North Dakota Attorney General Opinions

Office of the Attorney General State of North Dakota Opinion No. 83-40 Date Issued: November 3, 1983 Requested by: John S. Lesmeister State Treasurer --QUESTION PRESENTED-- Whether the apportionment formula to be used by the state treasurer in apportioning coal severance tax revenue between a coal producing county and a non-coal producing county pursuant to Section 57-62-02(03)(b)(2) of the North Dakota Century Code, includes only the assessed valuations of land, without including the assessed value of structures and improvements. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the ap

Office of the Attorney General State of North Dakota Opinion No. 83-39 Date Issued: October 14, 1983 Requested by: Robert E. Keim Acting Commissioner Department of Banking and Financial Institutions --QUESTION PRESENTED-- Whether a notification of change and control must be given to the State Banking Board when the controlling stock of a nonbank holding company which owns a trust company is sold or purchased. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a notice of change and control must be given to the State Banking Board when the controlling stock of the nonbank holding company

Office of the Attorney General State of North Dakota Opinion No. 83-38 Date Issued: October 10, 1983 Requested by: Nevin Van de Streek Minot City Attorney --QUESTION PRESENTED-- Whether employees of the State or a political subdivision who are entitled to invoke the provisions of Section 37-01-25 of the North Dakota Century Code, can use their 20 work days each calendar year for regularly scheduled weekend, daily or hourly drills or monthly unit training assemblies. --ATTORNEY GENERAL'S OPINION-- It is my opinion that employees of the state or a political subdivision who are entitled to

Office of the Attorney General State of North Dakota Opinion No. 83-37 Date Issued: September 27, 1983 Requested by: Kent Conrad State Tax Commissioner --QUESTION PRESENTED-- Whether in the valuation and assessment of agricultural lands pursuant to Section 57-02-27.2 of the North Dakota Century Code, for the calendar year 1983, the average annual gross return shall be capitalized at seven and one-half percent. --ATTORNEY GENERAL'S OPINION-- It is my opinion that pursuant to Section 57-02-27.2, N.D.C.C., in the valuation and assessment of agricultural lands for the calendar year 1983, the

Overruled by N.D.A.G. 90-31 Office of the Attorney General State of North Dakota Opinion No. 83-36 Date Issued: September 26, 1983 Requested by: Senator Joseph A. Satrom Representative Serenus Hoffner Representative Robert W. Martinson --QUESTION PRESENTED-- Whether the elimination of an intersection of two streets constitutes a vacation of parts thereof purusant to Chapter 40-39 of the North Dakota Century Code. --ATTORNEY GENERAL'S OPINION-- It is my opinion that the elimination of an intersection of two streets constitutes a vacation of parts thereof pursuant to Chapter 40-39, N.D.C.C.

Office of the Attorney General State of North Dakota Opinion No. 83-35 Date Issued: August 22, 1983 Requested by: Gail H. Hagerty Burleigh County State's Attorney --QUESTION PRESENTED-- Whether a foster parent may serve on a county social service board. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a foster parent may not serve on a county social service board. --ANALYSIS-- Foster parents, when properly licensed pursuant to Chapter 50-11 of the North Dakota Century Code, may furnish care to foster children. Payment for that care is ordinarily made by or through the county social ser

Office of the Attorney General State of North Dakota Opinion No. 83-34 Date Issued: August 19, 1983 Requested by: Brian D. Neugebauer West Fargo City Attorney --QUESTIONS PRESENTED-- I. Whether a resolution passed by a city commission approving a tax exemption of property is subject to the initiative and referendum statutes. II. Whether a city governing body may call for a special election for the purposes of obtaining an advisory vote by the electors. III. Whether a city governing body may repeal, alter, or amend its own resolution. IV. Whether the repeal, alteration, or amendment of a ci

Office of the Attorney General State of North Dakota Opinion No. 83-33 Date Issued: August 18, 1983 Requested by: Kent Jones Commissioner North Dakota Department of Agriculture --QUESTION PRESENTED-- Whether oral information provided to a merchant by a register of deeds pursuant to Section 11-18-01(8) of the North Dakota Century Code provides protection to a buyer of farm products without written confirmation after receipt of the required fee. --ATTORNEY GENERAL'S OPINION-- It is my opinion that oral information provided to a merchant by a register of deeds pursuant to Section 11-18-01(8

Office of the Attorney General State of North Dakota Opinion No. 83-32 Date Issued: August 15, 1983 Requested by: Representative William E. Gorder --QUESTION PRESENTED-- Whether the Department of Human Services may purchase any services for developmentally disabled persons from proprietary providers. --ATTORNEY GENERAL'S OPINION-- It is my opinion the the Department of Human Services may purchase services for developmentally disabled persons from proprietary providers as long as those services are purchased by the department's Division of Vocational Rehabilitation. --AN

Office of the Attorney General State of North Dakota Opinion No. 83-31 Date Issued: August 9, 1983 Requested by: Richard C. Wilkes Ward County Assistant State's Attorney --QUESTION PRESENTED-- Whether a township board of supervisors has a duty to construct a road on a section line right-of-way upon the request of an individual. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a board of township supervisors does not have a duty to construct a road on a section line right-of-way upon the request of an individual. --ANALYSIS-- The legislative intent relative to the designation of the var

Office of the Attorney General State of North Dakota Opinion No. 83-30 Date Issued: August 9, 1983 Requested by: Jerome Renner Kidder County State's Attorney --QUESTIONS PRESENTED-- I. Whether a limitation exists on the size of a levy to be made under Section 50-03-01 of the North Dakota Century Code for the support of the poor in the county. II. Whether any vote of the people is required for a levy under Section 50-03-01, N.D.C.C. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that a limitation does exist on the size of a levy to be made under Section 50-03-01, N.D.C.C., for the sup

Office of the Attorney General State of North Dakota Opinion No. 83-29 Date Issued: August 9, 1983 Requested by: Representative Mike Hamerlik --QUESTION PRESENTED-- Whether a Minnesota resident must pay sales tax when purchasing a taxable item of tangible personal property in North Dakota even though that same item is exempt from the Minnesota sales tax. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a Minnesota resident must pay sales tax when purchasing a taxable item of tangible personal property in North Dakota even though that same item is exempt from the Minnesota sales tax. --

N.D.A.G. Letter to Slorby (July 21, 1983) July 21, 1983 Tom P. Slorby Ward County State’s Attorney Ward County Courthouse Minot, North Dakota 58701 Dear Tom: Thank you for your letter of June 8, 1983, in which you request an answer to the question of whether Ward County is obligated to pay the costs of towing and storage of vehicles abandoned in Ward County which are taken into custody and impounded by order of the North Dakota Highway Patrol. You correctly indicate that Section 39-26-04 of the North Dakota Century Code authorizes units of government to “take into custod

Date Issued: July 21, 1983 (AGO 83-28) Requested by: Wayne O. Solberg, Fargo City Attorney - QUESTION PRESENTED - Whether section 25-16-14 of the North Dakota Century Code would prevent the City of Fargo from enforcing a zoning regulation which prohibits the establishment of a home for teenage alcoholics in a residential district. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 25-16-14, N.D.C.C., does not prevent the City of Fargo from enforcing a zoning regulation which prohibits the establishment of a home for teenage alcoholics in a residential district. - ANALYSIS - Secti

Date Issued: July 19, 1983 (AGO 83-27) Requested by: Alton N. Koppang, Director Finance & Reorganization, State Board of Public School Education - QUESTION PRESENTED - Whether the State Board of Public School Education must comply with notice requirements as provided in section 28-32-05(7) of the North Dakota Century Code at its hearings regarding annexations, reorganizations, and dissolutions of school districts. - ATTORNEY GENERAL'S OPINION - It is my opinion that the State Board of Public School Education must comply with notice requirements as provided in sectio

N.D.A.G. Letter to Hagerty (July 18, 1983) July 18, 1983 Gail Hagerty Burleigh County State's Attorney Burleigh County Courthouse 514 E. Thayer Avenue Bismarck, North Dakota 58501 Dear Gail: Thank you for your letter of June 23, 1983, inquiring as to the legality of using the County Emergency Fund to finance expansion of the civil defense system in the City of Bismarck. You indicate that because of the age of the present civil defense system and rapid growth of the city, the Burleigh County Commission believes that there exists an "impairment of county property necessary for the conduct of th

Date Issued: July 12, 1983 (AGO 83-26) Requested by: Robert G. Hoy, Cass County State's Attorney - QUESTION PRESENTED - Whether a guardian may give consent, on behalf of a ward, to medical care and treatment of the ward, and may apply for admission of the ward as a voluntary patient to the State Hospital or other treatment facility for care and treatment of mental illness, alcoholism, or drug abuse. - ATTORNEY GENERAL'S OPINION - It is my opinion that a guardian may give consent, on behalf of a ward, to medical care and treatment of the ward, and may apply for admission of the ward as a vo

Office of the Attorney General State of North Dakota Opinion No. 83-25 Date Issued: July 12, 1983 Requested by: Dennis E. Johnson McKenzie County State's Attorney --QUESTIONS PRESENTED-- I. Whether a patient is responsible for the expenses for his care and treatment incurred at the State Hospital. II. Whether a county is responsible for the costs of a court-appointed attorney and a court-ordered medical examination as a result of a petition for involuntary treatment. III. Whether a patient is responsible for the expenses of his transportation to a treatment facility. --ATTORNEY GENERAL

Date Issued: June 21, 1983 (AGO 83-24) Requested by: Orrin B. Lovell, Golden Valley State's Attorney - QUESTIONS PRESENTED - I. Whether a county commissioner may claim an expense for meals connected with attendance at a county commission board m eeting held away from the commissioner's living and working residence. II. Whether the term "working" in section 44-08-04 of the North Dakota Century Code refers to the work performed by a county commissioner in discharging public duties. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a county commissioner may claim a

Date Issued: June 14, 1983 (AGO 83-23) Requested by: Jack Jansen, State Fire Marshal - QUESTION PRESENTED - Whether section 18-01-02 or 18-01-07 of the North Dakota Century Code, impose a primary duty on the State Fire Marshal to physically conduct investigations of the cause and origin of fires occurring in North Dakota. - ATTORNEY GENERAL'S OPINION - It is my opinion that neither section 18-01-02 nor section 18-01-07, N.D.C.C., impose a primary duty on the State Fire Marshal to physically conduct investigations of the cause and origin of fires occurring in North Dakota. - ANALYSIS - Sect

Date Issued: June 14, 1983 (AGO 83-22) Requested by: Duane R. Liffrig, State Highway Commissioner I. - QUESTIONS PRESENTED - Whether a finding of guilt on a traffic offense on which the imposition of sentence has been suspended pursuant to section 12-53-13 of the North Dakota Century Code constitutes a conviction under section 39-06-30, N.D.C.C. II. Whether any suspension or revocation of driving privileges may be imposed as a result of notice of conviction received after the ten-day reporting period set out in section 39-07-11, N.D.C.C. - ATTORNEY GENERAL'S OPINION - I. It is my opinion t

Office of the Attorney General State of North Dakota Opinion No. 83-21 Date Issued: May 25, 1983 Requested by: Secretary of State Ben Meier --QUESTION PRESENTED-- Whether a voter in need of assistance in voting may seek such assistance by any person of the voter's choice. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a voter in need of assistance in voting may seek such assistance by any person of the voter's choice as of January 1, 1984, so long as that person is not the voter's employer or agent of that employer or officer or agent of the voter's union. --ANALYSIS-- Current North

Date Issued: May 12, 1983 (AGO 83-20) Requested by: Dale Moug, Executive Director Department of Human Services - QUESTION PRESENTED - Whether the Department of Human Services has the authority to establish, by rule, a new method for use in determining each county's share of Aid to Families with Dependent Children and Medical Assistance program costs. - ATTORNEY GENERAL'S OPINION - It is my opinion that the Department of Human Services has the authority to establish, by rule, a new method for use in determining each county's share of Aid to Families with Dependent Children and Medical Ass

Date Issued: May 10, 1983 (AGO 83-19) Requested by: J. M. Vukelic, Hettinger County State's Attorney - QUESTION PRESENTED - Whether nonapproved private schools are eligible for the property tax exemption provided in of section 57-02-08(6) of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that nonapproved private schools are eligible for the property tax exemption provided for in of section 57-02-08(6), N.D.C.C. - ANALYSIS - Section 57-02-08(6), N.D.C.C., provides an exemption from taxation for: 57-02-08. PROPERTY EXEMPT FROM TAX

Date Issued: May 9, 1983 (AGO 83-18) Requested by: Glenn Dill, Kenmare City Attorney - QUESTION PRESENTED - Whether real property owned by a railroad and leased to a municipality and on which a grain elevator is constructed is a "project" within section 40-57-02 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that real property owned by a railroad and leased to a municipality and on which a grain elevator is constructed is a "project" within section 40-57-02, N.D.C.C. - ANALYSIS- Section 40-57-02, N.D.C.C., defines the term "project" as used in chapter 40-

May 3, 1983 Murray G. Sagsveen Special Assistant Attorney General P.O. Box 1695 Bismarck, ND 58502-1695 Dear Murray: Thank you for your letter of April 18, 1983, concerning rules the Board of Directors of the Garrison Diversion Conservancy District wish to adopt. I am in agreement with you that Chapter 28-32 of the North Dakota Century Code does not apply to the Garrison Diversion Conservancy District. Section 61-24-02, N.D.C.C., states, in part as follows: Such district

Date Issued: April 22, 1983 (AGO 83-17) Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a county may extend an interest-free loan to a rural fire district to cover a shortfall in the budget of that rural fire district. - ATTORNEY GENERAL'S OPINION - It is my opinion that a county may extend an interest-free loan to a rural fire district to cover a shortfall in the budget of that rural fire district. - ANALYSIS - Article X, Section 18 of the North Dakota Constitution provides: Section 18. The state, any county or city may make internal improvements

Date Issued: April 22, 1983 (AGO 83-15) (AMENDED OPINION) Requested by: Elmer Huber, Deputy Superintendent Department of Public Instruction - QUESTIONS PRESENTED - I. Whether there is a procedure for discontinuing the tax levy authorized by section 57-15-16 of the North Dakota Century Code when there has been no lease in effect with the state school construction fund. II. Whether there is any limitation upon a school board which does not make the levy prescribed by section 57-15-16, N.D.C.C., on an annual basis. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that there is a procedure

Date Issued: April 20, 1983 (AGO 83-16) Requested by: Glenn Dill, Kenmare City Attorney - QUESTION PRESENTED - Whether chapter 40-35 of the North Dakota Century Code requires an election to authorize the issuance and amount of revenue bonds to finance the construction of a sewage lagoon. - ATTORNEY GENERAL'S OPINION - It is my opinion that chapter 40-35, N.D.C.C., does not require an election to authorize the issuance and amount of revenue bonds to finance the construction of a sewage lagoon. - ANALYSIS - Under chapter 40-35, N.D.C.C., a municipality has the power to

N.D.A.G. Letter to Rohrich (Apr. 14, 1983) April 14, 1983 F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, North Dakota 58552 Dear Clem: I have reviewed the opinion you rendered to Mayor Borr of Strasburg, North Dakota, concerning whether one of the city council members, who was recently appointed by the county commissioners to be the County Director of Tax Equalization, would have a conflict of interest. I agree with your conclusion that a conflict of interest would exist when the County Director of Tax Equalization is also a member of a city council within that count

Date Issued: April 13, 1983 (AGO 83-15) Requested by: Elmer Huber, Deputy Superintendent Department of Public Instruction - QUESTIONS PRESENTED - I. Whether there is a procedure for discontinuing the tax levy authorized by section 57-15-16 of the North Dakota Century Code when there has been no lease in effect with the state school construction fund. II. Whether there is any limitation upon a school board which does not make the levy prescribed by section 57-15-16, N.D.C.C., on an annual basis. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that there is no procedure for discontinuin

Date Issued: April 8, 1983 (AGO 83-14) Requested by: Larry W. Schoenwald, State Representative - QUESTION PRESENTED - Whether it is unlawful for the Legislative Assembly to appropriate moneys from the Vietnam Veterans' Bonus Bond Sinking Fund before the bonds are retired and all accrued interest fully paid. - ATTORNEY GENERAL'S OPINION - It is my opinion that it is not unlawful for the Legislative Assembly to appropriate moneys from the Vietnam Veterans' Bonus Bond Sinking Fund before the bonds are retired and all accrued interest fully paid if such appropriations are only of moneys accu

Date Issued: March 28, 1983 (AGO 83-13) Requested by: Gail Hagerty, Burleigh County State's Attorney - QUESTION PRESENTED - Whether the clerk of county court may docket small claims court judgments under section 27-07.1-24 of the North Dakota Century Code. - ATTORNEY GENERAL'S OPINION - It is my opinion that a clerk of county court may not docket a small claims court judgment under section 27-07.1-24, N.D.C.C. - ANALYSIS - The docketing of small claims court judgments is governed by section 27-08.1-06 of the North Dakota Century Code, which states: 27-08.1-06. JUDGMENT UNSATISFIED - DOCK

N.D.A.G. Letter to Larson (March 11, 1983) March 11, 1983 Stuart A. Larson Traill County State's Attorney Box 188 Hillsboro, North Dakota 58045 Dear Stuart: Thank you for your letter of February 28, 1983. Although your letter does not so indicate, I am assuming that the question is whether the emergency fund provided for in Section 57-15-28 of the North Dakota Century Code may be utilized to pay for temporary manpower for the Sheriff's office. Section 57-15-28, N.D.C.C., specifies that the emergency fund: ". . . shall be used only for emergency purposes caused by the destruction or impairment

Date Issued: March 8, 1983 (AGO 83-12) Requested by: Robert G. Hoy, Cass County State's Attorney - QUESTION PRESENTED - Whether the county may pay a judge of a county court a salary which exceeds ninety percent of the salary being paid to district court judges on December 31, 1982, as additional compensation for administrative duties. - ATTORNEY GENERAL'S OPINION - It is my opinion that the county may not pay a judge of a county court a salary which exceeds ninety percent of the salary being paid district judges on December 31, 1982, as additional compensation for administrative duties. -

Date Issued: March 3, 1983 (AGO 83-11) Requested by: Senator Wayne Stenehjem - QUESTION PRESENTED - Whether chapter 54-40 of the North Dakota Century Code permits the State Tax Department to enter into an agreement with a municipality whereby the State Tax Department agrees to collect taxes on behalf of the municipality. - ATTORNEY GENERAL'S OPINION - It is my opinion that chapter 54-40, N.D.C.C., does not permit the State Tax Department to enter into an agreement with a municipality whereby the State Tax Department agrees to collect taxes on b

Date Issued: February 25, 1983 (AGO 83-10) Requested by: Ben Meier, Secretary of State - QUESTION PRESENTED - Whether partnerships or limited partnerships are prohibited by section 10-06-01 of the North Dakota Century Code, from engaging in farming or ranching or owning or leasing farm or ranch land in North Dakota. - ATTORNEY GENERAL' OPINION - It is my opinion that partnerships or limited partnerships are not prohibited by section 10-06-01, N.D.C.C., from engaging in farming or ranching or owning or leasing farm or ranch land in North Dakota as long as none of the partners is a corporati

Office of the Attorney General State of North Dakota Opinion No. 83-9 Date Issued: February 18, 1983 Requested by: Representative Steven J. Swiontek --QUESTION PRESENTED-- Whether newly passed Article VII of the North Dakota Constitution gives authority to county commissions to act on their own in the elimination of elected county offices. --ATTORNEY GENERAL'S OPINION-- It is my opinion that newly passed Article VII of the North Dakota Constitution does not give authority to county commissions to act on their own in the elimination of elected county offices. --ANALYSIS-- In the primary ele

Date Issued: February 2, 1983 (AGO 83-8) Requested by: Ben Meier, Secretary of State - QUESTION PRESENTED - Whether the Secretary of State may extend the filing date for the filing of an annual report by a corporation. - ATTORNEY GENERAL'S OPINION - It is my opinion that the Secretary of State may extend the filing date for the filing of an annual report by any corporation whenever in his discretion he considers such an extension of time advisable and proper. - ANALYSIS - Section 10-23-02 of the North Dakota Century Code states that annual reports

January 31, 1983 Brian D. Neugebauer Assistant City Attorney City of West Fargo 901 13th Avenue East P.O. Box 458 West Fargo, North Dakota 58078-0458 Dear Brian: Thank you for your letter of January 14, 1983, concerning the disclosure of juvenile law enforcement records. Before I answer your specific questions, allow me to respond to some of the general points in your letter. First of all, information contained in police reports are not automatically exempt from public inspection. North Dakota’s ope n records law states that all records of state agencies are open for public inspec

Date Issued: January 28, 1983 (AGO 83-7) Requested by: Honorable Brynhild Haugland, State Representative - QUESTION PRESENTED - Whether any provision of the Constitution of the State of North Dakota prohibits the change of the name of Minot State College or prohibits the use of the word "university" in the name of an institution of higher education located in a particular city as set forth in our Constitution. - ATTORNEY GENERAL'S OPINION - It is my opinion that no provision in the Constitution of the State of North Dakota prohibits the changing of the name of Minot State College nor is

Date Issued: January 28, 1983 (AGO 83-6) Requested by: Scott Engmann, Executive Secretary North Dakota Teachers' Fund for Retirement - QUESTION PRESENTED - Whether retirement assessments, as provided for in section 15-39.1-09 of the North Dakota Century Code, should be deducted from a payment for accumulated annual leave made to a fund member after separation from covered employment, normal retirement date, or postponed retirement date. - ATTORNEY GENERAL'S OPINION - It is my opinion that retirement assessments provided for in section 15-39.1-09, N.D.C.C., should not be deducted from a p

Date Issued: January 27, 1983 (AGO 83-5) Requested by: Tom P. Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether section 24-08-02.1 of the North Dakota Century Code requires a county to furnish and install, at its expense, all culverts required on a township road. - ATTORNEY GENERAL'S OPINION - It is my opinion that section 24-08-02.1, N.D.C.C., requires a county to furnish and install, at its expense, those culverts required on a township road which intersects an established drain. - ANALYSIS - Section 24-08-02.1, N.D.C.C., states: 24-08-02.1. COUNTY TO FURNISH AND PAY

Date Issued: January 25, 1983 (AGO 83-4) Requested by: Scott Engmann, Executive Secretary North Dakota Teachers' Fund for Retirement - QUESTION PRESENTED - Whether the restrictions contained in section 15-39.1-26 of the North Dakota Century Code permit the State Investment Board to invest Teachers' Fund for Retirement funds in equities. - ATTORNEY GENERAL'S OPINION - It is my opinion that the restrictions contained in section 15-39.1-26, N.D.C.C., do not permit the State Investment Board to invest Teachers' Fund for Retirement funds in equities. - ANALYSIS - Types of investments in which

Date Issued: January 21, 1983 (AGO 83-3) Requested by: Ronald C. Stastney, Assistant Superintendent Department of Public Instruction - QUESTION PRESENTED - Whether the Superintendent of Public Instruction has the legal authority to set the length of schooldays for North Dakota school districts? - ATTORNEY GENERAL'S OPINION - It is my opinion that the Superintendent of Public Instruction does have the legal authority to set the length of schooldays for North Dakota school districts. - ANALYSIS - Section 15-47-33 of the North Dakota Century Code requires all elementary

N.D.A.G. Letter to Wold (January 20, 1983) January 20, 1983 James W. Wold Griggs County State's Attorney R.R. 2, Box 49A Luverne, North Dakota 58056 Dear Jim: Thank you for your letter dated December 28, 1982. It is my opinion that a board of county commissioners cannot expend emergency funds pursuant to Section 57-15-28 of the North Dakota Century Code for the repair of a county bridge without first having made the determination that the bridge damage was incurred from natural causes. Section 57-15-28, N.D.C.C., provides, in part: . . .The emergency fund shall not be used for any road constr

Date Issued: January 7, 1983 (AGO 83-2) Requested by: Jan Dykshoorn, State Senator - QUESTION PRESENTED - Whether a nonprofit chamber of commerce of a city in this state is eligible to receive gaming funds from an eligible, licensed gaming organization. - ATTORNEY GENERAL'S OPINION - It is my opinion that a nonprofit chamber of commerce is not eligible to receive funds from an eligible, licensed gaming organization for its own use, but may receive gaming funds given for a specific purpose if that purpose qualifies as an eligible use under section 53-06.1-01(6) of the North Dakota Century C