North Dakota AG Opinions, 1991

N.D.A.G. Letter to Koppy (Sep. 20, 1991) September 20, 1991 Mr. Allen Koppy Morton County State's Attorney 210 2nd Avenue NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your September 13, 1991, letter in which you have asked for my opinion as to whether the uniform summons and complaint authorized by N.D.C.C. § 20.1-02-14.1 may be used to cite persons who may violate the proposed North Dakota Game and Fish Department administrative rules pertaining to the operation of motorboats in the Missouri River. You have provided me with a copy of two proposed boating regulations which impose n

N.D.A.G. Letter to Kelsch (Sep. 20, 1991) September 20, 1991 Honorable RaeAnn Kelsch State Representative 515 Marilyn Drive Mandan, ND 58554 Dear Representative Kelsch: Thank you for your September 12, 1991, letter in which you have presented questions pertaining to the 1991 amendments to N.D.C.C. § 5-02-05.1, the special Sunday alcoholic beverage permit law. You first ask whether N.D.C.C. § 5-02-05.1 grants a governing body the authority to issue a single Sunday permit for an entire calendar or license year to a restaurant or other establishment qualifying for the

47 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-13 Date issued: September 20, 1991 Requested by: Heidi Heitkamp North Dakota State Tax Commissioner - QUESTIONS PRESENTED - I. Whether a motor vehicle is subject to the North Dakota motor vehicle excise tax if it is purchased on an Indian reservation by the tribe or by an enrolled member of the tribe. II. Whether a motor vehicle is subject to the North Dakota motor vehicle excise tax if it is purchased on an Indian reservation by an enrolled member of the tribe and used on North Dakota streets and highways outside of the reservation.

N.D.A.G. Letter to Stenehjem (Sep. 19, 1991) September 19, 1991 The Honorable Wayne Stenehjem State Senator, District 42 2204 12th Avenue North P.O. Box 52 Grand Forks, ND 58206-0052 RE: Attorney General's Opinion 90-30 Dear Senator Stenehjem: Thank you for your letter of July 15, 1991 regarding Opinion 90-30. Your letter expresses several concerns about that opinion and the rationale which underlies it. You indicate that clerks of court may be faced with conflicting and uncertain duties as a result of that opinion. You ask that I reconsider the opinion. You also ask that I advise whe

N.D.A.G. Letter to McIntee (Sep. 19, 1991) September 19, 1991 Mr. Michael S. McIntee City Attorney McIntee Law Firm Box 90 Towner ND 58788-0090 Dear Mr. McIntee: Thank you for your August 27, 1991, letter inquiring about whether city council meetings involving discussion of disciplinary action against the Chief of Police may be closed to the public. As you are aware, N.D.C.C. § 44-04-19 states, "except as otherwise specifically provided by law, all meetings of . . . any political subdivision of the state . . . shall be open to the public." In addition, N.D.C.C. § 40-06-02 requires all

N.D.A.G. Letter to Johnson (Sep. 19, 1991) September 19, 1991 Mr. Ward K. Johnson III Attorney at Law Grand Forks Water Resource District P. O. Box 1735 Grand Forks, ND 58206-1735 Dear Mr. Johnson: Thank you for your August 13, 1991 letter regarding the payment of drain assessments by the North Dakota Game and Fish Department (hereinafter "Department") under N.D.C.C. ch. 61-16.1 and 61-21. For the reasons set forth below, it is my opinion that the Department should not pay assessments for drain construction and maintenance. The Department owns land for fish and wildlife management pur

N.D.A.G. Letter to Heitkamp (Sep. 19, 1991) September 19, 1991 Honorable Heidi Heitkamp Tax Commissioner State Capitol Bismarck, ND 58505 Dear Commissioner Heitkamp: Thank you for your June 7, 1991, letter concerning the issue of sales tax treatment of tickets sold by the operator of the Dakota Queen Riverboat. You have requested an informal letter opinion concerning whether this taxpayer's tickets are exempt from sales tax under either subsection 1 or subsection 2 of N.D.C.C. § 57-39.2-04. The taxpayer alleges he is exempt because he is engaged in interstate commerce and the impositi

1 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-12 Date issued: September 19, 1991 Requested by: Heidi Heitkamp, State Tax Commissioner - QUESTION PRESENTED - Whether the words "agricultural commodities grown in this state" as used in N.D.C.C. ' 40-57.1-03 of the new and expanding business tax exemption chapter mean only agricultural commodities actually grown in North Dakota or mean agricultural commodities which can be grown in North Dakota. - ATTORNEY GENERAL'S O

N.D.A.G. Letter to Vogel (Sep. 16, 1991) September 16, 1991 The Honorable Sarah Vogel Commissioner Department of Agriculture State Capitol Bismarck, ND 58505-0020 Dear Commissioner Vogel: Thank you for your August 28, 1991, letter requesting my opinion on questions raised by the North Dakota State Potato Council. You ask whether the North Dakota State Potato Council is a state agency and if so, whether the doctrine of sovereign immunity protects the council and the council's members. These questions were addressed in a previous memorandum from Assistant Attorney

N.D.A.G. Letter to Swanson (Sep. 13, 1991) September 13, 1991 Mr. Howard D. Swanson Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206-1950 Dear Mr. Swanson: Thank you for your September 4, 1991, letter in which you have presented four questions pertaining to Sunday alcoholic beverage sales. For the purposes of clarity, I will respond to each question separately. Your first question is: Question : May an alcoholic beverage licensee engage in the sale of alcoholic beverages on a Sunday under North Dakota Century Code § 5-02-01.1 if they a

N.D.A.G. Letter to Isakson (Sep. 11, 1991) September 11, 1991 Mr. Charles R. Isakson Mercer County State's Attorney PO Box 39 Stanton, ND 58571 RE: N.D.C.C. § 40-18-01(4) Dear Mr. Isakson: Thank you for your August 21, 1991, letter in which you have requested my opinion as to the application of N.D.C.C. § 40-18-01(4) to the duties of state's attorneys and city attorneys and to the distribution of fees, fines, costs, forfeitures, or other monetary consideration imposed as a result of a prosecution for a violation of N.D.C.C. § 39-08-01 or an equivalent ordinance. N.D.C.C. § 40-18-01(4)

N.D.A.G. Letter to Kusler (Sep. 4, 1991) September 4, 1991 Honorable Jim Kusler Secretary of State State Capitol 600 East Boulevard Avenue Bismarck, ND 58505-0500 Dear Secretary Kusler: Thank you for your August 14, 1991, letter regarding the recent election in Bismarck. North Dakota Century Code (N.D.C.C.) § 40-05.1-07 provides that a city may amend its home rule charter by submitting the issue to the voters of the city pursuant to N.D.C.C. § 40-05.1-04. N.D.C.C. § 40-05.1-07 (1983). As you correctly stated in your letter, N.D.C.C. § 40-05.1-04 requires that an el

N.D.A.G. Letter to Koppy (Sep. 4, 1991) September 4, 1991 Mr. Allen Koppy Morton County State's Attorney 210 Second Avenue NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your August 27, 1991, letter in which you have inquired as to whether N.D.C.C. § 11-15-07(1) permits a sheriff to collect separate $10 service fees for service of process upon multiple parties at one location. An example given by you and Sheriff Snider refers to service of process upon a husband and wife when the husband is not at home to accept service. The wife is then served both copies of the process resulting in

N.D.A.G. Letter to Enget (Sep. 4, 1991) September 4, 1991 Mr. Wade G. Enget Mountrail County State's Attorney PO Box 363 Stanley, ND 58784 Dear Mr. Enget: Thank you for your August 20, 1991, letter regarding reimbursement to county employees for meals. You seek a clarification of my July 29, 1991, opinion to Gerald A. Kuhn, Logan County State's Attorney, attached. You ask whether the county is required to reimburse its employees for meals during the time the employee is away from home but not required by his/her travel to stay overnight. N.D.C.C. § 44-08-04 governs claims for meals and

N.D.A.G. Letter to Reichert (Aug. 19, 1991) August 19, 1991 Ronald A. Reichert City Attorney City of Medora 34 E First Street, Box K Dickinson, ND 58602-8305 and Jay V. Brovold Billings County State's Attorney P.O. Box 187 Medora, ND 58645 Gentlemen: Thank you for your July 12, 1991, letter in which you ask whether the City of Medora (the "City") and Billings County (the "County") may, through separate contracts with the Roosevelt Custer Regional council for Development (the "Roosevelt Custer Regional Council"), participate in the buydown of the interest rate on a loan to the Theo

N.D.A.G. Letter to Kane (Aug. 15, 1991) August 15, 1991 Commissioner Milton W. Kane Department of Veterans Affairs 15 North Broadway 6th Floor Fargo, ND 58102 Dear Commissioner Kane: Thank you for your August 1, 1991 letter asking about amendments to House Bill No. 1003 (HB 1003) adopted by the 1991 Legislative Assembly. You question the validity of these amendments because the committee hearing at which the amendments were adopted was not published. Based upon the following discussion, I conclude the amendments are valid and were properly adopted. HB 1003 provi

N.D.A.G. Letter to Streibel (Aug. 14, 1991) August 14, 1991 Senator Bryce Streibel District 14 226 Second Street N Fessenden, ND 58438 Dear Senator Streibel: Thank you for your July 22, 1991, letter concerning the rural-urban split of school board members in your school district. You question whether a city resident would be eligible to hold office on the school board if that city resident was elected by write-in votes to a seat on the board required to be held by a rural resident. School board candidates get on the ballot by filing a statement with the school district business manager

N. D.A.G. Letter to Swanson (Aug. 13, 1991) August 13, 1991 Mr. Howard Swanson Office of City Attorney P.O. Box 1950 Grand Forks ND 58206 Dear Mr. Swanson: Thank you for your August 2, 1991, letter asking if a municipality may decline to provide copies of public records when multiple requests are made by one individual. You also ask whether a municipality may charge a reasonable fee for the costs of retrieving and copying such records. North Dakota's open records law states that unless otherwise provided by law all records of government bodies are public records which are open and acce

N.D.A.G. Letter to Fisher (Aug. 8, 1991) August 8, 1991 Mr. B. Barton Fisher, Chairman Atmospheric Resource Board 900 East Boulevard Avenue Bismarck ND 58505-0850 Dear Mr. Fisher: Thank you for your July 9, 1991, letter regarding my interpretation of N.D.D.C. § 61-04.4-06. Specifically, you inquired about the relationship between the Atmospheric Resource Board and the State Water Commission pursuant to this statute. For the reasons stated below I conclude that the legal relationship between the Board and the Commission is delineated by statute. N.D.C.C. § 61-

Overruled in part by N.D.A.G. 99-O-02 N.D.A.G. Letter to Solbert (Aug. 2, 1991) August 2, 1991 Honorable Ken Solberg State Senator 207 Sunset Lane Rugby, ND 58368 Dear Senator Solberg: Thank you for your July 15, 1991, letter asking if the North Dakota Insurance Reserve Fund is subject to North Dakota's open meetings and open records laws. The North Dakota Insurance Reserve Fund ("NDIRF") is an incorporated government self-insurance pool organized pursuant to N.D.C.C. ch. 32-12.1. The members of NDIRF are state agencies or political subdivisions within the state of North Dakota which

N.D.A.G. Letter to Rohrich (Aug. 2, 1991) August 2, 1991 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your July 11, 1991, letter asking if a person elected to the Braddock School Board may also serve as the county superintendent of schools. There is no general state statute that prohibits the holding of two offices by one person, nor is there a specific statute forbidding a member of a local school board from also holding the office of superintendent of schools or any other county office. Furthermore, N.D.C.C. § 44-08-19

N.D.A.G. Letter to Dykshoorn (Aug. 2, 1991) August 2, 1991 Ms. Shirley Dykshoorn Director Office of Intergovernmental Assistance State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Ms. Dykshoorn: Thank you for your July 11, 1991, letter asking about liability of political subdivisions in connection with enforcement of the state building code. The state building code consists of the most recently published version of the Uniform Building Code and supplements to that code, as amended by rules adopted by the director of the Office of Management and Budget. North Dakota Centu

N.D.A.G. Letter to Kuhn (July 29, 1991) July 29, 1991 Gerald A. Kuhn Logan County States Attorney P.O. Box 50 Napoleon. ND 58561 Dear Mr. Kuhn: Thank you for your July 12, 1991 letter concerning whether county commissioners may decide to not reimburse county employees for meal expenses when the employees are not away from their normal working and living residences overnight. N.D.C.C. § 44-08-04 governs claims for meals and lodging made by officers and employees of the "state, or of any of its subdivisions, agencies, bureaus, boards, or commissions." In prior opini

N.D.A.G. Letter to Whalen (July 26, 1991) July 26, 1991 Honorable Joseph Whalen State Representative District 39 P.O. Box 1036 Bowman, ND 58623 Dear Representative Whalen: Thank you for your May 31, 1991, letter in which you inquired about the method of assessment of registration fees against petroleum tank owners. Please excuse the delay in responding. The assessment of the petroleum tank registration fee is an exercise of the state's taxing power. "A 'tax' is an enforced contribution for public purposes which in no way is dependent upon the will or consent of the per

37 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-11 Date issued: July 26, 1991 Requested by: Sheila Peterson, Executive Budget Analyst - QUESTION PRESENTED - Whether any enrolled version of S. Bill No. 2324, 52nd N.D. Leg. (1991), was constitutionally enacted. - ATTORNEY GENERAL'S OPINION - It is my opinion that no enrolled version of S. Bill No. 2324, 52nd N.D. Leg. (1991), was constitutionally enacted, and that the section of law sought to be amended by th

N.D.A.G. Letter to Sanstead (July 25, 1991) July 25, 1991 Dr. Wayne G. Sanstead Superintendent Department of Public Instruction State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your May 21, 1991, letter requesting clarification of the county commission's authority to levy up to four mills in support of a public library, without voter approval. The understanding of the North Dakota State Library is incorrect. North Dakota Century Code (N.D.C.C.) § 40-38-02 provides that once a county library fund is established pursuan

N.D.A.G. Letter to Meyer (July 25, 1991) July 25, 1991 Honorable Ray Meyer State Representative HCR 81, Box 40 Morristown, SD 57645 Dear Representative Meyer: Thank you for your recent letter, mailed July 9, 1991, concerning the application of 1991 N.D. Sess. Laws ch. 180. You ask: 1. Whether the phrase "newly elected" applies to persons elected to a school board for the first time, as well as to persons who are reelected to another term. 2. Whether the section applies to persons elected prior to July 1, 1991, but who assume the office of school board member after that date. 3.

N.D.A.G. Letter to Kusler (July 25, 1991) July 25, 1991 Honorable Jim Kusler Secretary of State State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Kusler: Thank you for your letter of July 2, 1991, in which you asked whether the amendment to North Dakota Century Code (N.D.C.C.) § 45-11-05 as contained in House Bill 1448 would allow your office to change its inquiry procedures regarding the continuance of a contractor's license held by a fictitious partnership. House Bill 1448 amended N.D.C.C. § 45-11-05 by providing for the filin

N.D.A.G. Letter to Elhard (July 23, 1991) July 23, 1991 Mr. Terry W. Elhard McIntosh County State's Attorney P.O. Box 248 Ashley, ND 58413 Dear Mr. Elhard: Thank you for your May 22, 1991, letter wherein you inquire whether a barn located on agricultural land is exempt from ad valorem taxation under N.D.C.C. § 57-02-09(15) if it is used for raising thoroughbred horses which are either raced or sold. N.D.C.C. § 57-02-08(15)(a) provides as follows: 57-02-08. Property exempt from taxation. All property described in this section to the extent herein limited shall be exempt from taxation:

N.D.A.G. Letter to Tomac (July 17, 1991) July 17, 1991 Honorable Steven W. Tomac State Senator Route 1, Box 36 St. Anthony, ND 58566 Dear Senator Tomac: Thank you for your July 3, 1991 letter asking several questions concerning restrictions the City of Flasher adopted on access to certain city records. You have also asked whether the mayor must sign city commission minutes if he believes those minutes to be in error. North Dakota’s open records law states that unless otherwise provided by law, all records of public or governmental bodies are public records, which must be "open and ac

N.D.A.G. Letter to Sanstead (July 17, 1991) July 17, 1991 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol 600 E Boulevard Avenue Bismarck, ND 58505 Dear Dr. Sanstead: Thank you for your February 25, 1991, letter concerning the Educational Telecommunications Council's (ETC) authority to include a provision in its operating agreement with Prairie Public Broadcasting, Inc., authorizing Prairie Public to lease antenna space on state-owned broadcasting towers to commercial broadcasters. You also ask whether lease revenue from such an arrangement

N.D.A.G. Letter to Ramsey (July 16, 1991) July 16, 1991 Mr. Gary D. Ramsey Attorney for Dickinson Parks and Recreation District Mr. Vince H. Ficek Attorney for City of Dickinson P.O. Box 1157 Dickinson, ND 58602-1157 Dear Mr. Ramsey and Mr. Ficek: Thank you for your June 19, 1991, letter. Your inquiry is whether the Dickinson municipal judge has jurisdiction to hear cases arising out of violations of park ordinances established by the Dickinson Parks and Recreation Board when the violations are committed outside the city limits of the city of Dickinson. The area in question is the Pa

N.D.A.G. Letter to Mushik (July 11, 1991) July 11, 1991 Honorable Corliss Mushik State Senator P.O. Box 188 Mandan, ND 58554 Dear Senator Mushik: Thank you for your March 22, 1991, letter. I apologize for the delay in responding. In your letter you ask how a majority vote of qualified electors in a reorganized district is calculated. You also ask whether a reorganized district which votes to remove their transportation obligation may charge fees for transportation in the same manner that nonreorganized school districts may charge transportation fees. Your first question was answered in

33 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-10 Date issued: July 11, 1991 Requested by: Senator William G. Goetz - QUESTION PRESENTED - Whether a cooperative may operate a swine production facility. - ATTORNEY GENERAL'S OPINION - It is my opinion that under some circumstances a cooperative may operate a swine production facility. - ANALYSIS - A cooperative tentatively plans to own and operate a swine production facility in which approximately 25,000 hogs per

N.D.A.G. Letter to Sillers (July 8, 1991) July 8, 1991 Cameron D. Sillers Cavalier County State's Attorney 908 Third Street Langdon, ND 58249 Dear Mr. Sillers: Thank you for your June 20, 1991 letter concerning fire protection districts. You ask whether N.D.C.C §§ 18-10-11 and 18-10-12.1 must be read together and whether the county commission may refuse a request to withdraw from a fire protection district if all of the requirements of section 18-10-12.1 are met. You also ask if an owner withdraws from one fire protection district whether that person's land must be annexed to a second

N.D.A.G. Letter to Kloubec (July 8, 1991) July 8 ,1991 Honorable Richard Kloubec State Representative 3233 16th Avenue South Fargo, ND 58103 Dear Representative Kloubec: Thank you for your May 21, 1991, letter requesting my opinion on whether the State Treasurer may lawfully require a North Dakota beer wholesaler to obtain a wholesale license for each warehouse location operated by the licensee. N.D.C.C. § 5-03-01 provides, in pertinent part: Before any person engages in the sale at wholesale of beer or liquor in this state, that person shall first procure a license from only the stat

N.D.A.G. Letter to Carlisle (July 8, 1991) July 8, 1991 Honorable Ron Carlisle State Representative P.O. Box 222 Bismarck, ND 58502-0222 Dear Representative Carlisle: Thank you for your June 21, 1991, letter asking for an opinion as to whether it is legal for a municipal agency which receives monies from a gaming operation to use those funds for the purchase of goods or services without having to put the purchase out on bids in a public bidding process. Most often municipalities receive proceeds from gaming activity from organizations eligible to conduct games of chance under N.D.C.C.

N.D.A.G. Letter to Walsh (July 1, 1991) July 1, 1991 Mr. Bud Walsh Director of Accounting Operations Office of Management and Budget State Capitol 600 E Boulevard Avenue Bismarck, ND 58505-0400 Dear Mr. Walsh: Thank you for your June 10, 1991, letter requesting my opinion concerning the interpretation of section 2 of chapter 1 of the 1989 Session Laws. Section 2 of chapter 1 of the 1989 Session Laws provides: APPROPRIATION - AUTHORIZATION - GOVERNOR'S OFFICE. The governor's office is hereby authorized to receive and expend any federal or private

N.D.A.G. Letter to Whitman (June 25, 1991) June 25, 1991 Mr. Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck. ND 58502-5503 Dear Mr. Whitman: Thank you for your June 17, 1991, letter concerning teen functions on licensed liquor establishments. You have asked for my thoughts and concerns on this subject. As you are aware, both N.D.C.C. §§ 5-01-08 and 5-02-06 generally prohibit a person under the age of 21 years from entering a licensed premises where alcoholic beverages are "being sold or displayed." I see no prohibition for the entry of persons under the age of 21 year

N.D.A.G. Letter to Enget (June 21, 1991) June 21, 1991 Wade G. Enget Mountrail County State's Attorney P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your June 5, 1991, letter regarding the effective date of the 1990 Federal Decennial Census for state purposes, particularly for county redistricting and distribution of highway funds. Federal law requires that census data be made available to the states no later than one year following the decennial census date. 13 U.S.C. § 141(c) (1988). The census date for the 1990 decennial census was April 1, 1990. 13 U.S.C. § 141(a) (1

29 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-09 Date issued: June 21, 1991 Requested by: Daniel G. Diemert, Dickey County State's Attorney - QUESTION PRESENTED - Whether N.D.C.C. ' 11-15-08 authorizes a sheriff to receive a commission if the sheriff has not received and disbursed moneys in enforcement of an execution. - ATTORNEY GENERAL'S OPINION - It is my opinion that N.D.C.C. ' 11-15-08 does not authorize a sheriff to receive a commission if the sheriff

N.D.A.G. Letter to Satrom (June 19) June 19, 1991 Honorable Joseph A. Satrom State Senator 216 West Avenue B Bismarck, ND 58501 Dear Senator Satrom: Thank you for your April 10, 1991, letter requesting an opinion on questions raised by a constituent concerning use of City of Bismarck sales tax and lodging and restaurant tax revenues. In 1987 the city entered into a Lease Purchase Agreement (the "Agreement") to fund certain public improvements, including expansion of the Bismarck Civic Center and Library and a water main project (these improvements will be referred to collectively in th

N.D.A.G. Letter to Kusler (June 18, 1991) June 18, 1991 Honorable Jim Kusler Secretary of State State Capitol 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary Kusler: Thank you for your May 10, 1991, letter regarding L.R. Corporation. You ask whether an out-of-state farm corporation can be granted a certificate of authority to transact business in North Dakota. N.D.C.C. § 10-06-01 prohibits all corporations, with limited exceptions, from owning or leasing farm or ranch land and from engaging in the business or farming or ranching. According to its application, L.R. Corpora

N.D.A.G. Letter to Dotzenrod (June 17, 1991) June 17, 1991 Honorable Jim Dotzenrod State Senator P.O. Box 69 Wyndmere, ND 58081 Dear Senator Dotzenrod: Thank you for your May 13, 1991, letter in which you ask three questions concerning county job development authorities. Before addressing those questions, I will set out a short summary of the background information and statutory references contained in your letter. The board of county commissioners of Richland County has established a job development authority and has appointed the members of that authority, all p

24 STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 91-08 Date issued: June 12, 1991 Requested by: Wayne O. Solberg Fargo City Attorney - QUESTIONS PRESENTED - I. Whether a municipal court may impose house arrest as an alternative to incarceration under the minimum sentencing provisions of N.D.C.C. ' 39-08- 01(4)(b). II. Whether a municipal court may impose house arrest as an alternative to incarceration under the minimum sentencing provisions of N.D.C.C. ' 39-06- 42(2). - AT

N.D.A.G. Letter to Brudvik (June 11, 1991) June 11, 1991 Mr. William Brudvik Brudvik Law Office 17 Center Avenue North Mayville, ND 58257 Dear Mr. Brudvik: Thank you for your March 28, 1991, letter. You request clarification as to whether N.D.C.C. § 61-21-43.1 applies to private drains or is limited to assessment drains. You also ask whether N.D.C.C. § 61-21-43.1 applies to drains that have been abandoned as the term is defined by the Food Security Act of 1985 and common law. The term "drain" as defined in N.D.C.C. § 61-21-01 and used in N.D.C.C. ch. 61-21, means any natural watercours

N.D.A.G. Letter to Whitman (June 10, 1991) June 10, 1991 Charles C. Whitman Bismarck City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Mr. Whitman: Thank you for your May 29, 1991, letter concerning whether a political subdivision can issue itself a liquor license. In Egbert v. City of Dunseith , 24 N.W.2d 907 (N.D. 1946), the North Dakota Supreme Court held that the state, counties, and cities were prohibited from engaging in the business of the sale of alcoholic beverages pursuant to N.D. Const. § 185, despite the previous repeal of article XX of the constitution referred to ther