North Dakota AG Opinions, 1949

OPINION 49-7 March 8, 1949 (OPINION) APPROPRIATION RE: Fuel Tax Division Your letter of March 7 addressed to the Attorney General has been duly received and contents noted. You state that under Chapter 57 of the Session Laws of 1947 the Legislature appropriated $10,000 to be set aside in the State Treasury for the purpose of defraying the expenses of the maintenance and operation of the Motor Vehicle Fuel Tax Division in the office of the State Treasurer for the biennium beginning July 1, 1947, and ending June 30, 1949. The appropriation is broken down as follows: Clerk Hire

OPINION 49-143 March 2, 1949 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Dentists - Dental Hygienist Your letter of February 28, 1949, addressed to the attorney general, has been assigned to me for attention. You desire a ruling from this office as to whether or not, under the dental hygienist law, the dental hygienist may apply sodium fluoride to the teeth. You also inquire as to whether or not a dental assistant may apply sodium fluoride to the teeth. Answering your last question first, will say that under our law there is no provision permitting a dental assistant, whom we t

OPINION 49-67 March 1, 1949 (OPINION) GAME AND FISH RE: Big Game Animals Re: Senate Bill No. 130 Your letter of February 28, re the above, has been received and sent to my desk. Reading section 20-0507 as a whole, it is our opinion that the hunter immediately after killing a big game animal and taking possession thereof, must do two things: 1. Affix to the carcass of such animal the stub or tag of his big game hunting license; 2. Affix to the carcass of such animal, before it is transported in any manner, or offered for transportation, a metal locking seal, as provided i

OPINION 49-149 February 26, 1949 (OPINION) OFFICERS RE: County Judge Your letter of February 22, stating that Judge Backlund of the LaMoure County court has acted at the written request of the county judge of Ransom County in several matters. You also state that Judge Backlund has submitted a bill covering the actual expenses he incurred and a per diem. It is our opinion that the judge, whether he is acting as judge in his own county or an adjoining county pursuant to law, is drawing a salary covering his official acts and that he is not entitled to a per diem while acting o

OPINION 49-107 February 26, 1949 (OPINION) LEGISLATURE RE: Senate Bill 30 Your letter of February 25 addressed to the Attorney General has been received in which you request an opinion from this office regarding the legal status of Senate Bill 30 in the light of the action by the House of Representatives on Thursday, February 24, printed in the House Journal beginning on page 923 through page 925. You state that the request for the opinion is made because of the question as to the proper use of the expunging motion made by Representative Fitch. According to the House Journal

OPINION 49-177 February 23, 1949 (OPINION) TAXATION RE: Extension of Discount This office is in receipt of your letter of February 19 relative to the above entitled matter and contents of same have been noted. Senate Bill No. 239 is an amendment of Section 57-2009 of the North Dakota Revised Code of 1943. The amendment is short and provides as follows: Whenever the county commissioners, by resolution, determine that an emergency exists in any county by virtue of weather or other catastrophe they may extend the discount period to March 15, 1949." The first question is whethe

OPINION 49-81 February 22, 1949 (OPINION) GAME AND FISH RE: Responsibility of County Auditor Re: Chapter 20-03 N.D.R.C. 1943 Your letter of February 21, 1949, re issuance of hunting licenses, has been received by the attorney general and sent to my desk for attention. It appears from your letter that a certain county auditor delivered a block of hunting license blanks to a hardware dealer and authorized him to issue licenses and collect the fees therefor; that these blanks to a hardware dealer and authorized him to issue licenses and collect the fees therefor; that these blank

OPINION 49-176 February 22, 1949 (OPINION) TAXATION RE: Alcoholics Anonymous Exempt I acknowledge receipt of your letter of February 21, 1949, and copy of a letter from Mr. P. W. Lanier, Jr., attorney at Fargo, North Dakota, relative to the taxation of the Silver Dollar S.O.S. Society at Fargo. You ask me whether or not it is the opinion of this office that the Silver Dollar S.O.S. Society, as a branch of the National Alcoholics Anonymous Association, is exempt from taxation in the state of North Dakota. In reply, I wish to quote you subsection 11 of section 57-0208 of the No

OPINION 49-32 February 17, 1949 (OPINION) COUNTIES RE: Commissioners - Per Diem and Expenses Re: Section 11-10101 1947 Supplement Your letter of February 15, 1949 has been received and sent to my desk. You ask: "Have I a right to bill the county for $6.00 plus $2.00 for mileage and meals while in session one day?" Section 11-10101 of the 1947 Supplement to the North Dakota Revised Code of 1943 by its terms applies only to meetings lasting more than one day. Therefore, the $2.00 charge provided by subsection 2 of this section may not be charged by a commissioner if the me

OPINION 49-102 February 15, 1949 (OPINION) LEGISLATURE RE: Gas Tax Increase Must Have Two-Thirds Vote You have requested the opinion of this office as to whether or not House Bill 306 is an amendment of the initiated law of 1926 known as the gasoline tax law and if so, whether it requires a two-thirds majority for enactment. The initiated measure of 1926 defines dealer as including any person or persons, firm, association or corporation who imports or causes to be imported from any other state or county any motor vehicle fuel for operating or propelling motor vehicles for use,

OPINION 49-178 February 14, 1949 (OPINION) TAXATION RE: Hail Taxes Your letter of February 11th, requesting an opinion as to whether or not delinquent hail taxes assessed prior to bankruptcy under the Frazier-Lemke Act, are extinguished by the bankruptcy proceedings, has been received and has come to my desk for reply. During the bankruptcy proceeding an opportunity is given to all creditors to file their claims against the bankrupt. If the claims are valid and allowed, they would have to be paid during the course of bankruptcy proceedings. If the claim is not filed, and he

OPINION 49-111 February 10, 1949 (OPINION) LEGISLATURE RE: Two-thirds vote Necessary Your letter of February 10 addressed to the Attorney General has been received and contents duly noted. You request the opinion of this office as to whether House Bills 230 and 243 are amendments to the initiated measures covering sales, licenses and control of liquor. Section 1 of House Bill 230 provides: "Before any person, association, co-partnership or corporation shall engage in the sale at wholesale of liquor within this state, such person, association, co-partnership or corporation sh

OPINION 49-172 February 5, 1949 (OPINION) SOLDIERS AND SAILORS RE: Taxation by State We have your letter of January 31, 1949, enclosing True Extract copies of "Soldiers' and Sailors' Relief Act of 1940, and Amendments of 1942," War Department Bulletin No. 14, "An Act to Amend Section 514 of the Soldiers' and Sailors' Relief Act," and Joint Army and Air Force Bulletin No. 48, relative to liability for payment of state personal property tax by personnel of the Armed Forces. You state that in your official capacity as Executive, North Dakota Military District, and the coordinator

OPINION 49-62 February 4, 1949 (OPINION) FEES RE: County Insanity Board Re: Section 25-0315, fees of members of county board of insanity. Your letter of February second asking our interpretation of the above section and in particular as to whether or not the physician who is a member of the board is entitled to per diem as a member of the board is sitting and also to the fee of five dollars for an examination of the person alleged to be insane has been received and referred to my desk. It is our opinion that the physician who is a member of the board is entitled to per diem of

OPINION 49-108 February 4, 1949 (OPINION) LEGISLATURE RE: Two-Thirds Vote Necessary Your letter of February 4 addressed to the Attorney General has been received and contents of same have been noted. You ask for the opinion of this office as to whether or not a two-thirds majority vote is necessary to pass Senate Bills 218 and 219. Senate Bill 218 is an act imposing a separate and additional tax on all sales at wholesale of alcoholic beverages, other than malt beverages, containing more than four percent of alcohol by weight but less than twenty-four percent of alcohol by weig

OPINION 49-97 January 31, 1949 (OPINION) JOINT TENANTS RE: Authority of County Court Re: Section 57-3729 of the 1943 Revised Code. Your letter of January 28, 1949, asking our opinion upon the following situation, has been received. You are particularly interested in joint tenancies when one of the joint tenants or owners is deceased. If the county court can determine without a regular probate proceeding that there would be no estate tax due, would it be proper for the county court to make an ex parte order directing the depositaries to deliver such securities to the surviv

OPINION 49-91 January 31, 1949 INSURANCE — Benefits in Riders This is in reply to your letter of January 28, 1949, requesting an opinion on the following matter: “I would like to have your opinion as to whether or not this phraseology, ‘the company will determine the amount of payment, if any, for a cutting operation not specified in this schedule’, in these two riders comply with Article 5 of Section 26-0338 of the North Dakota laws.” The general law is that when a law is

OPINION 49-117 January 13, 1949 (OPINION) LIQUOR RE: Effect of Bonus Bill Your letter of January 12 addressed to the Attorney General has been received and contents noted. You request the opinion of this office relative to Senate Bill No. 1 which was introduced in the Senate of the thirty-first Legislative Assembly of the state of North Dakota. You refer particularly to the provisions in said bill which provide for a tax on the sale of beer and liquor and whether or not in case such bill becomes a law, the people of the state by legislative enactment or through the initiativ

OPINION 49-53 January 11, 1949 (OPINION) ELECTIONS RE: State Board of This is in reply to your letter of January 6, 1949, requesting the attorney general's opinion on the following matters: 1. An opinion interpreting the provisions of chapter 43-09 and particularly sections 43-0909 and 43-0912 of the 1943 Revised Code. 2. An opinion defining the rights, duties, and powers of the state board of electricians with respect to disposition of applications for licenses from companies, partnerships, and corporations, as well as individuals. 3. An opinion setting forth the proce

OPINION 49-105 January 10, 1949 (OPINION) LEGISLATURE RE: President Pro Tempore--On What Question Lieutenant Governor May Vote You have propounded two questions upon which you desire the opinion of this office. 1. What is the required vote necessary in the senate for the election of a president pro tempore? 2. Section 77 of the state constitution provides that the lieutenant governor shall be president of the senate, but shall have no vote unless they be equally divided. On what questions may the lieutenant governor vote? Answer to Question No. 1. On January 5, 1949, S

OPINION 49-104 January 5, 1949 (OPINION) LEGISLATURE RE: President Pro Tempore of Senate This is in reply to your request for an opinion from this office as to the required number of votes to elect a president pro tempore of the senate. Section 31 of the state constitution provides that: "The senate at the beginning and close of each regular session, and at such other times as may be necessary, shall elect one of its members president pro tempore, who may take the place of the lieutenant governor under rules prescribed by law." Section 47 of the state constitution provides tha