (Sep. 12, 1989) September 12, 1989 Honorable Bob Martinson House of Representatives District 49 P.O. Box 2296 Bismarck, ND 58502 Dear Representative Martinson: Thank you for your July 27, 1989, letter concerning House Bill No. 1389 as passed by the 1987 Legislative Assembly. 1987 N.D. Sess. Laws 473. Essentially, House Bill No. 1389 required school buses to be equipped with a stop sign on a controlled arm that could be activated by the bus driver. The act, however, does not require the installation of stop signs on control arms for school buses in use befo

N.D.A.G. Letter to Olson (Sep. 6, 1989) September 6, 1989 Hon. John M. Olson North Dakota State Senator District 49 P.O. Box 2674 Bismarck, ND 58502 Dear Senator Olson: Thank you for your July 25, 1989, letter concerning the ability of the Commissioner of Labor to amend a recently issued wage order. The Commissioner of Labor is authorized to determine and prescribe minimum wage standards for employees in any occupation in this state pursuant to the procedures outlined in N.D.C.C. ch. 34-06. N.D.C.C. § 34-06-03(3). Those provisions provide that if the Commissioner of Labor believes emp

N.D.A.G. Letter to Tracy (Aug. 21, 1989) August 21, 1989 Ms. Helen Tracy, Chairman Workers Compensation Bureau Russell Building - Highway 83 North 4007 State Street Bismarck, ND 58501 Dear Ms. Tracy: Thank you for your June 29, 1989, letter requesting my opinion as to whether doctors of chiropractic may perform permanent impairment evaluations on injured employees for the purposes of the Workers Compensation Act. N.D.C.C. § 65-05-12 provides that permanent impairment evaluations shall be performed by the injured employee's "doctor." The term "doctor," as used in N.D.C.C. § 65-05-12, i

N.D.A.G. Letter to Rohrich (Aug. 21, 1989) August 21, 1989 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your August 3, 1989, letter asking whether Emmons County may purchase a new ambulance with county general fund money. N.D.C.C. § 23-12-08 provides as follows: Ambulance service authorized.--Any county or municipality of the state of North Dakota, by itself, or in combination with any other county or municipality of the state of North Dakota, may, acting through its governing body, establish, maintain, contract for, or

N.D.A.G. Letter to McLean (Aug. 21, 1989)(2) August 21, 1989 Ms. Jeanne McLean Attorney at Law P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your August 1, 1989 letter, asking what filing fee should be charged for an assignment of an oil and gas lease. Copies of the assignment were enclosed with your letter. The filing fee for an assignment of an oil and gas lease is determined by N.D.C.C. § 18-05(1)(b), which states as follows: 11-18-05. Fees of register of deeds. . . 1. . . . . b. Instruments satisfying, releasing, assigning, subordinating, continuing,

N.D.A.G. Letter to McLean (Aug. 21, 1989) (1) August 21, 1989 Ms. Jeanne L. McLean Bottineau County State's Attorney P.O. Box 26 Bottineau, ND 58318 Dear Ms. McLean: Thank you for your April 24, 1989, letter inquiring whether an assignment of a contract for deed to a financial institution to secure a loan may be recorded by a register of deeds if there are delinquent taxes against the real property described in the contract for deed. I apologize for the delay in answering your question. For the following reason, it is my opinion that an assignment of a contract for deed to a financial

N.D.A.G. Letter to Enget (Aug. 21, 1989) August 21, 1989 Mr. Wade G. Enget Mountrail County State's Attorney Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your April 6, 1989, letter regarding an application for abatement and settlement of taxes that is pending before the Mountrail Board of County Commissioners. I apologize for the delay in answering your letter. From reading your letter and from discussing this matter with a staff member who has contacted you by telephone, it is my understanding that the relevant facts in this matter can be described as follows: The abatemen

STATE OF NORTH DAKOTA OFFICE OF ATTORNEY GENERAL 89-13 Date issued: August 21, 1989 Requested by: Honorable John M. Olson Senate Minority Leader - QUESTION PRESENTED - Whether city and county governing bodies have the sole authority to determine what constitutes a state, multistate, or national event under the special Sunday alcoholic beverage permit provisions of N.D.C.C. ' 5-02-05.1. - ATTORNEY GENERAL'S OPINION - It is my opinion that city and county governing bodies

N.D.A.G. Letter to Omdahl (Aug. 16, 1989) August 16, 1989 Honorable Lloyd B. Omdahl Lieutenant Governor Office of the Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Omdahl: Thank you for your July 12, 1989, letter posing eight questions concerning the scope of county home rule authority. I can answer your questions basically by reference to those statutory powers provided to a home rule county. I will answer your questions in the order your letter presents them. QUESTION 1. If a county home rule charter authorized the county to utilize motor vehicle fuel taxes an

N.D.A.G. Letter to Slorby (Aug. 10, 1989) August 10, 1989 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your June 6, 1989, letter concerning discounts for real estate tax payments. In your letter you ask whether a person must pay all real estate taxes, including special assessments, prior to February 15 to be entitled to the discount N.D.C.C. § 57-20-09 provides, or whether, in the alternative, the taxpayer would be entitled to that discount if he or she paid the general consolidated real estate taxes before that dat

N.D.A.G. Letter to Collins (Aug 10, 1989) August 10, 1989 Mr. Sparb Collins Interim Executive Director North Dakota Public Employees Retirement System 400 East Broadway, Suite 505 Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your July 26, 1989, letter concerning the manner in which the Retirement Board may interview candidates for the position of executive director of the North Dakota Public Employees Retirement System (PERS). The PERS Retirement Board is a state agency. N.D.C.C. § 54-52-03. Meetings of state agencies, and other public entities as well, must be op

N.D.A.G. Letter to Vogel (July 31, 1989) July 31, 1989 Honorable Sarah Vogel Commissioner of Agriculture Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Commissioner Vogel: Thank you for your May 9, 1989, letter asking whether a discrepancy in House Bill No. 1621, 1989 N.D. Sess. Laws ch. 394, can be "corrected" without waiting until the 52nd Legislative Assembly can amend the statute in 1991. N.D.C.C. §§ 46-03-10 and 46-03-11 authorize the Legislative Council and the Secretary of State to correct errors of spelling, grammar, punctuation, and

N.D.A.G. Letter to Nelson (July 28, 1989) July 28, 1989 Ms. Carol S. Nelson Barnes County State's Attorney 411 West Main Street P.O. Box 209 Valley City, ND 58072 Dear Ms. Nelson: Thank you for your May 22, 1989, letter concerning House Bill No. 1651 and Rural Ambulance Service Districts. House Bill No. 1651 amended N.D.C.C. § 57-15-50 to prevent more than one governmental entity from levying for ambulance services. Under the amendment, property within a rural ambulance or fire protection district already subject to a levy for and the provision of ambulance servi

N.D.A.G. Letter to Eppler (July 27, 1989) July 27, 1989 Mr. Don B. Eppler City Attorney Lisbon, ND 58054 RE: Armory Lease Dear Mr. Eppler: Thank you for your June 30, 1989, letter to Patricia Moen asking whether a school district may purchase an armory either outright or by contact for deed if the armory is subject to a long-term (longer than one year) lease agreement between a city and the National Guard. N.D.C.C. § 15-29-08(5) gives the school districts the power to lease facilities "for a period not to exceed one year." This section, which contains an exception

N.D.A.G. Letter to Koppang (July 25, 1989) July 25, 1989 Mr. Alton N. Koppang, Director Finance & Reorganization Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your July 13, 1989, letter concerning the appropriate election at which new members to a school district are to be elected. According to your letter, the number of Max Public School District school board members has recently been increased from five to seven pursuant to the petition provisions of N.D.C.C. § 15-28-01(2). Your question is whether the two new members may be electe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-12 Date issued: July 18, 1989 Requested by: Dennis Edward Johnson McKenzie County State's Attorney - QUESTION PRESENTED - Whether a clerk of court may issue an income withholding order, pursuant to the provisions of N.D.C.C. ch. 14-09, with respect to income from mineral interests owned by a person delinquent in the payment of a child support obligation. - ATTORNEY GENERAL'S OPINION - It is my opinion that a clerk

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-11 Date issued: July 17, 1989 Requested by: Milton W. Kane, Commissioner Department of Veteran's Affairs - QUESTION PRESENTED - Whether a public administrator under N.D.C.C. ch. 11-21 is appointed or employed by a governmental agency pursuant to N.D.C.C. ' 37-19.1-02(1) and, therefore, subject to the veterans' employment preference. - ATTORNEY GENERAL'S OPINION - It is my opinion that a public administrator is not appointe

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-10 Date issued: July 17, 1989 Requested by: Jerril Rustan, Chairman North Dakota Agricultural Products Utilization Commission - QUESTION PRESENTED - Whether the ethanol production subsidy established by 1989 N.D. Sess. Laws ch. 82 may be applied to ethanol produced prior to July 1, 1989, the effective date of the subsidy program. - ATTORNEY GENERAL'S OPINION - It is my opinion that the ethanol production subsidy establis

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 89-9 Date issued: July 17, 1989 Requested by: Sparb Collins, Acting Director North Dakota Public Employees Retirement System - QUESTION PRESENTED - Whether the initial submission of referral petitions to the Secretary of State is sufficient to suspend the operation of a legislative measure. - ATTORNEY GENERAL'S OPINION - It is my opinion that the initial submission to the Secretary of State of referral petitions that are

N.D.A.G. Letter to Sanstead (July 13, 1989) July 13, 1989 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your March 16, 1989, letter in which you request an Attorney General's opinion as to whether the Department of Public Instruction may use direct deposit to distribute foundation aid and tuition apportionment payments to the school districts. I apologize for the delay in responding to your opinion request. The tuition apportionment and foundation aid provisions of stat