North Dakota AG Opinions, 1987

Office of the Attorney General State of North Dakota Opinion No. 87-25 Date Issued: December 28, 1987 Requested by: Laurie A. Cook Pembina County State's Attorney --QUESTION PRESENTED-- Whether a violation of N.D.C.C. ch. 39-21 of which the penalty provisions of N.D.C.C. § 39-21-46(1) may be imposed is an infraction or a noncriminal violation subject to the procedures of N.D.C.C. § 39-06.1-02. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a violation of N.D.C.C. ch. 39-21 of which the penalty provision of N.D.C.C. § 39-21-46(

N.D.A.G. Letter to Bye (Dec. 24, 1987) December 24, 1987 Mr. Kermit E. Bye Attorney at Law P.O. Box 1389 Fargo, ND 58107 Dear Mr. Bye: Thank you for your letter of October 30, 1987, in which you request my opinion regarding whether the board of directors and officers of the Myron G. Nelson Fund, Inc. (MGN), may avail themselves of the provisions of the North Dakota Century Code that afford protection to state employees from civil litigation claims. In response to your question, I will discuss the applicability of N.D.C.C. § 26.1-21-10.1 (providing that the Attorney General shall defend

N.D.A.G. Letter to Rayl (Dec. 23, 1987) December 23, 1987 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your letter of December 14, 1987, in which you request my opinion on several issues regarding the prepayment of premiums for the North Dakota Public Employees Retirement System's health insurance plan. I will answer your questions in the order presented. Your first question is whether health insurance premiums can be paid in advance and if so, at whose discretion and under what conditions these prepayment

Office of the Attorney General State of North Dakota Opinion No. 87-24 Date Issued: December 18, 1987 Requested by: Terry Elhard McIntosh County State's Attorney --QUESTIONS PRESENTED-- I. Whether a county may use its insurance reserve fund to purchase liability insurance for the operation of a county fair association. II. Whether a county may purchase property insurance from the Fire and Tornado Fund for county fairground buildings which are not owned by the county. --ATTORNEY GENERAL'S OPINIONS-- I. It is my opinion that

N.D.A.G. Letter to Wentz (Dec. 16, 1987) December 16, 1987 Dr. Robert M. Wentz State Health Officer Department of Health and Consolidated Laboratories State Capitol Bismarck, ND 58505 Dear Dr. Wentz: Thank you for your letter of October 6, 1987, regarding the required license fee for certain health care facilities. I apologize for the delay in responding to you. Your letter refers to two separate licensing issues. These issues are: (1) Who, or what type of entity, must obtain a license prior to operating a health care facility, and (2) Who, or what type of entity, must submit a

N.D.A.G. Letter to Dill (Dec. 14, 1987) December 14, 1987 Mr. Glenn Dill City Attorney P.O. Box 876 Kenmare, ND 58746 Dear Mr. Dill: Thank you for your letter of December 7, 1987, inquiring as to any residency requirements which may be applicable to persons appointed to a city planning commission by the mayor. As you point out in your letter, N.D.D.C. § 40-48-03 provides that the executive officer of a city, with the approval of its governing body, may appoint no more than ten members to a city planning commission. There is no mention in this statute as to any residency requirements fo

N.D.A.G. Letter to Wold (Dec. 9, 1987) December 9, 1987 Mr. James W. Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of November 25, 1987, requesting clarification as to a 1987 amendment to N.D.C.C. § 11-10-02 which allows certain counties to separate the offices of register of deeds and clerk of district court. Prior to 1987, the register of deeds was the ex officio clerk of the district court in counties having a population of 6,000 or less. The 1987 Legislative Assembly amended this law allowing -the c

N.D.A.G. Letter to Snyder (Dec. 9, 1987) December 9, 1987 Mr. David A. Snyder, M.A. Director, North Central Human Service Center 400 22nd Avenue N.W. Minot, ND 58701 Dear Mr. Snyder: Thank you for your letter of November 12, 1987. By that letter, you described your efforts to establish a group home for mentally ill persons in a part of Minot zoned for single-family, residential use. You indicated that your request for a special use permit to allow eight adults to live in this residence had been denied by the city council. You then asked whether or no

N.D.A.G. Letter to Tallackson (Dec. 3, 1987) December 3, 1987 Senator Harvey D. Tallackson District 16 P.O. Box 288 53 West Fifth Grafton, ND 58237 Dear Senator Tallackson: Thank you for your letter of June 12, 1987, concerning the warehouseman license requirements for Alchem, Ltd. I apologize for the delay in responding. You indicate in your letter that Alchem, Ltd., is the processor of corn, wheat, barley and potatoes. Alchem, Ltd., processes these products into ethanol and animal feed. You request my opinion on whether Alchem, Ltd., and others similarly situated are required by law

Office of the Attorney General State of North Dakota Opinion No. 87-23 Dated Issued: December 1, 1987 Requested by: Robert E. Manly Eddy County State's Attorney --QUESTION PRESENTED-- Whether a juvenile court or a municipal court has jurisdiction to hear a municipal ordinance open container violation when such violation is alleged to have been committed by a "child" as defined in N.D.C.C. § 27-20-02(1). --ATTORNEY GENERAL'S OPINION-- It is my opinion that a juvenile court has exclusive and original jurisdicti

N.D.A.G. Letter to Leingang (Nov. 30, 1987) November 30, 1987 Mr. Robert J. Leingang Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58501 Dear Mr. Leingang: Thank you for your letter of September 29, 1987, regarding restroom requirements in convenience stores. N.D.C.C. § 23-09-01(6) and 23-09-09(2) directly apply to your request. They state: 23-09-01. Definitions. In this chapter, unless the context or subject matter otherwise requires: . . . . 6. "Restaurant" includes every building or other structure, or any part thereof, and all bu

Office of the Attorney General State of North Dakota Opinion No. 87-22 Date Issued: November 23, 1987 Issued to: Richard Wilkes Burke County Assistant State's Attorney --QUESTION PRESENTED-- Whether N.D.C.C. § 47-19-14.1(1) allows a notary public from another jurisdiction to perform notarial acts in North Dakota. --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. § 47-19-14.1(1) allows, under certain circumstances, a notary public from another jurisdiction to perform notarial acts in North Dakota. --ANALYSIS-- Prior to its

N.D.A.G. Letter to Schmiess (Nov. 20, 1987) November 20, 1987 Al Schmiess, D.D.S. Administrative Assistant State Board of Dental Examiners P. O. Box 1175 Jamestown, North Dakota 58402-1175 Dear Dr. Schmiess: Thank you for your letter of October 26, 1987, regarding your correspondence with U.S. West Direct in connection with an advertisement placed in the Grand Forks-East Grand Forks Regional telephone directory for the Minuk Denture Clinic located in Winnipeg, Manitoba, Canada. It is my understanding that you wrote U.S. West Direct stating the opinion of the North Dakota State Board of

N.D.A.G. Letter to Meier (Nov. 20, 1987) November 20, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 30, 1987, requesting clarification of a 1987 legislative amendment to N.D.C.C. § 16.1-01-12(11). The statute involved concerns election offenses. Specifically, the 1987 Legislative Assembly added to the list of election offenses the offense of paying or offering to pay any person, or receiving payment or agreeing to receive payment, for the circulation of an initiative, referendum,

N.D.A.G. Letter to DuBois (Nov. 20, 1987) November 20, 1987 Mr. Lawrence DuBois Walhalla City Attorney P. O. Box 633 Cavalier, ND 58220 Dear Mr. DuBois: Thank you for your letter of October 27, 1987, inquiring as to the applicability of North Dakota's open records law to the city of Walhalla, Office of Economic Development. A staff attorney has spoken to you concerning your request and has gathered further information so as to assist me in responding to your question. The information I have learned reveals that the office of economic development for the City of Walhalla was created by

N.D.A.G. Letter to Meier (Nov. 19, 1987) November 19, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 12, 1987. Your letter inquires whether you may issue a certificate of incorporation to an airport authority when the entity involved has not yet determined a name. N.D.C.C. § 2-06-04(1) indicates that the Secretary of State shall issue a certificate of incorporation to a regional airport authority upon receipt of a certified copy of a resolution adopted pursuant to N.D.C.C. § 206-03(1). This lat

N.D.A.G. Letter to Kirschenheiter (Nov. 19, 1987) November 19, 1987 Mr. Frank Kirschenheiter Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Kirschenheiter: Thank you for your letter of October 23, 1987, concerning Credit Review Board policy on payment of interest subsidies. N.D.C.C. § 6-09.10-05 states as follows: 6-09.10-05. Interest rate buydowns by board. 1. If the board, or its authorized agent, is unable to mediate a settlement in the negotiation of a farmer's debt, the board may approve the purchase, refinancing, or redemption of the f

N.D.A.G. Letter to Mack (Nov. 18, 1987) November 18, 1987 Mr. Galen Mack Assistant Pierce County State's Attorney P.O. Box 196 Rugby, ND 58368 Dear Mr. Mack: Thank you for your letter of August 17, 1987. You ask me to comment upon the opinion you gave in a letter to the Pierce County Register of Deeds. That letter discusses whether a document entitled "Deed of Trust and Assignment of Rents" and signed by Howard Slaubaugh may be recorded without containing a statement of consideration. I apologize for the delay in responding to you. The title of a document alone should not dictate whic

N.D.A.G. Letter to Meier (Nov. 17, 1987) November 17, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of October 26, 1987, inquiring as to whether it is possible for a Minnesota nonprofit corporation and a North Dakota nonprofit corporation to merge. North Dakota law addresses the issue of nonprofit corporation mergers in N.D.C.C. ch. 10-25. In providing the procedure for the merger of these corporations, the statutes refer specifically to "two or more domestic corporations." There is no men

N.D.A.G. Letter to Dosch (Nov. 17, 1987) November 17, 1987 Mr. Ronald M. Dosch Devils Lake City Attorney 423 Sixth Street P. O. Box 1048 Devils Lake, ND 58301 Dear Mr. Dosch: Thank you for your letter of September 15, 1987, concerning the Devils Lake Steam Heat Plant. You inquire whether the Devils Lake City Commission may voluntarily dissolve the Devils Lake Steam Generation Corporation and the Devils Lake Steam Heat Authority. You further inquire as to whether the city of Devils Lake may incur any potential liabilities for the steam heat plant should both of these entities be dissolv

N.D.A.G. Letter to Bohn (Nov. 17, 1987) November 17, 1987 Mr. William G. Bohn Court Administrator North Dakota Supreme Court State Capitol Bismarck, North Dakota 58505 Dear Mr. Bohn: Since the passage of the new criminal history records law in the 1987 Legislative Session, there has been some confusion as to its application, particularly with regard to the judiciary. I would like to clarify the position this office has taken relative to the relationship between N.D.C.C. ch. 12-60 and the courts. N.D.C.C. ch. 12-60 represents an exception to the North Dakota open records statute that a

N.D.A.G. Letter to Person (Nov. 10, 1987) November 10, 1987 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of October 12, 1987, in which you request my opinion as to whether or not the North Dakota Public Employees Retirement System (NDPERS) Board may impose deductions on salaries of state employees who are participants in the state of North Dakota's Uniform Group Health Insurance Program. Initially, it must be noted that state law prohibits payroll deduct

N.D.A.G. Letter to Bye (Nov. 10, 1987) November 10, 1987 Mr. Kermit Bye Vogel, Brantner, Kelly, Knutson, Weir & Bye, Ltd. Law Offices First Avenue North at Fifth Street P.O. Box 1389 Fargo, ND 58107 Dear Mr. Bye: Thank you for your letter of October 30, 1987, in which you request my opinion regarding the action taken by the board of directors of the Myron G. Nelson Fund, Inc., with respect to the bond guarantee renewal request of Primewood, Inc. As stated in your letter, the bond guarantee was initially made by the North Dakota Economic Development Commission on June 30, 1987. This

N.D.A.G. Letter to Burke (Nov. 9, 1987) November 9, 1987 Ms. Patricia L. Burke Burleigh County State's Attorney Burleigh County Courthouse 514 East Thayer Avenue Bismarck, ND 58501 Dear Ms. Burke: Thank you for your letter dated November 2, 1987, in which you have inquired concerning the payment of trial costs in a case transferred from municipal court to county court under N.D.C.C. § 40-18-15.1. You will find enclosed with this letter North Dakota Attorney General's opinion 87-11 which discusses several of the issues raised in your inquiry. It was my opinion that the automatic transf

N.D.A.G. Letter to Wold (Nov. 4, 1987) November 4 1987 Mr. James Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of October 21, 1987, wherein you inquire whether a mineral deed transferring previously severed minerals may be recorded even if the real estate taxes against the surface are delinquent. N.D.C.C. § 11-18-02 provides as follows: 11-18-02. Register of deeds not to record certain instruments unless they bear auditor's certificate of transfer. Except as otherwise provided in section 11-18-03, the reg

N.D.A.G. Letter to Swanson (Nov. 3, 1987) November 3, 1987 Mr. Howard D. Swanson Grand Forks City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter dated October 28, 1987, in which you inquire as to the application of N.D. Admin. Code § 10-03-03-14(5). You have indicated in your letter that patrol officers, by police department directive, do not have access to police department records. As a result, you ask whether a patrol officer would be permitted to accept a position as a security guard for a shopping mall. N.D. Admin. Code § 10-03-03-14(5) pr

N.D.A.G. Letter to Rayl (Nov. 3, 1987) November 3, 1987 Mr. Richard L. Rayl Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Rayl: Thank you for your letter of October 21, 1987, in which you inquire as to whether a juvenile court can commit an adjudicated juvenile delinquent to the Director of Institutions North Dakota state law grants broad powers to the Director of Institutions to provide custody, care, and protection of juveniles determined to be delinquent. N.D.C.C. § 54-21-13 provides, in part: 54-21-13. Child Welfare -- Mentally deficient persons -- Powers and

N.D.A.G. Letter to Meier (Nov. 3, 1987) November 3, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of October 27, 1987. Mr. Ernest Lang has again requested that you remove the UCC-1 financing statement that provides notice of a security interest in favor of the Bank of Steele covering certain personal property of Mr. Lang. As you will recall, I have written two prior letters on this subject recommending that you do not remove the UCC-1 statement. Mr. Lang's letter of October 21, 1987, argues that N.D.C.C. § 4

N.D.A.G. Letter to Gibbens (Nov. 3, 1987) November 3, 1987 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter dated October 29, 1987, in which you inquire as to whether or not N.D.C.C. § 40-18-15.1 permits a county to receive 35% of fees or fines assessed after hearing in the county court of a municipal court case. You indicate that the case of which you are concerned arose prior to July 8, 1987, the effective date of the provisions of N.D.C.C. § 40-18-15.1, but was tried to a jury after that date. I have e

N.D.A.G. Letter to Rohrich (Nov. 2, 1987) November 2, 1987 Mr. F. C. Rohrich Emmons County State's Attorney P.O. Box 657 Linton, ND 58552 Dear Mr. Rohrich: Thank you for your letter of October 14, 1987, as to the residency requirements for commissioners elected by districts. The essential question is whether the residency of the commissioner in question has changed. From your letter, you have apparently concluded that such a change has occurred. Assuming Emmons county chooses its county commissioners by district pursuant to N.D.C.C. § 11-11-02, its commissioners must

N.D.A.G. Letter to Olson (Nov. 2, 1987) November 2, 1987 Mr. Richard W. Olson Emerado City Attorney P.O. Box 787 315 First Avenue North Grand Forks, ND 58206-0787 Dear Mr. Olson: Thank you for your letter of October 23, 1987, as to various city council documents and the North Dakota open records law. North Dakota's open records law states that records of public bodies must be available for public inspection unless a law provides otherwise. The open records law would apply to those documents listed in your letter involving city matters. Assuming there are no laws providing for confiden

N.D.A.G. Letter to Hall (Oct. 27, 1987) October 27, 1987 Mr. Nicholas B. Hall State's Attorney P.0. Box 150 Grafton, ND 58237 Dear Mr. Hall: Thank you for your letter of September 2, 1987, wherein you asked whether a township has any responsibility for maintaining or vacating a road that has been deleted from a designated county road system. In North Dakota, the matter of creating and vacating highways is one that is subject to complete legislative authority. See Morton County v. Forester , 168 N.W. 787, 788 (N.D. 1918). In North Dakota, the abandonment of a highway is the equivale

N.D.A.G. Letter to Ottinger (Oct. 26, 1987) October 26, 1987 Roy A. Ottinger, D.C. Secretary-Treasurer State Board of Chiropractic Examiners 1300 Sixth Avenue N.E. Jamestown, ND 58401 Dear Dr. Ottinger: Thank you for your letter of July 30, 1987, in which you requested assistance in determining whether or not it is legal for the State Board of Chiropractic Examiners to use the Written Clinical Competency Examination (hereinafter WCCE) prepared by the National Board of Chiropractic Examiners in lieu of part of the present state examination. I apologize fo

N.D.A.G. Letter to Slorby (Oct. 19, 1987) October 19, 1987 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of August 19, 1987. I apologize for the delay in responding to you. Your letter asks for an Attorney General's opinion on the question of whether Ward County may hold an employee financially responsible and accountable for the loss of county funds. As the attachment to your letter indicates, N.D.C.C. § 34-02-16 addresses the question of an employee's liability to his employer. N.D.C.C. § 34-02-16 pro

N.D.A.G. Letter to Meier (Oct. 19, 1987) October 19, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: You have recently inquired whether you should comply with Ernest Lang's request that you remove the central filing notice in favor of the Bank of Steele. Mr. Lang's position is apparently based upon a judgment dated February 3, 1986, in Bank of Steele v. Lang , South Central Judicial District, Civil No. 36266, February 3, 1986, (copy attached) which inter alia , provided: That the security interest of the Plaintiff in all Defendant

N.D.A.G. Letter to Freise (Oct. 19, 1987) October 19, 1987 Mr. Robert P. Freise Director Division of Emergency Health Services ND State Department of Health State Capitol Bismarck, ND 58505 Dear Mr. Freise: Thank you for your letter of September 4, 1987, regarding the pre-hospital emergency medical services system. You have inquired whether North Dakota Administrative Code § 50-03-01-12 conflicts with N.D. Admin. Code § 50-03-03-03. N.D. Admin Code ch. 50-03-01 regulates the practice of a physician's trained assistant. In general, that chapter identifies and restricts what a physicia

N.D.A.G. Letter to Meier (Oct. 15, 1987) October 15, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 25, 1987, concerning a dispute which has occurred over the registration of the trade name known as "The Straight Shot Band." According to your letter, a Statement of Change of Ownership of Trade Name Registration was filed by certain individuals in your office. In response to the filing of that document, you issued a trade name certificate to those individuals. The attorney for the original owner o

Office of Attorney General State of North Dakota Opinion No. 87-21 Dated Issued: October 15, 1987 Requested by: Michel W. Stefonowicz Divide County State's Attorney --QUESTIONS PRESENTED-- I. Whether N.D.C.C. § 57-15-06.3(3) authorizes a board of county commissioners to make substantive changes in a farm-to-market road program that was approved by the county electorate prior to 1981. II. Whether a change in the farm-to-market road program instituted under N.D.C.C. § 57-15-06.3(3) is subject to the public hearing re

Office of the Attorney General State of North Dakota Opinion No. 87-20 Dated Issued: October 15, 1987 Requested by: Lyle Witham McHenry County State's Attorney --QUESTIONS PRESENTED-- I. Whether a board of county commissioners may levy an annual tax under N.D.C.C. §§ 57-15-06.6 and 57-15-06.7(19.1) for the purpose of housing prisoners in neighboring county correction centers. II. Whether a contract for jail services pursuant to N.D.C.C. § 12- 44.1-02(2) qualifies as a "lease" for which a special mill levy may be assessed pursuant

N.D.A.G. Letter to Meier (Oct. 1, 1987) October 1, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, North Dakota 58505 Dear Secretary of State Meier: Thank you for your letter of September 16, 1987, concerning the membership of the Emergency Commission and the ability of other persons to sit in the place of named officials comprising the Emergency Commission. Your first question is whether the Deputy Secretary of State may take the place of the Secretary of State at meetings of the Emergency Commission. N.D.C.C. § 44-03-01 authorizes the Secretary of State, among oth

N.D.A.G. Letter to Johnson (Oct. 1, 1987) October 1 1987 Mr. James O. Johnson Assistant State's Attorney Mercer County State's Attorney Mercer County Courthouse Stanton, ND 58571 Dear Mr. Johnson: Thank you for your letter of September 1, 1987, inquiring as to whether the county may borrow money without authorization of the voters to build a county-owned power pipeline. According to your letter, the county proposes to pay for the cost of the construction of the pipeline solely with those revenues received from the operation of the pipeline. As such, the amount of money to be borrowed w

Office of the Attorney General State of North Dakota Opinion No. 87-19 Date Issued: October 1, 1987 Requested by: Timothy Wilhelm Assistant State's Attorney Ward County --QUESTION PRESENTED-- Whether N.D.C.C. ch. 40-50.1, requiring the platting of subdivisions and townsites, applies to areas beyond the boundaries and zoning jurisdiction of cities? --ATTORNEY GENERAL'S OPINION-- It is my opinion that N.D.C.C. ch. 40-50.1, requiring the platting of subdivisions and townsites, applies to areas beyond the boundaries and zoning j

N.D.A.G. Letter to Wilhlem (Sep. 30, 1987) September 30, 1987 Mr. Timothy C. Wilhelm Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Wilhelm: Thank you for your letter dated August 4, 1987, requesting an Attorney General's opinion on Supreme Court Administrative Rule 13(5)(e). It is the policy of this office to refrain from rendering formal legal opinions where the questions presented concern the internal operation or management of the judicial branch of government. As illustrated below, your questions involve the operation and management

N.D.A.G. Letter to Meier (Sep. 30, 1987) September 30, 1987 Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Secretary Meier: Thank you for your letter of September 15, 1987, inquiring as to the applicability of late filing fees and possible involuntary dissolution to those corporations which do not timely return their corrected annual reports pursuant to North Dakota law. N.D.C.C. § 10-23-02 states that annual reports submitted by domestic corporations which do not conform to the requirements of N.D.C.C. § 10-23-01 shall be returned by the Secretary of Stat

N.D.A.G. Letter to Rayl (Sep. 25, 1987) September 25, 1987 Mr. Richard L. Rayl Director Office of Management and Budget State Capitol Bismarck. ND 58505 Dear Mr. Rayl: Thank you for your letter of July 17, 1987, in which you request my formal opinion on the proper interpretation of Senate Bill No. 2536 (N.D.C.C. § 54-44.1-13.1) as passed by the Fiftieth Legislative Assembly. In your letter, you explain that your questions have arisen in connection with the referral of the sales tax on cable TV services which has suspended the tax pending a vote of the people. N.D.C.C. § 54-44.1-13.1 s

N.D.A.G. Letter to Larson (Sep. 25, 1987) September 25, 1987 Mr. Stuart A. Larson Traill County State's Attorney P.O. Box 188 Hillsboro, North Dakota 58045 Dear Mr. Larson: Thank you for your letter of April 30, 1987, inquiring as to the authority of a city to contribute from its general funds to a charitable organization. The matter discussed in your letter refers to a contribution which the city of Hillsboro apparently wishes to make to the Health and Humanities Foundation whose purpose is to further the health care requirements of the Hillsboro Community Hospital. Enclosed wi

N.D.A.G. Letter to Brindle (Sep. 25, 1987) September 25, 1987 Mr. John P. Brindle Renville County State's Attorney's Office 205 Main Street E P.O. Box 398 Mohall, ND 58761 Dear Mr. Brindle: Thank you for your letter of August 27, 1987, requesting an Attorney General's opinion on the issue of designation of smoking areas within a county courthouse. The portions of N.D.C.C. ch. 23-12 which apply directly to your question include N.D.C.C. §§ 23-12-09(1)(b), 23-12-10, and 23-12-10.1 which state as follows: 23-12-09. Smoking in places of public assembly -- Definitions. In sections 23-12-0

N.D.A.G. Letter to Rayl (Sep. 24, 1987) September 24, 1987 Mr. Richard L. Rayl Director of Institutions State Capitol Bismarck, ND 58505-0144 Dear Mr. Rayl: Thank you for your letter dated July 29, 1987, in which you inquire as to whether the North Dakota Board of Pardons can delegate to the Director of Institutions, for the remainder of this biennium, supervision and management of parole officers appointed by the Board pursuant to N.D.C.C. § 12-55-07. I apologize for the delay in responding to you. N.D. Const. Art. V, § 6, sets forth the basic composition and powers of the North Dakot