North Dakota Attorney General Opinions

N.D.A.G. Letter to Wheelihan (Oct. 22, 1985) October 22, 1985 Mr. David M. Wheelihan Diemert & Wheelihan, P.C. Attorneys for City of Ellendale P. O. Box 39 Ellendale, ND 58436-0039 Dear Mr. Wheelihan: Thank you for your letter dated September 23, 1985, in which you requested an attorney general's opinion as to whether the North Dakota Century Code provides statutory authority to enable a municipality to own its own cable television system. In 1984, Congress enacted the Cable Communications Policy Act of 1984. In the area of regulations as to cable television systems, this federal Act

N.D.A.G. Letter to Dahlgren (Oct. 22, 1985) October 22, 1985 Mr. Albert Dahlgren Secretary-Treasurer North Dakota Board of Massage 508 21st Ave. So. Fargo, ND 58103 Dear Mr. Dahlgren: Thank you for your letter dated, September 9, 1985, regarding the following two questions: (1) whether the North Dakota Board of Massage may grant licenses to individuals who trained in Europe; and (2) whether a six-month residency requirement may be waived for individual applicants seeking to be licensed by the North Dakota Board of Massage. Your first question is whether the Nort

N.D.A.G. Letter to Sanstead (Oct. 18, 1985 ) October 18, 1985 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, North Dakota 58505 Dear Dr. Sanstead: Thank you for your letter of September 20, 1985, in which you asked this office to render an opinion regarding the last sentence of N.D.C.C. § 15-29-08(10). N.D.C.C. § 15-29-08(10) states as follows: 15-29-08. GENERAL POWERS AND DUTIES OF SCHOOL BOARD. The powers and duties of the school board of a public school district shall be as follows: * * * 10. To contract with, employ,

N.D.A.G. Letter to Eiken (Oct. 18, 1985) October 18, 1985 Mr. Doug Eiken, Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of October 11, 1985, concerning the bidding requirements of state law for a proposed boat ramp project at Icelandic State Park. N.D.C.C. §48-02-02 requires "plans, drawings, and specifications for the work, upon competitive bids" for "altering, repairing, or constructing any building belonging or appertaining to any of the

Office of the Attorney General State of North Dakota Opinion No. 85-40 Date Issued: October 18, 1985 Requested by: John A. Graham Executive Director Department of Human Services --QUESTION PRESENTED-- Whether 1985 N.D. Sess. Laws 134, § 1 confers authority upon the Bank of North Dakota and the North Dakota Department of Human Services to make available money out of loan fund number 3 to Share House, a treatment facility for chemically addicted adolescents. --ATTORNEY GENERAL'S OPINION-- It is my opinion that 1985 N.D. Sess.

N.D.A.G. Letter to Van De Streek (Oct. 17, 1985) October 17, 1985 Mr. Nevin Van de Streek Minot City Attorney P.O. Box 1697 Minot, ND 58701 Dear Mr. Van de Streek: Thank you for your letter of October 3, 1985, regarding the application of N.D.C.C. 25-16-14. N.D.C.C. 25-16-14(2) provides: 25-16-14. DEFINITIONS - GROUP HOMES FOR DEVELOPMENTALLY DISABLED PERSONS - ZONING. * * * 2. Notwithstanding the provisions of chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations

N.D.A.G. Letter to Lundberg (Oct. 11, 1985) October 11, 1985 Ms. Jane M. Lundberg Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Commissioner Lundberg: Thank you for your letter of October 1, 1985, concerning a conflict involving N.D.C.C. § 6-01-04.2 and Ch. 28-32, the Administrative Agencies Practice Act. Whenever a general provision of a statute is in conflict with a special provision in the same or another statute, the two must be construed, if possible, so that effect may be given to both provisions. But, if the conflict betwee

N.D.A.G. Letter to Hall (Oct. 11, 1985) October 11, 1985 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, North Dakota 58237 Dear Mr. Hall: Thank you for your letter of August 27, 1985. The question you have raised in your letter has required consultation with staff members of this office as well as other agency attorneys. You have inquired as to the responsibility of a state's attorney to pursue paternity actions in a matter initiated by an out-of-state request under the Uniform Reciprocal Enforcement of Support Act as found in N.D.C.C. Ch. 1412.1. Y

N.D.A.G. Letter to Hall (Oct. 11, 1985) October 11, 1985 Mr. Nicholas B. Hall Walsh County State's Attorney Walsh County Courthouse Grafton, North Dakota 58237 Dear Mr. Hall: Thank you for your letter of August 27, 1985. The question you have raised in your letter has required consultation with staff members of this office as well as other agency attorneys. You have inquired as to the responsibility of a state's attorney to pursue paternity actions in a matter initiated by an out-of-state request under the Uniform Reciprocal Enforcement of Support Act as found in N.D.C.C. Ch. 1412.1. Y

Office of the Attorney General State of North Dakota Opinion No. 85-39 Date Issued: October 11, 1985 Requested by: Robert G. Hoy Cass County State's Attorney --QUESTION PRESENTED-- Whether the specific automobile exemption of N.D.C.C. § 28-22- 03.1 precludes a debtor from claiming additional exemptions for automobiles pursuant to N.D.C.C. § 28-22-03. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the specific automobile exemption of N.D.C.C. § 28-22-03.1 does not preclude a debtor from claiming additional exempti

N.D.A.G. Letter to Martinson (Oct. 9, 1985) October 9, 1985 Honorable Robert W. Martinson District 49 P.O. Box 2296 Bismarck, ND 58502 Dear Bob: Thank you for your letter of August 23, 1985, requesting information on whether the North Dakota National Guard needs liquor licenses to operate the unit clubs. The North Dakota National Guard is a state agency. As a state agency, it is prohibited from engaging in the sale of alcohol. N.D. Const. Art. X, § 18, states, in part: The state, any county or city may make internal improvements and may engage in any industry, enterprise or business,

N.D.A.G. Letter to Haskell (Oct. 9, 1985) October 9, 1985 Mr. Bruce B. Haskell Assistant State's Attorney Morton County State's Attorney's Office P.O. Box 190 Mandan, ND 58554 Dear Bruce: Thank you for your letter of September 27, 1985, inquiring as to whether the North Dakota Sunday closing law allows a business to operate on a Sunday where that business does not fall within the list of businesses allowed to operate on a Sunday. The modification to the North Dakota Sunday closing law, 1985 N.D. Sess. Laws 183, leaves little doubt but that the Legislature intended to prohibit the cond

Office of the Attorney General State of North Dakota Opinion No. 85-37 Date Issued: October 9, 1985 Requested by; Peter H. Furuseth Assistant City Attorney Williston, North Dakota --QUESTION PRESENTED-- Whether a defendant's plea of guilty in municipal court waives the right of appeal to county court for a new trial. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a defendant's plea of guilty in municipal court waives the right of appeal to county court for a new trial unless proper procedure is followed for w

N.D.A.G. Letter to Unhjem (Oct. 8, 1985) October 8, 1985 Honorable Michael Unhjem State Representative District 48 P.O. Box 495 Jamestown, ND 58402 Dear Representative Unhjem: Thank you for your letter of September 24, 1985, requesting an opinion concerning House Bill 1390. This particular legislation is now found in N.D.C.C. Ch. 11-11.1 and concerns the creation of a county job development authority. N.D.C.C. §11-11.1-06 provides that counties who do not wish to establish a job development authority may levy a tax to be used to enter into a contract with an "i

Office of the Attorney General State of North Dakota Opinion No. 85-36 Date Issued: October 4, 1985 Requested by: Tom P. Slorby Ward County State's Attorney --QUESTION PRESENTED-- Whether a foreclosure judgment is to be docketed as a money judgment. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a foreclosure judgment should not be docketed as a money judgment. --ANALYSIS-- N.D.C.C. § 28-20-11 provides for entry of judgments. It states: 28-20-11. HOW JUDGMENT ENTERED--NOTICE WHEN CERTIFIED COPY RECORDED.--The judgm

N.D.A.G. Letter to Meier (Oct. 3, 1985) October 3, 1985 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 6, 1985, inquiring as to whether a religious organization is required to have a place of worship in this state in order to be exempt from the Charitable Organizations Soliciting Contributions Act of N.D.C.C. Ch. 50-22. Charitable organizations exempt from the charitable solicitation licensure law are set forth in N.D.C.C. §50-22-01 which provides as follows: 50-22-01. DEFINITIONS. As used in this ch

N.D.A.G. Letter to Holm (Oct. 3 , 1985) October 3, 1985 Mr. John O. Holm Attorney for the City of Gladstone 17 Second Avenue West Dickinson, ND 58601 Dear Mr. Holm: Thank you for your letter dated August 27, 1985, in which you requested an Attorney General's opinion concerning N.D.C.C. § 40-26-08. Specifically, you inquired whether the deficiency levy provisions for special assessments in N.D.C.C. §40-26-08 are limited to a "particular year . . . within an ongoing amortization bond schedule," or whether they "apply when an entire special assessment becomes due to a default and an inab

N.D.A.G. Letter to Hagerty (Oct. 3, 1985) October 3, 1985 Ms. Gail Hagerty Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter dated September 4, 1985, in which you requested a review of the response which you made to Burleigh County Commission Chairman Robert Kniefel regarding whether Burleigh County is in compliance with N.D.C.C. §11-15-07(21) as to payments to the sheriff for boarding prisoners. I have reviewed your response and have examined the relevant statutory provisions. N.D.C.C. §11-15-07, provides, in releva

N.D.A.G. Letter to Fahy (Oct. 3, 1985) October 3, 1985 Mr. Vern Fahy State Engineer North Dakota State Water Commission 900 East Boulevard Bismarck, ND 58505-0187 Dear Mr. Fahy: Thank you for your letter of September 23, 1985, wherein you set forth your interpretation of N.D.C.C. §61-24.3-03.1 in connection with awarding contracts for the Southwest Pipeline Project. N.D.C.C. §61-24.3-03.1 provides, in pertinent part, as follows: 61-24.3-03.1. PREFERENCE FOR RESIDENT PIPELINE MANUFACTURERS AND BIDDERS FOR LABOR AND SERVICES. Any contracts for the purchase of pipeline materials

Office of the Attorney General State of North Dakota Opinion No. 85-35 Date Issued: October 3, 1985 Requested by: Kent Conrad North Dakota Tax Commissioner --QUESTIONS PRESENTED-- Whether the sales tax of one percent imposed by the City of Grand Forks must be based upon the gross receipts from all sales regardless of the amount of tax collected by a retailer from a consumer under a bracket system adopted by the City. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the sales tax of one percent impos

N.D.A.G. Letter to Sanstead (Oct. 1, 1985) October 1, 1985 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your letter of September 5, 1985, regarding the reprinting of the Department of Public Instruction's Handbook of Literature for the Elementary Schools of North Dakota . According to your letter, the Handbook of Literature is a compilation of children's literature and it may contain copyrighted material. The question that has arisen is whether the doctrine of

N.D.A.G. Letter to Rohrich (Sep. 30, 1985) September 30, 1985 Mr. F. C. Rohrich Emmons County State's Attorney P. O. Box 657 Linton, North Dakota 58552 Dear Mr. Rohrich: Thank you for your letter of September 4, 1985, wherein you inquired whether the county commissioners could utilize the 1974 Linton Hospital Mill Levy to finance the recent roof repairs of the hospital. N.D.C.C. §23-18-04 provides as follows: 23-18-04. PROCEEDS OF TAX PLACED IN SPECIAL FUND --USE. The proceeds of the tax provided for by this chapter shall be placed in a separate fund by the county treasurer and shall

N.D.A.G. Letter to Eiken (Sep. 30, 1985) September 30, 1985 Mr. Douglas K. Eiken, Director North Dakota Parks and Recreation Department 1424 West Century Avenue Suite 202 Bismarck, North Dakota 58501 Dear Mr. Eiken: I apologize for the delay in responding to your letter dated August 1, 1985, in which you requested an Attorney General's opinion on the following three questions: first, whether the Parks and Recreation Department may accept a donation of land from the Nature Conservancy; second, whether the Parks and Recreation Department may begin to develop access facilities at the site

N.D.A.G. Letter to Slorby (Sep. 25, 1985) September 25, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter wherein you inquire whether the Ward County Board of Commissioners can levy a property tax for use by the Minot Area Development Corporation to pay delinquent taxes and special assessments on properties acquired by the corporation in an effort to promote industrial development. As you know, the 1985 Legislative Assembly enacted legislation which authorized a board of county c

N.D.A.G. Letter to Hoffner (Sep. 25, 1985) September 25, 1985 Mr. Serenus Hoffner State Representative District 32 1424 Atlanta Drive Bismarck, ND 58502 Dear Mr. Hoffner: Thank you for your letter dated August 16, 1985. In your letter you requested an opinion about a recent "Soo/Milwaukee Employee Protective Agreement" between the Soo Line Railroad and its employees' union. Specifically, you requested an opinion on whether the agreement is contrary to North Dakota law in that it "purports to eliminate the third brakemen's positions" in the ope

N.D.A.G. Letter to Dahlgren (Sep. 24, 1985) September 24, 1985 Mr. Albert Dahlgren North Dakota Board of Massage 508 21st Ave. S. Fargo, ND 58103 Dear Mr. Dahlgren: Mrs. Barbara J. Larson asked that I write to you concerning Janos Takacs' application to register as a massage therapist. Mr. Takacs is a Romanian refugee who has resided in North Dakota since late July, 1985. He would like to take the next massage therapy examination administered by the North Dakota Board of Massage. On Mr. Takacs's behalf, Mrs. Larson requested answers to the following questions: 1. Can the six-month r

N.D.A.G. Letter to Jorgenson (Sep. 19, 1985) September 19, 1985 Mr. Lewis C. Jorgenson Ramsey County State's Attorney P.O. Box 1001 Devils Lake, ND 58301 Dear Mr. Jorgenson: Thank you for your letter of September 5, 1985, in which you requested an Attorney General's Opinion as to whether mileage payments to county officials in excess of the amounts provided for in N.D.C.C. § 54-06-09 are permissible under N.D.C.C. § 11-10-15. N.D.C.C. § 11-10-15, as amended by the 49th Legislative Assembly of North Dakota, provides as follows: 11-10-15. MILEAGE OF OFFICIALS AND EMPLOYEES. Unless other

N.D.A.G. Letter to Tallackson (Sep. 18, 1985) September 18, 1985 Honorable Harvey D. Tallackson State Senate District 16 Grafton, ND 58237 Dear Harvey: Thank you for your letter of August 29, 1985, in which you requested an Attorney General’s opinion as to whether or not a member of the North Dakota Legislative Assembly may be appointed to a state or civil office while serving as a member of the North Dakota Legislative Assembly. In addition, you wish to know whether a member of the North Dakota Legislative Assembly may resign from that body and accept a subseq

N.D.A.G. Letter to Sanstead (Sep. 16, 1985) September 16, 1985 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol Bismarck, North Dakota 58505 Dear Dr. Sanstead: Thank you for your letter of August 30, 1985, concerning the authority of the Superintendent of Public Instruction to become involved in complaint resolution of matters concerning federal educational requirements in programs involving children. According to the materials you have enclosed with your letter, federal law now requires recipients of federal funds to obtain

N.D.A.G. Letter to Mehrer (Sep. 12, 1985) September 12, 1985 Mr. Owen K. Mehrer Stark County State's Attorney P. O. Box 130 Dickinson, North Dakota 58601 Dear Owen: Thank you for your letters of July 5, 1985, and July 30, 1985, requesting an opinion as to whether businesses which engage in the business of renting video movie tapes during the business week may remain open for that purpose on a Sunday. I apologize for the delay in responding to you. However, along with our staff attorneys, I have given this matter serious consideration and close scrutiny. To determine whether a particula

N.D.A.G. Letter to Baer (Sep. 11, 1985) September 11, 1985 Mr. Larry M. Baer Towner County State's Attorney P. O. Box 685 Cando, North Dakota 58324 Dear Mr. Baer: Thank you for your letter dated August 30, 1985. You have inquired as to whether or not the State of North Dakota is responsible for the expenses incurred by Towner County as a result of the shooting of a North Dakota High- way Patrolman this past summer. You state that the person charged with such shooting has incurred substantial medical costs and Towner County has had to pay for the presence of a guard for the defendant at

Office of the Attorney General State of North Dakota Opinion No. 85-34 Date Issued: September 10, 1985 Requested by: Peter A. Quist Securities Commissioner --QUESTIONS PRESENTED-- I. Whether the term 'issued' and its cognates as used in 1985 N.D. Sess. Laws 119 are synonymous with the term 'sale.' II. Whether foreign banks are prohibited by 1985 N.D. Sess. Laws 119 from issuing or selling certificates of deposit in North Dakota. III. Whether the answer to question II is dependent upon whether the bank is covered by FDIC insurance.

N.D.A.G. Letter to Lundberg (Sep. 4, 1985) September 4, 1985 Ms. Jane M. Lundberg Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, North Dakota 58505 Dear Commissioner Lundberg: This letter is in response to Commissioner Marilyn Foss's letter of July 10, 1985, in which she asked whether a state-chartered bank may invest funds in a mutual fund which invests its assets exclusively in securities which are permissible investments for state-chartered banks, without first obtaining approval from the State Banking Board. As Ms. Foss p

N.D.A.G. Letter to Hoffner (Aug. 30, 1985) August 30, 1985 Honorable Serenus Hoffner House of Representatives District 32 1424 Atlanta Drive Bismarck, ND 58501 Dear Representative Hoffner: Thank you for your letter of July 19, 1985, regarding questions that you have concerning the organizational motorcycle safety guidelines which were developed by the North Dakota Department of Public Instruction. N.D.C.C. § 39-28-02 provides as follows: 39-28-02. SUPERINTENDENT OF PUBLIC INSTRUCTION TO ESTABLISH STANDARDS FOR MOTORCYCLE SAFETY COURSES. The superintendent of public in

N.D.A.G. Letter to Hagerty (Aug. 30, 1085) August 30, 1985 Ms. Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Hagerty: Thank you for your letter of August 1, 1985, concerning the new extradition statute as passed by the 1985 Legislature and as found in N.D.C.C. Ch. 29-30.3. Your question concerns the responsibility of the state in reimbursing counties for the expenses incurred in retrieving fugitives pursuant to the extradition process where the offense involves confinement in the State Penitentiary. You are

N.D.A.G. Letter to Person (Aug. 29, 1985) August 29, 1985 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive P. O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of August 12, 1985, concerning the scope of the 1985 Legislative amendments to N.D.C.C. §54-52.1-03 concerning participation in the state health group plan by former legislators of this state. The key language contained in the 1985 amendment to N.D.C.C. §54-52.1-03, as found in 1985 N.D. Sess. Laws 588, is as follows: A member or former member of

N.D.A.G. Letter to Fahy (Aug. 2 9, 1985) August 29, 1985 Mr. Vernon Fahy, P.E. State Engineer North Dakota State Water Commission 900 East Boulevard Bismarck, ND 58505 Dear Mr. Fahy: Thank you for your letter of July 31, 1985, concerning floodplain ordinances. The first question in your letter concerns floodplain ordinances and whether such ordinances are considered to be zoning ordinances. Authority has been bestowed upon the various political subdivisions to enact zoning ordinances, regulations, and restrictions. N.D.C.C. §§11-31-01, 40-47-01, 58-03-11. The p

N.D.A.G. Letter to Fahy (Aug. 2 9, 1985) August 29, 1985 Mr. Vernon Fahy, P.E. State Engineer North Dakota State Water Commission 900 East Boulevard Bismarck, ND 58505 Dear Mr. Fahy: Thank you for your letter of July 31, 1985, concerning floodplain ordinances. The first question in your letter concerns floodplain ordinances and whether such ordinances are considered to be zoning ordinances. Authority has been bestowed upon the various political subdivisions to enact zoning ordinances, regulations, and restrictions. N.D.C.C. §§11-31-01, 40-47-01, 58-03-11. The p

Office of the Attorney General State of North Dakota Opinion No. 85-33 Date Issued: August 29, 1985 Requested by: Lt. Governor Ruth Meiers --QUESTIONS PRESENTED-- I. Whether the United States Department of Energy is now the operator of the Great Plains Coal Gasification Plant at Beulah, North Dakota, within the meaning of N.D.C.C. Ch. 57-60 which provides for a privilege tax on the operator of a coal conversion facility. II. Whether the supremacy clause of the United States Constitution, Article 6, Clause 2, prohibits the State of N

Office of the Attorney General State of North Dakota Opinion No. 85-31 Date Issued: August 20, 1985 Requested by: Dr. Wayne G. Sanstead Superintendent Department of Public Instruction --QUESTION PRESENTED-- Whether a school district has the legal authority to borrow money from the federal Environmental Protection Agency to aid the school district in funding the removal costs of asbestos. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a school district does not have the legal authority to borrow money from the fed

Office of the Attorney General State of North Dakota Opinion No. 85-30 Date Issued: August 20, 1985 Requested by: Michael S. McIntee State's Attorney McHenry County, North Dakota --QUESTION PRESENTED-- Whether a county treasurer may transfer, upon proper authorization, investment income or interest earned prior to July 1, 1985, through the investment or deposit of the principal amount credited to a school district's special reserve fund to the school district's general fund pursuant to Senate Bill 2270. --ATTORNEY GENERA

N.D.A.G. Letter to Renner (Aug. 19, 1985) August 19, 1985 Mr. Jerry Renner Kidder County States Attorney P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your letter of July 16, 1985, describing a situation where a city park board wishes to expend public monies to assist a nonprofit corporation in that corporation's operation of a swimming pool and the provision of swimming lessons by that corporation to residents of the city. Your attention is directed to N.D. Const. Art. X., §18, which states, in part, as follows: . . . but neither the state nor any political subdivision

N.D.A.G. Letter to Pomeroy (Aug. 19, 1985) August 19, 1985 Honorable Earl R. Pomeroy Commissioner of Insurance North Dakota Department of Insurance State Capitol Bismarck, ND 58505 Dear Commissioner Pomeroy: Thank you for Mr. Beutler's letter of June 17, 1985, in which you request an opinion on whether or not your department can take action against an insurance company which paid a commission to an agent for work performed by the agent although the work was performed prior to the date of the agent's appointment by that company. Your letter indicates that the agent solicited business fo

Office of the Attorney General State of North Dakota Opinion No. 85-29 Date Issued: August 15, 1985 Requested by: Marilyn K. Foss Commissioner Department of Banking and Financial Institutions --QUESTION PRESENTED-- Whether Treasury Securities, the ownership of which is evidenced by Treasury Receipts, are securities which are eligible to be pledged by a financial institution as security for the repayment of a deposit of public funds by a public corporation pursuant to N.D.C.C. § 21-04-09. --ATTORNEY GENERAL'S OPINION-- It is my

Office of the Attorney General State of North Dakota Opinion No. 85-28 Date Issued: August 14, 1985 Requested by: Gail Hagerty Burleigh County State's Attorney --QUESTION PRESENTED-- Whether Burleigh County commissioners may use the funds currently segregated in the insurance reserve fund established pursuant to N.D.C.C. § 32-12.1-08 to pay the premium for liability insurance. --ATTORNEY GENERAL'S OPINION-- It is my opinion that Burleigh County may use the funds currently segregated in the insurance reserve fun

N.D.A.G. Letter to Kinsey (Aug. 13, 1985) August 13, 1985 Mr. Robert W. Kinsey Divide County State's Attorney 110 North Main Street Crosby, ND 58730 Dear Mr. Kinsey: Thank you for your letter of August 1, 1985, requesting counsel as to whether Divide County may expend federal revenue sharing funds for some six separate purposes described in your letter. As you state, N.D.C.C. §21-06-11 allows political subdivisions to expend federal revenue sharing moneys for any purpose for which general or special fund moneys of that political subdivision may be expended regardless of whether a tax l

N.D.A.G. Letter to Tomac (Aug. 5, 1985) August 5, 1985 Mr. Steven W. Tomac Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Tomac: This letter is in response to a request from the Credit Review Boards Administrative Assistant, Jet Collins, concerning the use of interest monies from the HomeQuarter Purchase Fund to pay administrative costs of the Credit Review Board. House Bill No. 1494, as passed by the 1985 Legislative Assembly establishes a Home-Quarter Purchase Fund. 1985 N.D. Sess. Laws 137. Section 11 of HB No. 1494 authorized the tra