North Dakota AG Opinions, 1985

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

N.D.A.G. Letter to Neugebauer (Aug. 2, 1985) August 2, 1985 Mr. Brian D. Neugebauer West Fargo City Attorney P.O. Box 458 West Fargo, ND 58078-0458 Dear Brian: Thank you for your letter of July 10, 1985, concerning N.D.C.C. § 40-11-06 and its requirement for publication of ordinances which impose "any penalty, fine, imprisonment, or forfeiture for a violation of its provisions . . . ." According to your letter, you question whether an ordinance which contains no criminal penalty but does include provisions on the suspension or revocation of a license or franchise upon a violation of its

N.D.A.G. Letter to Larson (Aug. 2, 1985) August 2, 1985 Mr. Bruce Larson, Registrar Motor Vehicle Department State Capitol Grounds Bismarck, North Dakota 58505-0176 Dear Mr. Larson: Thank you for your letter of July 18, 1985, in which you requested this office to review N.D.C.C. § 39-22-02 and to advise you on writing rules and regulations defining the use of dealer plates under N.D.C.C. §39-22-02. In your letter you ask us to review N.D.C.C. §39-22-02, particularly the sentence, "such number plates may be used on any vehicle owned by the dealership and used in the direct functions of

N.D.A.G. Letter to Kiser (Aug. 2, 1985) August 2, 1985 Mr. Keith W. Kiser Administrative Officer Department of Veterans Affairs P.O. Box 1287 1017 4th Avenue North Fargo, ND 58107 Dear Mr. Kiser: Thank you for your letter of July 24, 1985, requesting assistance in the administration of loans from the Veterans' Aid Fund. Simply put, N.D.C.C. §§ 37-14-06 and 37-14-07 provide for loans from the Veterans' Aid Fund to qualified veterans where the veterans and the Department of Veterans Affairs are able to execute an agreement indicating that within a period of two years from the date of t

N.D.A.G. Letter to Elhard (Aug. 2, 1985) August 2, 1985 Mr. Terry W. Elhard McIntosh County State's Attorney P.O. Box 248 Ashley, ND 58413 Dear Mr. Elhard: Thank you for your letter of July 24, 1985, requesting an opinion as to the political activity of a deputy sheriff seeking candidacy for elective office. North Dakota law as found in N.D.C.C. § 44-08-19 prohibits public employees from engaging in political activities while on duty or in uniform. However, this statute specifically allows such employees to seek elective office so long as such political activity is not performed while

N.D.A.G. Letter to Elhard (Aug. 2, 1985) August 2, 1985 Mr. Terry W. Elhard McIntosh County State's Attorney P.O. Box 248 Ashley, ND 58413 Dear Mr. Elhard: Thank you for your letter of July 24, 1985, concerning residency for purposes of attending school in North Dakota. Unfortunately, the rules and regulations concerning residency are not clear and distinct. Indeed, our North Dakota Supreme Court has indicated that the residence of a party is a question of fact rather than of law and is determined primarily through the intention of the party in question. Wehrung v. Ideal School Distr

N.D.A.G. Letter to Kretschmar (Aug. 1, 1985) August 1, 1985 Mr. William E. Kretschmar Ashley City Attorney P.O. Box 46 Ashley, ND 58413 Dear Mr. Kretschmar: Thank you for your letter of July 9, 1985, wherein you inquire whether a restaurant could qualify as a new industry that is eligible for an exemption from property taxation pursuant to the provisions of N.D.C.C. Ch. 40-57.1. Enclosed for your review is a copy of the 1976 N.D. Op. Att'y Gen. 181 which concluded that service businesses, including restaurants, do not qualify for a new industry tax exemption. For the following reasons

N.D.A.G. Letter to Bopp (Aug. 1, 1985) August 1, 1985 Mr. Lyle R. Bopp Sargent County State's Attorney Box 3 Main Street Forman, ND 58032 RE: Request for an Attorney General's Opinion concerning N.D.C.C. § 57-02-08-(15) Dear Mr. Bopp: Thank you for your letter of June 10, 1985. Wherein, you asked: 1. Whether a seed plant owned by a farmer that obtains grain from commercial sources and other farmers is exempt from local property taxes pursuant to N.D.C.C. § 57-02-08(15). 2. If the property is taxable, whether the property should be taxed pro rata based upon t

Date Issued: August 1, 1985 (AGO 85-27) Requested by: Honorable Philip Dolyniuk Mayor, City of Belfield - QUESTION PRESENTED - Whether money in a special assessment fund for a street improvement district may be either transferred to the city's general fund or refunded to property owners in the special assessment district if a surplus exists after a city has retired refunding improvement bonds for a street improvement district. - ATTORNEY GENERAL'S OPINION - It is my

N.D.A.G. Letter to Sperry (July 31, 1985) July 31, 1985 Mr. James E. Sperry Superintendent State Historical Society of North Dakota North Dakota Heritage Center Bismarck, ND 58505 Dear Mr. Sperry: Thank you for your letter of June 19, 1985, regarding the establishment of a membership group in the State Historical Society of North Dakota governed by the State Historical Board. The first question which you present in your letter is whether private citizens can be enlisted as members of the State Historical Society of North Dakota by policy established by the State Historical Board unde

N.D.A.G. Letter to Alexander (July 29, 1985) July 29, 1985 Mr. Robert E. Alexander City Attorney City of Beulah P. O. Box 249 Beulah, North Dakota 58523 Dear Mr. Alexander: Thank you for your letter of July 3, 1985, requesting clarification as to several apparently conflicting state statutes discussing the situation where a member of a city governing body has an interest in the contract with that particular city. This question has occurred several times in the past. I have enclosed several past letters of this office which interpret these statutes so as to eliminate any apparent confl

Date Issued: July 24, 1985 (AGO 85-26) Requested by: Evan E. Lips State Senator - QUESTION PRESENTED - Whether a city or county governing body may pass an ordinance or resolution establishing a percentage of gaming proceeds which must be donated to eligible uses within the jurisdiction of the city or county governing body. - ATTORNEY GENERAL'S OPINION - It is my opinion that a city or county governing body may not pass an ordinance or resolution establishing a

N.D.A.G. Letter to McClure (July 22, 1985) July 22, 1985 Mr. Brian C. McClure, Director Central Personnel Division State Capitol Bismarck, North Dakota 58505 RE: Marty F. Johnson Dear Mr. McClure: Thank you for your letter of May 30, 1985. On behalf of the North Dakota State Personnel Board, you have directed questions to me concerning the status of North Dakota Air National Guard Employees engaged in fire protection security services at Hector Field in Fargo, North Dakota, under the Central Personnel System rules, regulations, and policies and N.D.C.C. § 54-44.3-20. I have had an op

N.D.A.G. Letter to Johnson (July 22, 1985) July 22, 1985 Honorable Harvey Johnson City Mayor Maddock, North Dakota 58348 Dear Mayor Johnson: Thank you for your letter of July 9, 1985, requesting, on behalf of your city attorney, an opinion as to the determination of a quorum for purposes of conducting business of the Maddock City Council. I have read the letter sent to Mayville City Attorney Gerald Engelman of June 19, 1984. I have also read an earlier letter to Mr. Engelman dated April 25, 1984. I have enclosed a copy of the latter letter for your review. Based upon the current statute

N.D.A.G. Letter to Stormon (July 15, 1985) July 15, 1985 Mr. J. Howard Stormon City Attorney Stormon Law Office P.O. Box 159 124 Main Avenue East Rolla, ND 58367 Dear Mr. Stormon: Thank you for your letter of May 17, 1985. You have inquired as to whether or not indigent defendant's attorney's fees are includable as costs of prosecution pursuant to a Dunseith City Ordinance No. 2.0108 which reads as follows: COSTS OF PROSECUTION. In every case of conviction of a violation of any ordinance, or any part thereof, the cost of prosecution shall be assessed against th

N.D.A.G. Letter to Wilkes (July 11, 1985) July 11, 1985 Mr. Richard C. Wilkes Assistant State's Attorney Peterson & Wilkes P.O. Box 39 Bowbells, ND 58721 Dear Mr. Wilkes: Thank you for your letter of July 3, 1985, concerning an interpretation of events surrounding a record in the possession of the Burke County Weed Control Officer. Although your letter does not state as such, we assume you are writing in your capacity as the Assistant State's Attorney for Burke County. The essence of your letter is whether a particular record in the possession of the Burke Co

N.D.A.G. Letter to Thompson (July 11, 1985) July 11, 1985 Mr. Maury C. Thompson Sioux County State's Attorney Sioux County Courthouse Fort Yates, ND 58538 Dear Mr. Thompson: Thank you for your letter of July 3, 1985, concerning a dilemma currently facing the Sioux County Board of County Commissioners as to the manner in which the official newspaper shall be replaced given the demise of the Dakota Sun newspaper. North Dakota law, N.D.C.C. § 46-05-01, provides three legal requirements which must be satisfied by any newspaper prior to its publishing official notices on behalf of a pol

N.D.A.G. Letter to Jones (July 11, 1985) July 11, 1985 Mr. Wayne P. Jones Ransom County State's Attorney Ransom County Courthouse Lisbon, ND 58054 Dear Mr. Jones: Thank you for your letter of May 24, 1985, in which you asked whether a public school district must provide two-way transportation for kindergarten students when kindergarten is offered by the school district for half days. I have reviewed the correspondence which you have provided to me, and it indicates that an additional issue is whether this transportation must be provided mid-day when kindergarten class apparently ends.

Date Issued: July 11, 1985 (AGO 85-25) Requested by: Howard D. Swanson Assistant Grand Forks City Attorney - QUESTION PRESENTED - Whether 1985 N.D. S.L. 625 relating to marketable title of real estate acquired by a city after tax deed proceedings, is effective with regard to property acquired by a city prior to the legislation's July 1, 1985, effective date. - ATTORNEY GENERAL'S OPINION - It is my opinion that 1985 N.D. S.L. 625 relating to marketable title of

N.D.A.G. Letter to Murphy (July 10, 1985) July 10, 1985 Honorable Jack Murphy North Dakota State Representative District 36 Killdeer, ND 58640 Dear Representative Murphy: Thank you for your letter of May 20, 1985, making an inquiry as to whether an individual or organization may construct or maintain a highway on the public easement located on the section line. The question you asked has been addressed by our Supreme Court in Zueger v. Boehm , 164 N.W.2d 901 (N.D. 1969). The question before the Court in that case was identical to the question that you have asked me. In Zueger , th

N.D.A.G. Letter to Ewing (July 10, 1985) July 10, 1985 Mr. Thomas Ewing Dodge City Attorney Ewing Law Office 40 First Avenue West Dickinson, ND 58601 Dear Mr. Ewing: Thank you for your letter of June 20, 1985, posing several questions as to the authority of a city to adopt a criminal code and requesting a review of a suspicious advertising scheme. With respect to the authority of a city to adopt N.D.C.C. Title 12.1 as its own city ordinance, one must recall the established case law holding that cities are mere agencies of the state and have only those powers expressly conferred upon t

N.D.A.G. Letter to Brovold (July 10, 1985) July 10, 1985 Mr. Jay V. Brovold Billings County State's Attorney P. O. Box 187 Medora, North Dakota 58645 Dear Mr. Brovold: Thank you for your letter of July 1, 1985, inquiring as to the ability of a board of county commissioners to vote its members a salary increase. North Dakota law, N.D.C.C. § 11-10-10(5), provides that each county commissioner may receive an annual salary or per diem as provided by resolution of the board subject to a maximum amount. The current maximum amount a commissioner may receive is $7,500.00. 1

N.D.A.G. Letter to Tebelius (July 8, 1985) July 8, 1985 Mr. Mark A. Tebelius Tebelius Law Firm Harvey City Attorney 1012 Lincoln Avenue Harvey, ND 58341 Dear Mr. Tebelius: Thank you for your letter of June 20, 1985, concerning questions as to the authority to establish a park in a city which has created a municipal park district and whether title to the parks of the city should be transferred to such a district upon its establishment. According to your letter, you have advised the Harvey City Council that the Park District Commissioners have the sole and exclusive authority to establis

N.D.A.G. Letter to Schnell (July 8, 1985) July 8, 1985 Mr. Richard L. Schnell Morton County State's Attorney 210 2nd Avenue N.W. P.O. Box 190 Mandan, North Dakota 58554 Dear Mr. Schnell: Thank you for your letter of May 9, 1985, inquiring as to the obligation of a county to provide legal representation to county officials. Your letter also asks us to determine whether a Morton County judge was acting in his official capacity in a recent dispute with the Morton County Board of County Commissioners. As to your first question concerning the obligation of a county to

N.D.A.G. Letter to Furuseth (July 8, 1985) July 8, 1985 Mr. Peter H. Furuseth Assistant City Attorney P. O. Box 1306 Williston, North Dakota 58801 Dear Mr. Furuseth: Thank you for your letter of June 17, 1985, concerning the authority of a non-home rule city to establish fees for violations of municipal speed limit ordinances where the fees exceed the amount provided in the North Dakota Century Code. As you note in your letter, this question was addressed in a prior Attorney General's opinion (1982 N.D. Op. Att'y Gen. 188). This particular opinion concluded that a nonhome rule city may

N.D.A.G. Letter to Person (July 1, 1985) July 1, 1985 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 316 North 5th Street P.O. Box 1214 Bismarck, ND 58502 Dear Alan: Thank you for your letter of June 4, 1984, concerning the request of Orville W. Hagen for retirement service credit for the two years that he served as Lieutenant Governor in 1961 and 1962. The essence of your letter is whether the Lieutenant Governor for the State of North Dakota is considered a full-time position. The North Dakota Constitution and applicable statutes are not clearl

N.D.A.G. Letter to Meier (June 19, 1985) June 19, 1985 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of May 22, 1985, regarding whether state political subdivisions are subject to the licensing requirements of the Charitable Organizations Soliciting Contributions Act of N.D.C.C. Ch. 50-22. Charitable organizations subject to the charitable solicitation licensing requirements are listed in N.D.C.C. §50-22-01 which provides in part: 50-22-01. DEFINITIONS. As used in this chapter unless the cont