North Dakota AG Opinions, 1990

N.D.A.G. Letter to Mushik (Aug. 15, 1990) August 15, 1990 Honorable Corliss Mushik State Senator P.O. Box 188 Mandan, ND 58554 Dear Senator Mushik: Thank you for your letter of June 7, 1990, requesting an Attorney General's opinion relating to transportation in the reorganized Mandan Public School District No. 1. First you ask whether the school board of a reorganized school district is bound by the provisions of an adopted reorganization proposal relating to the transportation of students by the school district beyond the five-year time period specified in N.D.C.C. § 15-27.3-20. "A re

N.D.A.G. Letter to Jones (Aug. 15, 1990) August 15, 1990 Mr. Lloyd Jones Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Mr. Jones: Thank you for your May 23, 1990, letter requesting guidance with the interpretation of N.D.C.C. § 20.1-03-11(3). You asked whether that statute limits issuance of gratis hunting licenses to one license per tract of land and if so, you requested advice on how the Game and Fish Department could decide whether to issue a license to the land owner or the lessee. N.D.C.C. § 20.1-03-11(3) provides: "

N.D.A.G. Letter to Enget (Aug. 15, 1990) August 15, 1990 Mr. Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your April 25, 1990, letter concerning billing and collection services provided by local exchange companies in North Dakota. I apologize for the delay in responding. As you noted in your letter, the Public Service Commission addressed related issues in its order in Case No. 10,883, dated March 16, 1988. Case No. 10,883 was an application by Northwestern Bell Telephone Company (now doing business as US

N.D.A.G. Letter to Aas (Aug. 15, 1990) August 15, 1990 Honorable Lynn A. Aas State Representative District 5 1504 10th Avenue SW Minot, ND 58701 Dear Representative Aas: Thank you for your April 21, 1990, letter requesting my opinion on several issues concerning the implications of repossession or foreclosure of a liquor licensee and the applicability of N.D. Admin. Code § 84-02-01-11 to those situations. N.D.C.C. § 5-02-01 provides, Except as otherwise provided in 5-02-01.1, any person engaging in the sale of alcoholic beverages at retail without first securing an appropriate l

N.D.A.G. Letter to Peterson (Aug. 9, 1990) August 9, 1990 Jeffrey Peterson Burke County State's Attorney P. O. Box 39 Bowbells, ND 58721-0039 Dear Mr. Peterson: Thank you for your March 20, 1990 letter requesting my opinion regarding whether the United States Fish and Wildlife Service could purchase property pursuant to the Migratory Bird Conservation Act without complying with N.D.C.C. § 20.1-02-18.1. I apologize for the delay in responding. In your letter you explained that the Fish and Wildlife Service recently purchased some land that was included in Executive Order #7171. Executi

N.D.A.G. Letter to Slorby (Aug. 6, 1990) August 6, 1990 Mr. Tom P. Slorby Ward County State's Attorney County of Ward Minot ND 58701 Dear Mr. Slorby: Thank you for your May 11, 1990, letter requesting my opinion whether a county may receive sealed bids once each year based upon a unit price for each different type of work. N.D.C.C. § 24-05-04 requires the board of county commissioners to advertise for bids for contracts for highway improvements if the cost is estimated to exceed $15,000. If the proposed contract involves a bridge project exceeding $400 the project must be placed out on

N.D.A.G. Letter to Mehrer (Aug. 6, 1990) August 6, 1990 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 July 12, 1990, inquiring about the provisions of N.D.C.C. § 40-01-08, which states that "[n]o person may remove a building from any lot or tract of land in any municipality, unless it is assessed as personal or exempt from taxation, until after the taxes and special assessments then due have been paid, . . ." Specifically, you wish to know whether the word "person" in the above-quoted provision includes

N.D.A.G. Letter to Huseby (Aug. 6, 1990) August 6, 1990 Ms. Robin Huseby State's Attorney Barnes County Courthouse Valley City, ND 58072 Dear Ms. Huseby: Thank you for your letter of May 18, 1990, regarding whether N.D.C.C. § 29-26-22.1 precludes a district court clerk from filing a federal criminal judgment as a lien against a judgment debtor residing in the county. Your district court clerk received a criminal judgment from the United States District Court that required the judgment debtor to pay restitution. The federal court requested that this judgment be filed as a lien against

N.D.A.G. Letter to Naaden (July 27, 1990) July 27, 1990 Honorable L. L. Naaden North Dakota State Senator District 30 P.O. Box 153 Braddock, ND 58524 Dear Senator Naaden: Thank you for your June 1, 1990, letter requesting my opinion concerning restoring allotted funds to administrative agencies. You indicate that the general fund revenue collections are running approximately $29 million ahead of earlier projections. Your first question is whether Governor Sinner can now restore these funds on an equal basis to those appropriations that were allotted. Your second question is whether the

N.D.A.G. Letter to Whitman (July 25, 1990) July 25, 1990 Mr. Charles Whitman City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your June 25, 1990, letter concerning petitions asking that a job development authority created pursuant to N.D.C.C. ch. 40-57.4 be discontinued. Your first question is whether the city commission may call a special election to decide the issue. I agree with your conclusion on this question. N.D.C.C. § 40-57.4-01 provides in unambiguous terms that the question of discontinuing the authority must be placed o

N.D.A.G. Letter to Ness (July 25, 1990) July 25, 1990 Mr. Gary R. Ness Director Aeronautics Commission P.O. Box 5020 Bismarck, ND 58502 Dear Mr. Ness: Thank you for your July 13, 1990, letter concerning the relation between a municipal airport authority and a home rule city. Your first question is whether any of the mill levy collected for airport purposes can be used for non-airport purposes. N.D.C.C. § 2-06-07 states that upon creation of a municipal airport authority, the authority has "the power to certify, annually to the governing bod[y] which

Overruled, see N.D.A.G. 2002-L-31, N.D.A.G. 2002-L-70 N.D.A.G. Letter to Manbeck (July 25, 1990) July 25, 1990 Mr. Douglas Manbeck Nelson County State's Attorney P.O. Box 428 Lakota, ND 58344 Dear Mr. Manbeck: Thank you for your July 5, 1990, letter addressing several issues. The copies of the letter opinions mentioned in your letter are enclosed for your review. Your first question concerns primary elections and the ability to obtain a recount. N.D.C.C. § 16.1-16-01 describes those instances when an election recount is available to a candidate. Specifically,

N.D.A.G. Letter to Duppler (July 23, 1990) July 23, 1990 Mr. Alan Duppler Mercer County State's Attorney Stanton ND 58571 Dear Mr. Duppler: Thank you for you June 29, 1990, letter inquiring as to the scope of the term "volunteer fireman" as used in N.D.C.C. ch. 65-06. The term "volunteer fireman" is defined by N.D.C.C. § 65-06-01 to refer to an active member of an organized volunteer fire department of this state and any other person performing services as a volunteer fireman for a municipality at the request of someone in command of a fire department. Your letter asks whether persons p

N.D.A.G. Letter to Tebelius (July 12, 1990) July 12, 1990 Mr. Mark A. Tebelius Harvey City Attorney 1012 Lincoln Avenue Harvey, ND 58341-1595 Dear Mr. Tebelius: Thank you for your July 3, 1990, letter concerning the ability of the city to enact by ordinance a preference in awarding contracts for city residents. A city, as a political subdivision possesses and exercises only those powers provided to it by law. N.D. Const. art. VII, § 2. A city is an agency and creature of the state and has no powers except those provided to it by the Legislature. Fetzer v. Minot Park District, 138 N

N.D.A.G. Letter to Odegard (July 12, 1990) July 12, 1990 Mr. James T. Odegard Grand Forks County State's Attorney P.O. Box 607 Grand Forks, ND 58206-0607 Dear Mr. Odegard: Thank you for your June 14, 1990, letter concerning whether the Grand Forks County Historical Society is bound by the Veterans' Preference Law as set out in N.D.C.C. ch. 37-19.1. Under North Dakota law, governmental agencies must grant employment preference to veterans who are state residents. N.D.C.C. § 37-19.1-02. A "governmental agency" is defined, in relevant part, as "all political subdivisions

N.D.A.G. Letter to Carlson (July 12, 1990) July 12, 1990 Honorable Sarah Carlson State Representative 1324 2nd Avenue North Grand Forks, ND 58203 Dear Representative Carlson: Thank you for your April 27, 1990, letter to Assistant Attorney General Steven Noack. My staff tells me that you intended to request my opinion of the applicability of the requirement under N.D.C.C. § 48-02-02 for a licensed architect to asbestos abatement, reroofing projects, and all types of remodeling. N.D.C.C. § 48-02-02 provides that when the "total estimated cost of all work invol

N.D.A.G. Letter to Ward County (June 26, 1990) June 26, 1990 Ward County Commissioners Ward County Courthouse Minot, ND 58702-5005 Dear Commissioners: Your recent letter to Governor George Sinner concerning extradition expenses has been referred by Governor Sinner for my response. The extradition expense appropriation was transferred from the Governor's office to this office by the Legislative Assembly. In past years, the Legislative Assembly has greatly underfunded this appropriation and has relied upon the Emergency Commission to authorize the expenditure of additional funds to meet t

N.D.A.G. Letter to Tracy (June 26, 1990) June 26, 1990 Ms. Helen Tracy Executive Director Workers Compensation Bureau Russel Building Hwy. 83 North Bismarck, ND 58501 Dear Ms. Tracy: Thank you for your June 6, 1990, letter questioning the validity of a contingent fee agreement between a private attorney and a Worker's Compensation claimant. In your letter you ask whether such agreements are valid when the attorney also seeks legal costs from the Bureau pursuant to N.D.C.C. § 65-02-08. The following sentence from N.D.C.C. § 65-02-08 responds to your questions: "[n]othing provided here

N.D.A.G. Letter to Slorby (June 26, 1990) June 26, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 RE: Designated Driver Awards Dear Tom: Thank you for your June 18, 1990, letter in which you have inquired as to whether the designated driver awards proposed for implementation in liquor establishments may violate the gambling laws of North Dakota. N.D.C.C. § 12.1-28-01 sets for the definition of "gambling". The essence of this definition is that gambling requires consideration, chance, and prize. If all three elements are not present in a tran

N.D.A.G. Letter to Kropp (June 26, 1990) June 26, 1990 Mr. Lawrence P. Kropp Attorney at Law 105 Tenth Street SE Jamestown, ND 58401 Dear Mr. Kropp: On June 12, 1990, you wrote regarding the action of the governing board of the South Central Child Support Enforcement Unit recently taken with respect to the lease of office space for that unit. I understand that you have posed this question as an assistant state's attorney for the various counties involved in the South Central Child Support Enforcement Unit, and thus as attorney for that governing board. The action in question co

N.D.A.G. Letter to Tennefos (Jun e 21, 1990) June 21, 1990 Honorable Jens Tennefos State Senator 714 l9th Avenue South Fargo, ND 58103 Dear Senator Tennefos: Thank you for your March 27, 1990, letter requesting an opinion on the constitutionality of N.D.C.C. § 26.1-25-16. This statute prohibits the rebating of the premium for any insurance policy except as in accordance with N.D.C.C. ch. 26.1-25. I delayed responding to you earlier because it came to my attention in late March that the Commissioner of Insurance was engaged in an exhaustive investigation of possi

N.D.A.G. Letter to Ratcliffe (June 19, 1990) June 19, 1990 Ms. Phyllis A. Ratcliffe Grant County State's Attorney Grant County Courthouse Carson, ND 58529 Dear Ms. Ratcliffe: Thank you for your June 14, 1990, letter inquiring of the possible ramifications to the city of Flasher should it decide to repeal its current building, fire, plumbing, and the electrical codes. Your first question is whether the repeal of the city ordinances concerning building, electrical, plumbing, and fire codes will subject the city to liability for the failure to provide for such standards. Authority is prov

N.D.A.G. Letter to LaDuke (June 6, 1990) June 6, 1990 Mr. Joe LaDuke Executive Director North Dakota Racing Commission Office of Attorney General State Capitol Bismarck, ND 58505 Dear Mr. LaDuke: Thank you for your May 10, 1990, letter concerning whether the North Dakota Racing Commission has authority to modify, by rule or agreement, the betting takeout percentages set forth in N.D.C.C. § 53-06.2-11(1) and (2). N.D.C.C. § 53-06.2-11(1) requires that twenty percent of the aggregate amount of the win, place, and show parimutuel pool be deducted for retention as e

N.D.A.G. Letter to Mehrer (June 5, 1990) June 5, 1990 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 May 24, 1990, wherein you inquire whether buildings or improvements used in a beekeeping enterprise are exempt from ad valorem taxation under N.D.C.C. § 57-02-08(15). For the following reasons, it is my opinion that buildings and improvements used in a beekeeping enterprise, excluding the processing of honey, are exempt under N.D.C.C. § 57-02-08(15). N.D.C.C. § 57-02-08(15)(a) exempts from ad valorem taxa

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-15 Date issued: June 5, 1990 Requested by: Lyle G. Witham McHenry County State's Attorney - QUESTION PRESENTED - Whether, for the purpose of the ad valorem tax exemption for a farm residence, net income from farming activities always includes payments received by a farmer under the Conservation Reserve Program (CRP). - ATTORNEY GENERAL'S OPINION - It is my opinion that for the purposes of the ad valorem tax exemp

N.D.A.G. Letter to Engmann (June 4, 1990) June 4, 1990 Mr. Scott Engmann Executive Director North Dakota Retirement Investment Office P.O. Box 7100 Bismarck, ND 58502 Dear Mr. Engmann: Thank you for your March 26, 1990, letter. You raise a question as to whether a fraud has been committed against the Teachers' Fund for Retirement (the "Fund"). Whether fraud has actually been committed against the Fund is a question of fact. While I cannot answer that question, I can refer you to the applicable law. In the particular case you describe, both N.D.C.C. §§ 15-39.1-04 and 15-39.1-29 have a

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-14 Date issued: June 4, 1990 Requested by: Merle A. Torkelson McLean County State's Attorney - QUESTIONS PRESENTED - I. Whether a clerk of court must issue an income withholding order with respect to each judgment or order that requires a payment of child support when the court has not made a finding regarding income withholding and the parties' agreement does not provide an assurance of payment beyond requiring

N.D.A.G. Letter to Wold (May 31, 1990) May 31, 1990 Mr. James W. Wold Griggs County State's Attorney P.O. Box 628 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of April 20, 1990, wherein you request my opinion as to the meaning of the word "retired" as used for the purpose of the farm residence property tax exemption under N.D.C.C. § 57-02-08(15). N.D.C.C. § 57-02-08(15) exempts from ad valorem taxation all farm structures and improvements, including farm residences, which are located on agricultural lands. The exemption for a farm residence must be strictly

N.D.A.G. Letter to Hanson (May 31, 1990) May 31, 1990 Honorable Robert E. Hanson State Treasurer State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your October 18, 1989, letter inquiring whether interest earned on special funds held by the state inures to the benefit of the respective special fund or the general fund. I apologize for the delay in responding to your request. N.D. Const. art. X, § 12(l) provides, in relevant part: All public moneys, from whatever source derived, shall be paid over monthly by the public official, employee, agent

N.D.A.G. Letter to Witham (May 30, 1990) May 30, 1990 Mr. Lyle G. Witham McHenry County State's Attorney P.0. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your April 5, 1990, letter asking for my response to several questions regarding the property tax exemption for a farm residence and the maximum mill levy limitations for a school district. My response to your questions has been divided into two parts by subject. Because the property tax exemption for a farm residence involves significant public law issues with statewide application, my response regarding this exemption wi

N.D.A.G. Letter to Omdahl (May 29, 1990) May 29, 1990 Lt. Governor Lloyd B. Omdahl Chairman State Investment Board P.O. Box 7100 Bismarck, ND 58502-7100 Dear Lt. Governor Omdahl: Thank you for your March 5, 1990, letter in which you ask me to address three questions relating to the fiduciary responsibilities of the North Dakota State Investment Board (Board). Your questions are: 1. What is the fiduciary responsibility of the Board with respect to the funds listed in N.D.C.C. § 21-10-06? 2. Assuming that the Board has the primary fiduciary responsibility with respect to each of th

N.D.A.G. Letter to Sinner (May 22, 1990) May 22, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: Thank you for your May 8, 1990, letter requesting my reconsideration of N.D. Op. Att'y Gen. 90-07. I have had my staff review the opinion and further research the issues. Their research essentially confirmed the original opinion. As you stated in your May 8, 1990, letter to Ms. Martin-Kekahbah, my opinion recognized that the Tribe is, in most cases, viewed as an independent sovereign able to regulate its own activiti

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-07 Date issued: May 22, 1990 Requested by: Dr. Robert M. Wentz State Health Officer - QUESTIONS PRESENTED - I. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must receive a certificate of need from the State of North Dakota to establish a nursing home lawfully on the Turtle Mountain Reservation. II. Whether the Tribal Council of the Turtle Mountain Band of Chippewas must comply with North Dakot

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-13 Date issued: May 21, 1990 Requested by: Public Service Commission - QUESTIONS PRESENTED - I. Whether the Public Service Commission (PSC) may adjust a performance bond amount using the cost estimated for reclamation work yet to be performed, in addition to the percentage release procedure of N.D.C.C. ' 38-14.1-17(7). II. Whether public notice of a bond adjustment is required. - ATTORNEY GENERAL'S OPINION - I. It is my

N.D.A.G. Letter to Reichert (May 17, 1990) May 17, 1990 Mr. Ronald A. Reichert Medora City Attorney P.O. Drawer K Dickinson, ND 58602-8305 RE: N.D.C.C. § 5-02-05.1 Dear Mr. Reichert: Thank you for your May 8, 1990, letter in which you have presented several questions concerning the application of N.D.C.C. § 5-02-05.1 which authorizes the issuance of a special Sunday event alcoholic beverage permit. You have stated that a Medora bar owner has requested the issuance of a permit to allow his bar to remain open for all Sundays during the summertime season. You have inquired as to the stan

N.D.A.G. Letter to Malberg (May 17, 1990) May 17, 1990 Mr. John A. Malmberg Executive Vice President Bank of North Dakota Box 5509 Bismarck, ND 58502-5509 Dear Mr. Malmberg: Thank you for your December 28, 1989, letter which requests my opinion as to whether certain employees may receive annual and sick leave benefits. Five full-time temporary positions have been hired to service PLUS/SLS loans. The Bank will eventually put an automated system into place to service these loans. Until then, these full-time temporary positions will be required. In an effort to avoi

N.D.A.G. Letter to Stadter (May 16, 1990) May 16, 1990 Ms. Winnie Stadter Chair Committee on Protection and Advocacy Protection and Advocacy Project State Capitol Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0430 Dear Ms. Stadter: Thank you for your April 23, 1990, letter requesting my opinion regarding conflict of interest situations encountered by the Protection and Advocacy Project. N.D.C.C. § 25-01.3-09 is the conflict of interest statute and provides as follows: Conflict of interest. In any situation in which the project is representing, or h

N.D.A.G. Letter to Stadter (May 16, 1990) May 16, 1990 Ms. Winnie Stadter Chair Committee on Protection and Advocacy Protection and Advocacy Project State Capitol Judicial Wing 600 East Boulevard Avenue Bismarck, ND 58505-0430 Dear Ms. Stadter: Thank you for your April 23, 1990, letter requesting my opinion regarding conflict of interest situations encountered by the Protection and Advocacy Project. N.D.C.C. § 25-01.3-09 is the conflict of interest statute and provides as follows: Conflict of interest. In any situation in which the project is representing, or h

N.D.A.G. Letter to Selinger (May 16, 1990) May 16, 1990 Mr. Bruce A. Selinger Slope County State's Attorney P.O. Box 1173 Dickinson, ND 58602 Dear Mr. Selinger: Thank you for your April 17, 1990, letter concerning county judges. Your first question is whether a multicounty agreement to share the services of a county judge may stipulate that the multicounty judge must be a resident of one of the counties to the agreement. In 1981, the North Dakota Legislature enacted N.D.C.C. § 27-07.1-02 which allowed counties to agree to share the services of a single county judge. 1981 N.D. Sess. La

N.D.A.G. Letter to O’Connell (May 16, 1990) May 16, 1990 Senator David O'Connell District 6 Route 1, Box 78 Lansford, ND 58750 Dear Senator O'Connell: Thank you for your letter of March 8, 1990, regarding the disbursement of state tuition apportionment payments to the Minot Public School District and the Grand Forks Public School District. Based on your telephone conversation of May 2, 1990, with a member of my staff it appears that you are concerned about two major issues. Your first concern is whether the Superintendent of Public Instruction (hereinafter Superintendent) a

N.D.A.G. Letter to Collins (May 16, 1990) May 16, 1990 Mr. Sparb Collins Executive Director North Dakota Public Employees Retirement System Box 1214 Bismarck, ND 58502 Dear Mr. Collins: Thank you for your April 10, 1990, letter in which you requested my opinion on two questions concerning the flexible spending account. Your first question concerns whether it would be a donation in violation of N.D. Const. art. X, § 18, if PERS reimbursed an employee for medical expenses incurred in excess of the amount contributed by the employee to his or her Flexible Spending Account (“FLS") if the

N.D.A.G. Letter to Sinner (May 15, 1990) May 15, 1990 Honorable George A. Sinner Governor State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Governor Sinner: I have reviewed the documents you submitted to me concerning the Casselton Ambulance Service's concerns with communicable disease notification. The Casselton Ambulance Service raises these concerns because Fargo area hospitals will not provide them with knowledge of a patient's disease. The Casselton Ambulance Service is particularly concerned with the human immunodeficiency virus (HIV) and wish

N.D.A.G. Letter to Vogel (May 7, 1990) May 7, 1990 Ms. Sarah Vogel Commissioner of Agriculture Department of Agriculture State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your March 30, 1990, letter and the attached "model regulations" which pertain to grasshopper control. You stated counties may wish to adopt regulations similar to this. You then quoted N.D.C.C. § 4-33-10 as authorizing political subdivisions to "adopt and enforce regulations to control and prevent the spread of pests." Your first question concerns the applicable

N.D.A.G. Letter to Slorby (May 7, 1990) May 7, 1990 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your April 17, 1990, letter asking whether the term "guardian" contained in N.D.C.C. § 27-20-26(1) includes a guardian ad litem. That statute provides, in part, that "[c]ounsel must be provided for a child not represented by his parent, guardian, or custodian." N.D.C.C. § 27-20-48 authorizes the court, in certain instances, to appoint a guardian ad litem for a child not represented by a parent, guardian, or custodian. A

N.D.A.G. Letter to Schuetzle (May 7, 1990) May 7, 1990 Mr. Tim Schuetzle Director Roughrider Industries Box 5521 Bismarck, ND 58502-5521 Dear Mr. Schuetzle: Thank you for your February 20, 1990, letter. You ask whether any statutes would prevent Roughrider Industries from drawing moneys appropriated to it from the State Treasury, depositing such moneys in a checking account to be maintained at the Bank of North Dakota in the name of Roughrider Industries, and writing its own checks on this account. N.D. Const. art. x, § 12(1) provides generally that all public moneys received by a sta

N.D.A.G. Letter to Renner (May 7, 1990) May 7, 1990 Mr. Jerry Renner State's Attorney Kidder County Courthouse P.O. Box 229 Steele, ND 58482 Dear Mr. Renner: Thank you for your April 4, 1990, letter inquiring whether a gate or a cattle pass is required in a fence line crossing a section line to provide access to and permit travel upon the section line right-of-way. A question, very similar to the one you asked, has been considered by the North Dakota Supreme Court. In Saetz v. Heiser , 240 N.W.2d 67 (N.D. 1976), the court concluded that both a cattleguard and a gate would be require

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 90-12 Date issued: May 7, 1990 Requested by: Judy L. DeMers State Representative - QUESTION PRESENTED - Whether it is an unlawful discriminatory practice under N.D.C.C. ' 14-02.4-12 to refuse to rent housing to unmarried persons of the opposite sex who desire to live together as a married couple. - ATTORNEY GENERAL'S OPINION - It is my opinion that it is not an unlawful discriminatory practice under N.D.C.C. ' 14-02.4

N.D.A.G. Letter to Siegert (April 26, 1990) April 26, 1990 Ms. Carol M. Siegert Administrative Assistant Office of the Governor State Capitol 600 E. Boulevard Ave. Bismarck, ND 58505 Dear Carol: Thank you for your March 28, 1990, letter concerning the ability of a state employee to serve in the North Dakota Legislature. For many state employees, the federal Hatch Act may be applicable. The Hatch Act, applies to state and local employees of those agencies that receive federal funds. 5 U.S.C.A. § 1501 (West 1977). Not all state and local employees are covered by the Hatch Act. In