North Dakota AG Opinions, 2002

OPEN RECORDS AND MEETINGS OPINION 2002-O-12 DATE ISSUED: December 18, 2002 ISSUED TO: State Board of Higher Education CITIZEN’S REQUEST FOR OPINION On October 8, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Senator Ben Tollefson asking whether the State Board of Higher Education violated N.D.C.C. § 44-04-19 by failing to make the meeting accessible to the public, and whether it violated N.D.C.C. § 44-04-20 by failing to properly notice the meeting. FACTS PRESENTED The State Board of Higher Education (Board) held a regular meeting on September

LETTER OPINION 2002-L-70 December 4, 2002 Mr. James W. Wold Griggs County State’s Attorney PO Box 541 Cooperstown, ND 58425-0541 Dear Mr. Wold: Thank you for your inquiry regarding the property tax exemption for a grain elevator located on unplatted railroad land. You state in your letter that there is a grain elevator located in the city of Binford, which is owned by a farmer who uses it for storage as part of a farm operation. The elevator is located on land owned by a railroad and leased to the farmer. The tracks have been removed, so the land is no longer being used to operate a rai

LETTER OPINION 2002-L-69 November 29, 2002 The Honorable George J. Keiser House of Representatives 422 Toronto Dr Bismarck, ND 58503-0276 Dear Representative Keiser: Thank you for your letter asking several questions regarding the ownership of and maintenance responsibilities concerning the state veterans cemetery and monuments contributed to the cemetery. The North Dakota Veterans Cemetery is under the jurisdiction of the Adjutant General. N.D.C.C. § 37-03-14. That section requires the Adjutant General to “establish and operate the North Dakota veterans' cemetery.” Therefore, it is my op

OPEN RECORDS AND MEETINGS OPINION 2002-O-11 DATE ISSUED: November 29, 2002 ISSUED TO: Larimore City Council CITIZEN’S REQUEST FOR OPINION This office received a request for an opinion under N.D.C.C. § 44-04-21.1 from James R. Hougen asking whether a special meeting held by the Larimore City Council violated the open meetings laws. 1 FACTS PRESENTED An opinion issued under N.D.C.C. § 44-04-21.1 must be based on the facts given by the public entity. N.D.C.C. § 44-04-21.1. The Larimore City Council scheduled a special meeting for August 13, 2002. The Larimore City Auditor advised

LETTER OPINION 2002-L-68 November 27, 2002 The Honorable Bill Bowman State Senate RR 2 Box 227 Bowman, ND 58623 Dear Senator Bowman: Thank you for your request for my opinion on whether a candidate who successfully ran for state’s attorney in two different counties may serve as state’s attorney in both counties. Your letter indicates that the candidate met with the county commissioners in both counties prior to the election to discuss her intentions and that the commissioners “had no objection.” The state’s attorney office in Bowman and Slope Counties is an elected pos

LETTER OPINION 2002-L-67 November 27, 2002 Mr. Jerry Renner Kidder County State’s Attorney PO Box 229 Steele, ND 58482-0229 Dear Mr. Renner: Thank you for your letter regarding the appointment of a state’s attorney in Kidder County after your term of office ends on January 6, 2003. You indicated you did not seek re-election and will not continue as state’s attorney. You also stated that the individual elected to the position in the November general election is a resident of another county and has notified the Kidder County auditor that he will not assume the position at the expiration of

LETTER OPINION 2002-L-66 November 15, 2002 Ms. Robin Huseby Barnes County State’s Attorney 230 4th St NW Valley City, ND 58072 Dear Ms. Huseby: Thank you for your letter requesting my opinion on the legality of the Barnes County Board of County Commissioners’ actions in advertising for the ex officio clerk of district court position. Chapter 27-05.2, N.D.C.C., enacted in 1999, changed the manner in which clerk of district court services are provided, how they are funded, and how the clerks of district court positions are filled. 1999 N.D. Sess. Laws ch. 278, § 50. Prior to the pertinent

LETTER OPINION 2002-L-65 November 14, 2002 Honorable Matthew M. Klein State Representative 1815 7th Street NW Minot, ND 58703-1314 Dear Representative Klein: Thank you for your third letter concerning school districts and guaranteed energy savings contracts. Your first question asks whether the term “capital avoidance” is a proper component of “operating” or “operation” costs under the guaranteed energy savings contract statutes (N.D.C.C. §§ 48-05-09 through 48-05-13). The statutes in question do not define any of the terms you ask about for purposes of guaranteed energy savings contracts i

LETTER OPINION 2002-L-64 November 7, 2002 Mr. Wayne P. Jones Ransom County State’s Attorney PO Box 391 Lisbon, ND 58054-0391 Dear Mr. Jones: Thank you for your request for my opinion on whether Ransom County may use money from its insurance reserve fund to pay for workers’ compensation insurance. Section 32-12.1-08, N.D.C.C., authorizes a political subdivision to establish an insurance reserve fund and levy a tax to provide those funds. A county is a political subdivision for the purposes of N.D.C.C. chapter 32-12.1. N.D.C.C. § 32-12.1-02(5)(a). Section 32-12.1-07, N.D.C.C

LETTER OPINION 2002-L-63 October 25, 2002 Honorable Merle Boucher State Representative PO Box 7 Rolette, ND 58366-0007 Dear Representative Boucher: Thank you for your letter inquiring about the legality of the North Dakota Wheat Commission using wheat checkoff monies for the purpose of lobbying. The one cent per bushel wheat checkoff is authorized by N.D.C.C. § 4-28-07. See also N.D.A.C. ch. 91-02-01. The wheat checkoff is the Wheat Commission’s sole source of funding. Letter from Neal Fisher, Administrator, North Dakota Wheat Commission to John Fox, Assistan

LETTER OPINION 2002-L-62 October 25, 2002 Mr. James Wold Griggs County State’s Attorney PO Box 541 Cooperstown, ND 58425-0541 Dear Mr. Wold: Thank you for your letter asking whether a county recorder may perform a marriage ceremony outside of the county for which the recorder was elected. “Ordinarily an officer who holds an office for a particular political subdivision is powerless to perform an official act when beyond the territorial limits of the political subdivision for which [the officer] was elected.” Markham v. Cornell, 18 P.2d 158, 159 (Kan. 1933). A county officer’s jurisdiction

LETTER OPINION 2002-L-61 October 25, 2002 The Honorable Dwight Wrangham House of Representatives District 8 301 52nd St SE Bismarck, ND 58501-8604 Dear Representative Wrangham: Thank you for your letter requesting my opinion on several issues relating to the McLean County Courthouse. You first ask whether the Board of County Commissioners (Board) properly used public funds in publishing an eight page newspaper insert containing information regarding a pending vote on whether to approve the construction of a new courthouse. The vote was required by N.D.C.C. § 11-11-18 b

LETTER OPINION 2002-L-60 October 21, 2002 Honorable Roger Johnson Agriculture Commissioner 600 East Boulevard Avenue, Dept. 602 Bismarck, ND 58505-0020 Dear Commissioner Johnson: Thank you for your letter asking whether the North Dakota Potato Council (“Council”) has statutory authority beyond that provided in N.D.C.C. § 4-10.1-04 to appoint one of its members. According to your letter, in May 2002, the Council mailed nominating petitions to eligible potato growers in District 4 seeking candidates. The incumbent District 4 member sent in a petition nominating himself. On

LETTER OPINION 2002-L-59 October 18, 2002 Mr. Timothy A. Priebe City Attorney PO Box 1097 Dickinson, ND 58602-1097 Dear Mr. Priebe: Thank you for your letter and attached materials requesting my opinion on whether a city park district may borrow funds from a bank to finance needed projects and equipment, repayable from projected oil revenues. Cities and other political subdivisions have only those powers necessarily conferred upon them by the Legislature, or those necessarily implied from the powers expressly granted. See Parker Hotel Company v. City of Grand Forks, 177 N.W.2d 764, 768 (N.D.

OPEN RECORDS AND MEETINGS OPINION 2002-O-10 DATE ISSUED: October 18, 2002 ISSUED TO: McKenzie School Board CITIZEN’S REQUEST FOR OPINION On July 23, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Renae Doan asking whether the McKenzie School Board violated N.D.C.C. § 44-04-20 by failing to give proper notice of a June 25, 2002, meeting and N.D.C.C. § 44-04-19 by holding an executive session. The request for an opinion was received July 23, 2002, within 30 days of the June 25 meeting in question. FACTS PRESENTED The McK

LETTER OPINION 2002-L-58 October 15, 2002 Mr. James T. Odegard Grand Forks County State’s Attorney PO Box 5607 Grand Forks, ND 58206-5607 Dear Mr. Odegard: Thank you for your letter asking whether an alcoholic beverage retailer who owns and operates more than one retail store may purchase a large shipment of liquor and distribute the shipment to more than one store under the same ownership. The State of North Dakota licenses both alcoholic beverage retailers and alcoholic beverage wholesalers. N.D.C.C. chs. 5-02 and 5-03. Neither chapter defines the terms “retail” or

LETTER OPINION 2002-L-57 October 14, 2002 Mr. Ronald A. Reichert Medora City Attorney PO Box K Dickinson, ND 58602-8305 Dear Mr. Reichert: Thank you for your letter requesting my opinion about whether an initiated ordinance rejecting the purchase of water under an existing contract is valid. The City of Medora (City) contracted with the North Dakota State Water Commission (Commission) on March 23, 1983, to purchase a certain quantity of water under the Southwest Pipeline Project system. See Southwest Pipeline Project Water Service Contract (Contract) No. SWC-1736-18. See als

LETTER OPINION 2002-L-56 October 14, 2002 Mr. Paul Murphy Steele County State’s Attorney PO Box 355 Finley, ND 58230-0355 Dear Mr. Murphy: You ask whether the sheriff is entitled to a commission under N.D.C.C. § 11-15-08 regarding a foreclosure by advertisement. Section 11-15-08, N.D.C.C., provides that the sheriff is entitled to a commission 1 “on all moneys received and disbursed by the sheriff on an execution, order of sale, order of attachment, requisition in claim and delivery, or decree for the sale of real . . . property.” Furthermore, N.D.C.C. § 35-22-01 provides for the forec

LETTER OPINION 2002-L-55 October 4, 2002 The Honorable Aaron Krauter State Senate HC 1, Box 27 Regent, ND 58650-9721 Dear Senator Krauter: Thank you for your letter requesting my opinion on two statutes that make certain information relating to the Public Employees Retirement System (PERS) and the state’s uniform group insurance program confidential. Your first question asks whether amendments the 2001 Legislature made to N.D.C.C. § 54-52-26 preclude elected and appointed officials from having access to certain records within their offices. The 2001 Legislature amended N.D.C.C. § 54-52-26

LETTER OPINION 2002-L-54 October 3, 2002 Mr. William J. Brudvik City Attorney PO Box 547 Mayville, ND 58257-0547 Dear Mr. Brudvik: Thank you for your message asking about potential conflicts of interest based on a city mayor being employed by a college as foundation director, and asking if the mayor could declare a conflict and abstain from participating in a city sales tax initiative involving the college. Numerous statutes relate to conflicts of interest by public officials. Those that have application to city government include N.D.C.C. §§ 12.1-12-03 (declaring it unlawful to receive com

LETTER OPINION 2002-L-53 October 2, 2002 The Honorable John T. Traynor State Senate PO Box 838 Devils Lake, ND 58301-0838 Dear Senator Traynor: Thank you for your September 11, 2002, letter asking whether a change of the Devils Lake Public School District’s name to “Devils Lake Public School District - Home of the Satans” 1 would violate the Establishment Clause of the United States Constitution or similar provision in the North Dakota Constitution. You also ask whether the issue of the name change would be required to be placed on the ballot for a public vote under N

LETTER OPINION 2002-L-52 October 2, 2002 Mr. Allen M. Koppy Morton County State’s Attorney 210 2nd Avenue NW Mandan, ND 58554 Dear Mr. Koppy: Thank you for your letter asking if Morton County may require the use of a surveyed subdivision plat, as opposed to an “auditor’s plat,” for the sale of part of a quarter of land. Your letter states that persons have sought to sell portions of rural real estate by submitting an auditor’s lot or auditor’s plat description rather than submitting a subdivision plat. According to information provided to this office, Morton County has a

FORMAL OPINION 2002-F-10 DATE ISSUED: September 27, 2002 REQUESTED BY: Richard Riha, Burleigh County State’s Attorney QUESTION PRESENTED Whether N.D.C.C. § 14-03-17(4), which requires an applicant for a marriage license to provide his or her social security number, applies to individuals who do not have a social security number. ATTORNEY GENERAL’S OPINION It is my opinion that the requirement to provide one’s social security number on a marriage license application does not apply to persons who do not have a social security number. ANALYSIS Under North Dakota law, “[e]ach application for

LETTER OPINION 2002-L-51 September 24, 2002 Mr. Keith Kiser Director, Motor Vehicle Division Department of Transportation 608 East Boulevard Avenue Bismarck, ND 58505-0700 Dear Mr. Kiser: Thank you for your letter asking whether motor vehicle dealer licensing laws apply to motor vehicle leasing companies. Motor vehicle dealers are required to be licensed under N.D.C.C. ch. 39-22. A “dealer” means “every person, partnership, corporation, or limited liability company engaged in the business of buying, selling, or exchanging motor vehicles, or who advertises, or who holds out to the public as

FORMAL OPINION 2002-F-09 DATE ISSUED: September 24, 2002 REQUESTED BY: Richard Riha, Burleigh County State’s Attorney QUESTIONS PRESENTED I. Whether contributions by the Burleigh County Commission to the Bismarck-Mandan Symphony Orchestra to aid in the cost of a Fourth of July celebration on the State Capitol grounds since 1997 were proper. II. If the donations made from 1997 through 2002 were improper, what is the remedy? ATTORNEY GENERAL’S OPINIONS I. It is my opinion that a county without home rule authority may not donate money to a nonprofit organization in order to defray costs of a

OPEN RECORDS AND MEETINGS OPINION 2002-O-09 September 17, 2002 Mr. Nevin Van de Streek Minot City Attorney 201 Main St S Ste 200 Minot, ND 58701-3947 Mr. Lynn M. Boughey Attorney At Law PO Box 1206 Minot, ND 58702-1206 Mr. Gary H. Lee Attorney At Law PO Box 1180 Minot, ND 58702-1180 Gary H. Lee, counsel for the Minot Area Chamber of Commerce (Chamber), and Minot attorney Lynn M. Boughey, requested an opinion under N.D.C.C. § 44-04-21.1 regarding whether records and meetings of the Chamber’s Task Force 21 (Chamber Task Force), a purported public entity are open. The Minot Air Fo

LETTER OPINION 2002-L-50 August 29, 2002 Mr. Wayne P. Jones Ransom County State’s Attorney PO Box 391 Lisbon, ND 58054-0391 Dear Mr. Jones: Thank you for your letter asking whether a sheriff making service of process must possess the original documents at the time of making service. The duties of the sheriff include serving all process or notices in the manner prescribed by law; endorsing on all notices and process received the year, month, day, hour, and minute of reception; and certifying on each process or notice the time and manner of service, or the reasons for failing to make service.

LETTER OPINION 2002-L-49 August 27, 2002 The Honorable Eliot Glassheim House of Representatives 619 N 3rd St Grand Forks, ND 58203-3203 Dear Representative Glassheim: Thank you for your letter regarding the authority of the Board of Animal Health to issue quarantine orders similar to its March 27, 2001, order entitled “In the matter of Emergency Measures related to Foot and Mouth Disease” (Order). The Order has four paragraphs. The first paragraph requires all domestic animals and nontraditional livestock to have an importation permit prior to entry into North Dako

LETTER OPINION 2002-L-48 August 9, 2002 Mr. Wade Enget New Town City Attorney PO Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter asking whether New Town can impose, on its residents who are members of the Three Affiliated Tribes, a $2.00 public safety assessment, a $1.00 civil defense assessment, and a $2.00 street lights assessment. These three assessments are itemized on the monthly “water, sewer, and garbage” statement the city sends to each resident. Your letter refers to a prior opinion from this office on a similar subject. Letter from Attorney

LETTER OPINION 2002-L-47 August 2, 2002 Mr. Robert W. Harms Governor’s Counsel Governor’s Office 600 East Boulevard Avenue Bismarck, ND 58505 RE: Gaming on Lake Sakakawea Dear Mr. Harms: Thank you for your May 20, 2002, letter in which you ask about a proposal by the Three Affiliated Tribes to conduct gaming on Lake Sakakawea. The Tribe has a casino overlooking the lake but wishes to expand its gaming operation by offering a “casino boat” on the lake. You ask for an opinion on “the Governor’s authority to permit Indian gaming on Lake Sakakawea within the exterior boundaries of the reser

LETTER OPINION 2002-L-46 July 24, 2002 Mr. Fritz Fremgen Stutsman County State’s Attorney 511 2nd Ave NE Jamestown, ND 58401 Dear Mr. Fremgen: Thank you for your letter regarding the issuance of subpoenas and the public official’s immunity when participating in that process. I will respond separately to each of your questions. First, you asked whether a state’s attorney may assist in an investigation by issuing a subpoena for records of a telephone company under the provisions of Rule 17 of the North Dakota Rules of Criminal Procedure (N.D.R. Crim. P.) when no criminal charge has been draft

LETTER OPINION 2002-L-45 July 22, 2002 Mr. Neil W. Fleming Pembina City Attorney PO Box 633 Cavalier, ND 58220-0633 Dear Mr. Fleming: Thank you for your letter requesting my opinion on whether there is a minimum number of votes required for a write-in candidate to be elected to the city council. You enclosed copies of three opinions issued by this office which, as you note, appear to be inconsistent. I will briefly discuss each opinion. The 1960-62 N.D. Op. Att’y Gen. 33 (discussing how many write-in votes a candidate for the city council must receive in order to be declared elected), addre

LETTER OPINION 2002-L-44 July 19, 2002 Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your letter raising several questions about the propriety of registering certain phrases as trademarks with your office. The phrases in question relate to waiving or paying automobile insurance deductibles. They include phrases like “Free Windshield”; “We don’t have to accept your deductible”; “Deductibles Waived”; “Deductibles Paid”, etc. The phrases in question were registered under classification

LETTER OPINION 2002-L-43 July 19, 2002 Ms. Merle A. Torkelson McLean County State’s Attorney PO Box 1108 Washburn, ND 58577-1108 Dear Ms. Torkelson: Thank you for your letter requesting an Attorney General’s opinion on whether a rural ambulance service district may increase its levy from five mills to ten mills without approval of the electors in the district. The 2001 Legislative Assembly authorized the levy for a rural ambulance service district to be increased from five mills to up to ten mills. 2001 N.D. Sess. Laws ch. 511, § 3, codified as N.D.C.C. § 57-15-26.5. 1 That tax levy must

OPEN RECORDS AND MEETINGS OPINION 2002-O-08 DATE ISSUED: July 19, 2002 ISSUED TO: David A. Sprynczynatyk, Director North Dakota Department of Transportation CITIZEN’S REQUEST FOR OPINION Mark Hager sent a request to this office under N.D.C.C. § 44-04-21.1 asking whether the North Dakota Department of Transportation (DOT) violated N.D.C.C. § 44-04-18 by refusing to release contractor payroll reports filed with the DOT. FACTS PRESENTED Labor union representatives requested copies of the certified payroll reports that are filed with the DOT weekly by contractors performing federal-aid

LETTER OPINION 2002-L-42 July 12, 2002 Honorable Matthew M. Klein State Representative 1815 7th Street NW Minot, ND 58703-1314 Dear Representative Klein: Thank you for your letter asking about a school district entering into a guaranteed energy savings contract under N.D.C.C. §§ 48-05-09 through 48-05-13. 1 You ask whether the school district violated the above sections of law by stating in its request for proposals (RFP) for the energy saving contract that only contractors with five years’ experience in energy management could submit proposals and that there must be seamless integration wi

LETTER OPINION 2002-L-40 July 12, 2002 Honorable Alvin A. Jaeger Secretary of State 600 East Boulevard Avenue Bismarck, ND 58505 Dear Secretary of State Jaeger: Thank you for your letter requesting my opinion on whether you are permitted to issue a contractor’s license to an applicant who is a minor under state law. As you note, the chapter of law dealing with contractor licensing is silent on this issue. See N.D.C.C. ch. 43-07. However, you ask whether any other provisions of state law would prevent you from issuing a contractor’s license to a minor. A minor is defined in state law as

LETTER OPINION 2002-L-39 July 12, 2002 Ms. Linda Hickman Williams County State’s Attorney PO Box 2047 Williston, ND 58802-2047 Dear Ms. Hickman: Thank you for your letter asking numerous questions about the county recorder’s duties under N.D.C.C. § 30.1-11-01, regarding the safekeeping of wills. Section 30.1-11-01, N.D.C.C., is part of North Dakota’s enactment of the Uniform Probate Code. N.D.C.C. § 30.1-01-01. As originally enacted, N.D.C.C. § 30.1-11-01 allowed a testator to deposit a will “with any court for safekeeping, under rules of the court.” 1973 N.D. Sess. Laws ch. 257, § 1.

FORMAL OPINION 2002-F-08 Date Issued: July 12, 2002 Requested by: Mr. Sparb Collins, Executive Director, NDPERS QUESTIONS PRESENTED I. Whether the current statutory provisions governing the Public Employees Retirement System (PERS) comply with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)? II. Whether a member returning from active duty may make a lump sum contribution to their Internal Revenue Code section 457 deferred compensation account and retroactively vest in the employer contribution under North Dakota Century

OPEN RECORDS AND MEETINGS OPINION 2002-O-07 DATE ISSUED: July 12, 2002 ISSUED TO: Kindred Public School District No. 2 CITIZEN’S REQUEST FOR OPINION On May 7, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Daniel Rugroden asking whether the Kindred Public School Board (Board) violated N.D.C.C. § 44-04-20 by failing to give notice of certain meetings. Mr. Rugroden alleged that the Board held a series of meetings at the Kindred Public School on April 1, 2, 3, and 8, 2002, to interview applicants for school superintendent a

LETTER OPINION 2002-L-38 June 27, 2002 Mr. Fritz Fremgen Stutsman County State’s Attorney 511 2nd Avenue SE Jamestown, ND 58401 Dear Mr. Fremgen: Thank you for your letter asking whether a county with a home rule charter is authorized to pass an ordinance providing for a criminal charge or criminal penalty. Counties without a home rule charter do not have general authority to enact a criminal ordinance, and may only enact a criminal ordinance where there is a specific state law providing a criminal penalty for violation of a county ordinance. 1999 N.D. Op. Att’y Gen. L-33, 1984 N.D. Op. Att

LETTER OPINION 2002-L-37 June 27, 2002 Mr. Nevin Van de Streek Minot City Attorney PO Box 1697 Minot, ND 58702-1697 Dear Mr. Van de Streek: Thank you for your letter inquiring about the state’s interest in $3,000.00 in currency found by a private citizen and turned in to the Minot Police Department. It is my opinion that the money should be submitted to the Unclaimed Property Division of the North Dakota State Land Department, and that the finder is entitled to a reasonable reward. Under common law, the finder of lost or abandoned property has a claim superior to that of anyone except the t

OPEN RECORDS AND MEETINGS OPINION 2002-O-06 DATE ISSUED: June 27, 2002 ISSUED TO: Fabian E. Noack, Secretary Foster County Water Resource Board CITIZEN’S REQUEST FOR OPINION On April 26, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Erickson regarding whether over a month’s delay in furnishing copies of open records is a violation of N.D.C.C. § 44-04-18. On May 8, 2002, this office received a request for an opinion under N.D.C.C. § 44-04-21.1 from Richard Erickson a

LETTER OPINION 2002-L-36 June 20, 2002 Mr. Jim W. Smith Legislative Budget Analyst and Auditor North Dakota Legislative Council 600 E Boulevard Ave Bismarck, ND 58505-0360 Dear Mr. Smith: Thank you for your letter forwarding a request for my opinion from the Legislative Council Budget Section concerning the provision in N.D.C.C. § 54-27-08. That section requires the State Treasurer to utilize the services provided by the Information Technology Department (ITD) concerning electronic records and electronic signatures. Section 54-27-08, N.D.C.C., addresses how money is

LETTER OPINION 2002-L-35 June 7, 2002 Honorable Ralph Metcalf State Representative 11819 33rd Street SE Valley City, ND 58072-9404 Dear Representative Metcalf: Thank you for your letter regarding 2001 House Bill 1023 as it pertains to the Water Commission’s authority to cost-share on water quality projects. You ask three questions about the bill. The legislation amended N.D.C.C. § 61-01-26 which declares the state’s water resources policy, and N.D.C.C. § 61-02-14 which describes the Water Commission’s powers and duties. The first question asks whether sections 10 and 13

LETTER OPINION 2002-L-34 June 7, 2002 Honorable Francis J. Wald State Representative 433 7th St E Dickinson, ND 58601-4525 Dear Representative Wald: Thank you for your letter regarding hunting on county road rights-of-way. You ask whether the use of federal funds for the construction or reconstruction of county roads and rights-of-way negates the position of the North Dakota Game and Fish Department that persons owning land adjoining these roads can close them to hunting. The Game and Fish Department’s “position” referred to in your letter is expressed in various hunting guides published by

LETTER OPINION 2002-L-33 June 6, 2002 Honorable Francis J. Wald State Representative PO Box 926 Dickinson, ND 58602-0926 Dear Representative Wald: Thank you for your letter asking whether the city of Grand Forks was required to comply with the state bidding statutes when the Grand Forks Growth Fund Authority loaned public funds to finance improvements to a city-owned building that is leased to Cirrus Design (Cirrus), an airplane manufacturing business. You indicated that Cirrus hired an architect to design improvements to the heating, ventilation, and air conditioning (HVAC) system of the c