North Dakota Attorney General Opinions

N.D.A.G. Letter to Wold (July 29, 1987) July 29, 1987 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of June 24, 1987, inquiring as to a county multi-year lease purchase agreement. In your first question, you ask whether a multi-year lease purchase agreement entered into by a county violates the provisions of N.D.C.C. § 21-01-03. N.D.C.C. § 21-01-03 provides, in part, as follows: 21-01-03. MAXIMUM AMOUNT OF WARRANTS OR INDEBTEDNESS--VIOLATION OF PROVISIONS--LIABILITY --PENALTY. . . . No indebtednes

N.D.A.G. Letter to Stefonowicz (July 27, 1987) July 27, 1987 Mr. Michel W. Stefonowicz Divide County State's Attorney P.O. Box 289 Crosby, ND 58730 Dear Mr. Stefonowicz: Thank you for your letter of July 8, 1987, inquiring as to the ability of a board of county commissioners to levy a tax levy pursuant to N.D.C.C. § 2-06-15 in support of an airport which is neither a county airport nor a regional airport authority to which the county belongs. This question has been posed to this office in 1982 and in 1983. Enclosed are copies of letter opinions issued to two North Dakota state's atto

N.D.A.G. Letter to Olson (July 27, 1987) July 27, 1987 Dr. Aaron Olson President, North Dakota State Board of Podiatry Examiners Medical Arts Building 810 East Rosser Bismarck, ND 58501 Dear Dr. Olson: Thank you for your letter dated July 7, 1987, regarding coverage of the Podiatric Board of Examiners' Secretary/Treasurer under the State Bonding Fund. The State Bonding Fund provides blanket fidelity bond coverage to public employees of the state and its political subdivisions. N.D.C.C. § 26.1-21-01(4) states that a "'public employee' does not include a person employed by an occupatio

N.D.A.G. Letter to Mehrer (July 23, 1987) July 23, 1987 Mr. Owen K. Mehrer State's Attorney P.O. Box 130 Dickinson, ND 58601 RE: West River Dakota Dome Enabling Agreement Dear Mr. Mehrer: You have asked for my approval of a document entitled "Enabling Agreement for West River Dakota Dome" pursuant to N.D.C.C. ch. 54-40. The agreement is for the establishment and operation of a regional multipurpose facility known as West River Dakota Dome. Funds to build the facility are to come from both private and public sources with the state contributing the land to the pro

N.D.A.G. Letter to Brendel (July 23, 1987) July 23, 1987 Mr. John P. Brendel Renville County State's Attorney P.O. Box 398 Mohall, ND 58761 Dear Mr. Brendel: Thank you for your letter of June 26, 1987, in which you request an Attorney General's opinion regarding the length of time a patron whose property has been the subject of a school district dissolution must wait before commencing annexation proceedings. The portion of the North Dakota Century Code dealing with annexation, reorganization, and dissolution and attachment of school districts contains no required waiting period which m

N.D.A.G. Letter to Wold (July 22, 1987) July 22, 1987 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of June 24, 1987, inquiring whether full time elected county officials may be appointed by the board of county commissioners to a part time position for which compensation is paid by the county. Your secondary question is whether such persons may receive additional compensation for serving in that part time position in addition to the salary received as a result of their elected position. We assume that your le

N.D.A.G. Letter to Larson (July 22, 1987) July 22, 1987 Mr. Stuart A. Larson Office of State's Attorney Traill County Box 188 Hillsboro. ND 58045 Dear Mr. Larson: Thank you for your letter of July 2, 1987, concerning North Dakota's noxious weed laws. I concur with your opinion that N.D.C.C. § 63-01.1-12(2) is not meant to apply to the temporary storing of seed that may contain noxious weed seeds or propagating parts of noxious weed seeds on the ground for the purpose of later processing that seed. I do not find any case law or previous opinions in regard to this matter. However, N.

Date Issued: July 15, 1987 (AGO 87-15) Requested by: Charles E. Johnson, City Attorney Coleharbor, North Dakota - QUESTION PRESENTED - Whether a city can continue to certify special assessments for collection to pay for an improvement project, even though the principal and interest on debt issued for the financing of the improvement project under N.D.C.C. chapter 40-24 have been fully paid. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city can continue t

N.D.A.G. Letter to Tennefos (July 14, 1987) July 14, 1987 Senator Jens Tennefos District 46 714 l9th Avenue South Fargo, ND 58103 Dear Senator Tennefos: Thank you for your letter of May 27, 1987, requesting an Attorney General's opinion on the issue of whether psychology would fall within the meaning of "services ancillary thereto" specified in the statute pertaining to professional corporations, when the professional corporation is composed of those qualified or licensed to practice medicine and dentistry. I apologize for the delay in responding to you. The portion

N.D.A.G. Letter to Meier (July 14, 1987) July 14, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: Thank you for your letter of June 3, 1987, requesting advice on whether your office has the authority to issue a certificate of authority to do business within the state of North Dakota to Common Title Bond and Trust (hereinafter Common Title) as a foreign business trust association. Your letter and enclosures indicate that Common Title, which is registered as a business trust in the state of South Dakota, applied for a cert

N.D.A.G. Letter to Maxson (July 14, 1987) July 14, 1987 Honorable Jim Maxson State Senator Northland Professional Building 600 - 22nd Avenue NW Minot, ND 58701 Dear Mr. Maxson: Thank you for your letter of May 20, 1987, in which you request an opinion from this office with regard to House Bill No. 1342 enacted by the 1987 North Dakota Legislative Assembly. I apologize for the delay in responding to you. The question you pose in your letter is whether the provisions of Section 1 of House Bill No. 1342 apply to land used primarily for agricultural purposes. In your request for an opinio

N.D.A.G. Letter to Farland (July 14, 1987) July 14, 1987 Mr. Darrell Farland Executive Director Governor's Council on Human Resources 3rd Floor State Capitol Annex Bismarck, ND 58505 Dear Mr. Farland: Thank you for your letter of June 30, 1987, inquiring as to the statutory requirements for ramped curbing for wheelchairs by cities when curbing projects are undertaken The relevant statute appears to be N.D.C.C. § 40-31-01.1. The first sentence of this statute states that each city shall hereafter (following the enactment of this statute on July 1, 1977) in intersection curb and gutter

N.D.A.G. Letter to Eiken (July 14, 1987) July 14, 1987 Mr. Doug Eiken, Director Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: Thank you for your letter of June 24, 1987, concerning the Department's concession fund appropriation as found in N.D.C.C. § 55-08-07.1. The original concession fund arrangement was established by House Bill No. 1364, passed in 1971 by the Legislative Assembly. The title to that bill states: AN ACT to provide for a revolving fund for concessions for the statepark servi

N.D.A.G. Letter to Hanson (July 8, 1987) Overruled in part by N.D.A.G. 2004-L-42 July 8, 1987 Mr. Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of April 9, 1987, in which you request my opinion relative to the township highway aid fund established by N.D.C.C. § 54-27-19.1. I apologize for the delay in responding. In your letter, you state that in 1982, the State Treasurer requested, and received, a township road certification form from each county auditor certifying the road mileage in both organized and unorganized town

N.D.A.G. Letter to Slorby (July 7, 1987) July 7, 1987 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of May 27, 1987, requesting my opinion as to whether a licensed commercial establishment may be permitted to sell beer and wine on Sunday at the North Dakota State Fair. I concur with your opinion that Senate Bill No. 2380 provides that wine and beer may only be sold on Sundays at the licensee's regular place of business and only in that part of the business habitually used for the serving and preparing of

N.D.A.G. Letter to Kingsbury, (July 7, 1987) July 7, 1987 Representative Harley Kingsbury 143 Eastwood Drive Rural Route 3, Box 8 Grafton, ND 58237 Dear Representative Kingsbury: Thank you for your letter dated May 8, 1987. In your letter you ask for clarification of section 2 of House Bill 1491 recently passed by the Legislature. I apologize for the delay in responding to you. Section 2 of House Bill 1491 states, in part, as follows: If any work is performed within six feet (1.83 meters) of any high voltage overhead line, or if mechanical equipment or machinery used near high voltage

N.D.A.G. Letter to Duppler (July 7, 1987) July 7, 1987 Mr. Alan Duppler Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Duppler: Thank you for your May 21, 1987, letter in which you asked whether local ad valorem property taxes may be levied upon properties located in Mercer County which are held either directly by the Department of Energy or held indirectly in trust by the First Trust Company of North Dakota. In my opinion, all of these properties are held by DOE as an instrumentality of the United States and are therefore immune from ad valorem tax

N.D.A.G. Letter to Kirschenheiter (July 2, 1987) July 2, 1987 Mr. Frank Kirschenheiter Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Kirschenheiter: Thank you for your letter of June 12, 1987, concerning Senate Bill 2477. Senate Bill 2477 creates and enacts six new sections to Chapter 6-09.10 of the 1985 Supplement to the North Dakota Century Code. The bill provides legal and tax assistance programs for financially distressed farmers and small business persons through the Credit Review Board and the Commissioner of Agriculture. It provides an appropriation of

N.D.A.G. Letter to Meier (July 1, 1987) July 1, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: This is in response to your letter of June 15, 1987, in which you ask whether you may terminate a central notice filing without a court order or without a termination statement having been filed by the secured party. In my opinion, you cannot terminate a central notice filing in the absence of a court order directing you to do so or the filing of a termination statement by the secured party. The mechanism for removing a name from a central n

N.D.A.G. Letter to Hall (July 1, 1987) July 1, 1987 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of June 19, 1987, inquiring as to the ability of the Walsh County Board of County Commissioners to alter election administration procedures within Walsh County which would affect not only Walsh County elections but also statewide elections occurring within Walsh County. North Dakota law authorizes home rule counties to adopt ordinances providing for "all matters pertaining to county elections, except as

N.D.A.G. Letter to Syverson (June 30, 1987) June 30, 1987 Mr. Gayle Syverson Deputy State Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Syverson: Thank you for your letter dated May 13, 1987, in which you inquire as to whether a part-time state's attorney may receive less than the 45% minimum salary as authorized in N.D.C.C. § 11-10-10(7). N.D.C.C. § 11-10-10(7) sets forth the minimum salary which a part-time state's attorney will receive in the performance of that state's attorney's duties. The legislative history pertaining to this provision indicates

N.D.A.G. Letter to Lothspeich (June 30, 1987) June 30, 1987 Mr. Dennis Lothspeich Williams County Assistant State's Attorney P.O. Box 1246 Williston ND 58802-1246 Dear Mr. Lothspeich: Thank you for your letter of June 16, 1987, inquiring on behalf of a school district as to the proper procedure to be followed when contesting the eligibility of a person who has won election to a school board. According to your letter, the issue is the residency of the successful candidate. The general powers and duties of a school board are found at N.D.C.C. § 15-29-08. Nowhere in the statute is the sc

N.D.A.G. Letter to Johnson (June 30, 1987) June 30, 1987 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of June 1, 1987, wherein you asked about a county's responsibility to maintain county roads located within the exterior boundary of an Indian reservation. The federal government has recognized the obligation of the various states and their subdivisions to provide for highway transportation within the exterior boundaries of an Indian reservation. 25 U.S.C. § 311 provide

N.D.A.G. Letter to Johnson (June 30, 1987) June 30, 1987 Mr. Dennis E. Johnson McKenzie County State's Attorney P.O. Box 1288 Watford City, ND 58854 Dear Mr. Johnson: Thank you for your letter of June 1, 1987, wherein you asked about a county's responsibility to maintain county roads located within the exterior boundary of an Indian reservation. The federal government has recognized the obligation of the various states and their subdivisions to provide for highway transportation within the exterior boundaries of an Indian reservation. 25 U.S.C. § 311 provide

N.D.A.G. Letter to O’Donnell (June 24, 1987) June 24, 1987 Ms. Mary K. O'Donnell Rolette County State's Attorney P. O. Box 1079 Rolla, ND 58367 Dear Ms. O'Donnell: Thank you for your letter dated June 8, 1987. You have inquired as to whether or not a municipality is liable for the cost of medical care provided to a prisoner incarcerated at a county jail on a warrant issued by the municipal court of a city which is located outside the county and which does not have a written contract with that county's jail. You have related that a person held in the Rolette County jail at the request

Date Issued: June 24, 1987 (AGO 87-13) Requested by: Gary D. Preszler, Commissioner Department of Banking and Financial Institutions - QUESTION PRESENTED - Whether state-chartered banks and credit unions are subject to the new assessment rate set forth in House Bill No. 1010 in relation to the 1987 assessments. - ATTORNEY GENERAL'S OPINION - It is my opinion that state-charted banks and credit unions are subject to the new assessment rate set forth in House Bill

Date Issued: June 23, 1987 (AGO 87-12) Requested by: Vern Fahy, North Dakota State Water Commission - QUESTIONS PRESENTED - I. Whether the state engineer must process drainage applications received after January 1, 1987, which include the type IV and V wetlands described in section 14 of Senate Bill No. 2035, according to current law. II. Whether the state engineer may permit drainage that would exceed the 2,500 acre limit of section 6 of Senate Bill No. 2035 between now and July 22, 198

Date Issued: June 23, 1987 (AGO 87-11) Requested by: F.C. Rohrich, Emmons County State's Attorney - QUESTIONS PRESENTED - I. Whether a county is liable for jury and jail costs incurred as a result of a trial in county court of a violation of a city ordinance when the city and county have entered into an agreement pursuant to section 8 of Senate Bill 2040. II. Whether a county is liable for jury and jail costs incurred as a result of a trial in coun

N.D.A.G. Letter to Meier (June 22, 1987) June 22, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of June 9, 1987, inquiring as to the ability of a for profit business corporation to merge with a nonprofit corporation pursuant to North Dakota law. Attached to your letter was a letter from a Bismarck attorney indicating the desire of a business corporation to cease doing business and to merge the assets of that corporation into a nonprofit corporation. The general principle of law concerning the power of the st

N.D.A.G. Letter to Jones (June 22, 1987) June 22, 1987 Mr. Wayne P. Jones Ransom County State's Attorney P. 0. Box 391 Lisbon, ND 58054 Dear Mr. Jones: Thank you for your letter of June 2, 1987, concerning a contemplated donation by the board of county commissioners of Ransom County to be made to a fund known as "Lisbon's Future". According to statements made by your office by telephone, this fund is essentially a private fund administered by a committee comprised of public and private individuals. Although the money is held in an account by the city, the money consists of donations

Office of the Attorney General State of North Dakota Opinion No. 87-10 Dated Issued: June 22, 1987 Requested by: Brian D. Neugebauer West Fargo City Attorney --QUESTIONS PRESENTED-- I. Whether the provisions of Senate Bill No. 2040, which revise the operation of municipal courts, become effective as to those criminal offenses occurring on July 8, 1987, and thereafter. II. Whether the amendments to N.D.C.C. § 40-18-15 concerning the waiver of a jury trial in an action for the violation of a city ordinance, as enacted in Sen

N.D.A.G. Letter to Fitzner (June 11, 1987) June 11, 1987 Mr. R. Jon Fitzner Valley City City Attorney P. O. Box 330 Valley City, ND 58072 Dear Mr. Fitzner: Thank you for your letter of May 26, 1987, inquiring as to the legality of a Valley City ordinance proposing to limit to six months any action brought by any consumer to obtain a refund for an overcharge of a utility payment where the overcharge was the result of an inaccurate meter. You question the validity of this ordinance in light of N.D.C.C. § 28-01-16 which provides a six year statute of limitations. A

Date Issued: June 11, 1987 (AGO 87-9) Requested by: David M. Crane Hettinger County State's Attorney - QUESTION PRESENTED - Whether a school district, whose general fund levy is at a maximum of seventy mills, may increase its levy, upon resolution of the school board and without voter approval, by three percent in 1985, and an additional three percent in 1986. - ATTORNEY GENERAL'S OPINION - It is my opinion that a school district, whose general fund levy is

N.D.A.G. Letter to Meier (June 10, 1987) June 10, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of May 28, 1987, regarding the appropriate fee to be charged for filing and indexing Uniform Commercial Code termination statements. The fee for filing and indexing a termination statement of the Uniform Commercial Code is stated to be $3. N.D.C.C. § 41-09-43(3). The fee of $3 was provided for by the Legislative Assembly in 1983. 1983 N.D. Sess. Laws ch. 469, § 1. In 1987, the Legislative Assembly amended N.D.C.C

N.D.A.G. Letter to Mahoney (June 10, 1987) June 10, 1987 Mr. John Mahoney Center City Attorney P. O. Box 355 Center, ND 58530 Dear Mr. Mahoney: Thank you for your letter of May 27, 1987, questioning the ability of a city to determine the time zone it wishes to observe in conducting its business. Your conclusion is that there is no authority for a city to determine what time zone it wishes to follow. With this conclusion I am in agreement. The question of establishing time zones has been addressed by the United States Congress. Congress has authorized the Secretary of Transportation to

N.D.A.G. Letter to Gibbens (June 10, 1987) June 10, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter of May 20, 1987, wherein you inquire whether there is a remedy available if ad valorem taxes on a leasehold interest in a railroad right of way become delinquent. N. D. Const. art. X, § 4, provides, in part, as follows: The property, including franchises of all railroads operated in this state. . . . shall be assessed by the state board of equalization in a manner prescribed by such state boa

N.D.A.G. Letter to Ficek (June 10, 1987) June 10, 1987 Mr. Vince H. Ficek Dickinson City Attorney P. O. Box 866 Dickinson, North Dakota 58601-0866 Dear Mr. Ficek: Thank you for your letter of April 16, 1987, in which you request my opinion as to whether a city may enact an ordinance providing for a five percent preference to local bidders in awarding city contracts. The city commission believes that local bidders, who pay local taxes, should be preferred over nonlocal bidders in times of local economic hardship. I apologize for the delay in responding to you. Various sections of

N.D.A.G. Letter to Koppy (June 8, 1987) June 8, 1987 Mr. Allen Koppy Morton County State's Attorney 210 2nd Avenue N.W. Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter dated May 11, 1987. You have stated that the Morton County Commission, in the absence of a zoning compliance officer, has requested you, as state's attorney, to send letters to persons who are in violation of planning and zoning regulations pertaining to building and occupancy permits. Since the zoning regulations may impose criminal penalties, you have expressed a concern as to the problem you face, as the cr

N.D.A.G. Letter to Heitkamp (June 8, 1987) Overrules by implication N.D.A.G. Ltr to Burleigh County State’s Attorney (May 26, 1982) June 8, 1987 Ms. M. K. Heidi Heitkamp Tax Commissioner and Secretary of the State Board of Equalization State Capitol Bismarck, North Dakota 58505 Dear Commissioner Heitkamp: Thank you for your letter of May 20, 1987, regarding the annual ad valorem assessment by the State Board of Equalization of the operative property of pipeline companies. Specifically, the members of the State Board are concerned about the taxable status of a pipeline owned by

N.D.A.G. Letter to Mehrer (June 1, 1987) June 1, 1987 Mr. Owen K. Mehrer Stark County State's Attorney P. O. Box 130 Dickinson ND 58601 Dear Mr. Mehrer: Thank you for your letter of April 8, 1987, regarding the definition of the term "board of county commissioners," and the issue of which officers vote on the annual budget for the district board of health. N.D.C.C. § 23-14-03 defines the term "board of county commissioners:" 23-14-03. ORGANIZED BY WHAT OFFICERS. Upon the adoption of the plan by a single county, or by two or more contiguous counties, as provided in section 23-14-01, th

N.D.A.G. Letter to Jones (May 28, 1987) May 28, 1987 Mr. Wayne P. Jones Ransom County State's Attorney P.O. Box 391 Lisbon, ND 58054 Dear Mr. Jones: Thank you for your letter of May 6, 1987, wherein you inquire about the tax exemption for new industries and N.D.C.C. ch. 40-57.1. Specifically, you wish to know whether a municipality can grant an extension of an ad valorem tax exemption for new industry beyond five years from the date of commencement of project operations. N.D.C.C. ch. 40-57.1 provides that a municipality may grant a property tax exemption, not exceeding five years, for

N.D.A.G. Letter to Crane (May 27, 1987) May 27, 1987 Mr. David M. Crane Hettinger County State's Attorney Box 99 Mott, ND 58646 Dear Mr. Crane: Thank you for your letter of May 18, 1987, posing two questions concerning the county's budget. Your first question is whether a county may divert funds from the highway tax distribution fund to its general fund. Your second question is whether the county may transfer money from other special funds to its general fund. With your letter, you included a review of the relevant statutes and case law concerning these questions. After analyzing

N.D.A.G. Letter to Haskell (May 26, 1987) May 26, 1987 Mr. Bruce B. Haskell Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Bismarck, ND 58501 Dear Mr. Haskell: Thank you for your April 14, 1987, letter regarding the time period for publication of the notice of the period of redemption of lands on which tax certificates have been issued and which have not been redeemed or assigned. I apologize for the delay in answering your letter. Specifically, you are concerned with the language of N.D.C.C. § 57-28-06 which provides that the notice of the expiration of the per

Date Issued: May 22, 1987 (AGO 87-08) Requested by: Honorable Ben Meier Secretary of State - QUESTION PRESENTED - Whether a petition seeking the referral of a part of a legislative act is in compliance with N.D. Constitution Article III Section 2 and N.D.C.C. section 16.1-01-09 where only those parts of the legislative act sought to be referred are included as the full text of the measure. - ATTORNEY GENERAL'S OPINION - It is my opinion that a petition seeki

N.D.A.G. Letter to Lipp (May 21, 1987) May 21, 1987 Mr. Walter M. Lipp Sheridan County State's Attorney P.O. Box 683 McClusky, ND 58463 Dear Mr. Lipp: Thank you for your letter of March 16, 1987, regarding in lieu of tax payments that are received by Sheridan County from the Bureau of Reclamation. I apologize for the delay in responding to you. Specifically, you wish to know whether townships located within Sheridan County are entitled to any of the money that the county receives under the Payment in Lieu of Taxes Act, 31 U.S.C. §6901, et. seq. A similar question was presented in 1981

Date Issued: May 21, 1987 (AGO 87-07) Requested by: Albert J. Hardy Belfield City Attorney - QUESTION PRESENTED - I. Whether the date of issuance of two separate refunding improvement bond issues creates a prior claim on behalf of the earlier issued bonds to money in a deficiency fund. II. Whether the governing body of a city is required to levy a tax upon all taxable property in the city to pay principal and interest due on special assessment warrants, when

N.D.A.G. Letter to Scherber (May 14, 1987) May 14, 1987 Honorable Kit Scherber State Representative 922 11th Street North Fargo, North Dakota 58102 Dear Representative Scherber: Thank you for your letter of March 13, 1987, which was received by our office on April 21, 1987. You request my opinion on whether the city of Fargo's contract with a private bridge company is in conformity with the provisions of N.D.C.C. § 40-05-01(57). You also request clarification as to the contract's commencement date and its duration. The agreement in question was executed by the city of Fargo, the city o

N.D.A.G. Letter to Green (May 12, 1987) May 12, 1987 Mr. Jerry G. Green, M.D. Chief, Pulmonary Section University of North Dakota 2100 North Elm Fargo, ND 58102 Dear Dr. Greene: Thank you for your letter of April 6, 1987, regarding smoking control at Air National Guard facilities. N.D.C.C. § 23-12-09 defines a "place of public assembly" for purposes of smoking control. N.D.C.C. § 23-12-09(2) states, in part: 23-12-09. SMOKING IN PLACES OF PUBLIC ASSEMBLY -- DEFINITIONS.- * * * 2. All buildings and other enclosed structures owned by the state, its agencies, or politi