North Dakota AG Opinions, 1966

OPINION 66-181 February 17, 1966 (OPINION) Colonel Ralph M. Wood Superintendent Highway Patrol RE: Motor Vehicles - Equipment - Flashing Lights This is in reply to your request for an official interpretation and opinion as to whether subsection 3 of section 39-21-26 of the North Dakota Century Code permits the use of a flashing amber light on a stalled motor vehicle or a slow moving farm vehicle, which is not classified as an emergency vehicle. You enclose a sample of such a light to aid in making this determination. The light enclosed is denominated on the package as an "As

OPINION 66-60 February 16, 1966 (OPINION) The Honorable Charles Tighe Lieutenant Governor RE: Cooperatives - Grazing Association - Corporate Farming This is in response to your letter in which you ask for an opinion on the following questions: 1. Is a cooperative grazing association organized pursuant to chapter 36-08 of the North Dakota Century Code and which has seventy-five percent of its members or stockholders as actual farmers residing on farms or depending principally on farming for their livelihood, exempt from the provisions of chapter 10-06 of the North Dakota Cent

OPINION 66-227 February 11, 1966 (OPINION) Mr. Albert A. Wolf State's Attorney Burleigh County RE: Printing - Election Ballot - Cost This is in response to your request for an opinion as to the printing charges for publishing the sample ballot preceding elections. You advise that the rate charged varies from county to county. You also submit for our examination copies of the printed ballots and publications of the sample ballots as they appeared in the various official newspapers. The form of the election ballot is prescribed in section 16-11-04 of the North Dakota Centur

OPINION 66-150 February 11, 1966 (OPINION) Mrs. Freda Hatten Acting Director Library Commission RE: Libraries - Board of Directors - Term This office acknowledges receipt of your letter of February 8, 1966, with reference to Section 40-38-03 as amended by the 1965 Legislature. The particular amendment involved reads as follows: No member of such board shall serve for more than two consecutive terms, after which an interval of one year must elapse before the same member may be reappointed." The effective date of the amendment was July 1, 1965. In your letter you state that "

OPINION 66-239 February 9, 1966 (OPINION) Mr. Wallace E. Warner Securities Commissioner RE: Securities - Exemption - Interpretation This is in response to your request for an official opinion clarifying the language found in section 10-04-05(2) of the North Dakota Century Code, as amended. This subsection is under the general heading, "EXEMPT SECURITIES", and provides as follows: * * * * Sections 10-04-04, 10-04-07, 10-04-07.1 and 10-04-08 shall not apply to any of the following securities: * * * * 2. Securities issued by a national bank or a national bank and trust compa

OPINION 66-359 February 8, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Farm Residence - Exemption This is in reply to your request for an opinion of this office in regard to the tax-exempt or non-tax-exempt status of property as farm residence, with particular regard to the new statutory provision contained in section 57-02-01, subsection 10, of the 1965 Supplement to the North Dakota Century Code. You inform us that the questions you present are general in that they are not intended to identify any particular farm residence or owner or occupant of a farm r

OPINION 66-416 February 4, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Credits and Refunds We have received your letter of February 2, 1966, in which you requested our opinion on two questions relating to credits or refunds for use taxes paid by retailers who made clerical errors or mistakes on use tax returns filed by them with your office. Your questions are quoted below as they appear in your letter: 1. Can a refund or credit for use taxes be granted under the above circumstances pursuant to section 57-40-16 of the North Dakota Century Code,

OPINION 66-327 February 4, 1966 (OPINION) Mr. Walter Hjelle Highway Commissioner RE: State - Public Moneys - Highway Funds Recently you asked this office for an opinion relative to the following question: "Are the provisions of section 54-27-15.1, supra, and its companion statutes, valid as to highway department moneys, in view of the provisions of Article 56 of the Constitution?" Article 56 of the North Dakota Constitution was enacted by initiative petition and approved by the voters on June 25, 1940. The gist of the provision remains the same today, with the exception tha

OPINION 66-177 February 4, 1966 (OPINION) Brig. Gen. LaClair A. Melhouse Adjutant General RE: Military Service - State Employees - Leave This is in response to your letter in which you state that some uncertainty exists among several governmental agencies in regard to the meaning of section 37-01-25 of the North Dakota Century Code. You then submit the following questions and ask for our opinion thereon: 1. Would a departmental leave policy limiting military leave to 14 days for a person otherwise qualified to receive military leave under section 37-01-25 be invalid and con

OPINION 66-299 February 3, 1966 (OPINION) Mr. James O. Fine, Chairman Board of Administration RE: State - Conveyance of Real Estate - Reservation This is in reply to your letter dated January 27, 1966, in regard to the above. You enclose a copy of a letter received from Mr. F. J. Smith in regard to the "reservation" of minerals which were contained in the documents executed for the above described real estate. You ask that we advise you as to whether or not corrective documents could be made which would not contain any reservaiton of minerals as indicated in Mr. Smith's let

OPINION 66-385 February 2, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Municipal Industrial Development - Assessment and Exemption This is in reply to your letter of January 26, 1966, relative to the tax exemption provisions of section 40-57-17 of the North Dakota Century Code, a section of the Municipal Industrial Development Act. You refer to our opinion of November 29, 1965, and note that since that opinion further questions have arisen. You ask the following questions: 1. Under present law (section 57-02-11, N.D.C.C.) for the assessment and taxat

OPINION 66-464 January 27, 1966 (OPINION) Mr. Vernon S. Cooper Secretary - Treasurer Garrison Diversion Conservancy District RE: Waters - Irrigation District - Procedure on Election for Contract Approval This is in response to your letter in which you ask for an opinion as to the procedure that should be followed in conducting the canvass of the election returns on elections pertaining to the approval or disapproval of repayment contracts between the irrigation districts and the United States. You state that you are interested particularly in the time that such canvass must

OPINION 66-462 January 27, 1966 (OPINION) Mr. Milo Hoisveen State Engineer RE: Waters - Irrigation District - Notice of Hearing for Establishment This is in reply to your letter of January 26, 1966, in which you set forth the following facts and questions; On January 3, 1966 a group of landowners filed a petition with the State Engineer to establish an irrigation district in Wells County near Harvey. On January 13 and 20. 1966 a Notice of Hearing was published in the Harvey Herald, Harvey, North Dakota, which noted the time, place, and date of a hearing on the petition. The

OPINION 66-473 January 26, 1966 (OPINION) Mr. Gordon Berg Chairman Sweetwater-Dry Lake Water Management District Devils Lake, North Dakota RE: Waters - Water Management District - Compensation of Owners of Riparian Land Mr. F.E. Foughty, Secretary of the Sweetwater-Dry Lake Water Management District, has requested this office to issue an opinion to you based upon the following facts contained in Mr. Foughty's letter of January 22, 1966: Sweetwater Lake is a complex of small lakes located north of Devils Lake. A number of coulees flow into Sweetwater Lake, draining an area

OPINION 66-434 January 26, 1966 (OPINION) Mr. Jack D. Paul, Executive Secretary North Dakota Trade Commission RE: Trade Commission - Retail Outlets - License This is in reply to your letter dated January 18, 1966, wherein you made reference to an opinion given to the North Dakota Trade Commission on November 5, 1965, and asked for further clarification of chapter 51-10 of the North Dakota Century Code. With your letter you enclosed three letters received by the Trade Commission. All of these letters concerned the question of whether a company that has retail outlets, etc., th

OPINION 66-478 January 19, 1966 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission RE: Weather Modification - Unorganized Townships - Expenditures This is in reply to your letter of January 11, 1966, requesting our opinion relating to Weather Modification Laws. You call to our attention the provision of section 58-03-07 of the North Dakota Century Code and the addition of section 19 thereto in the 1965 Supplement to the North Dakota Century Code so that insofar as here applicable same provides: POWERS OF ELECTORS. The electors of each township have the power at t

OPINION 66-390 January 18, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Per Capita School Tax - National Guard Exempt This is in answer to your letter of January 11, 1966, in which you requested my opinion on the question of whether members of the North Dakota National Guard are exempt from payment of the one dollar per capita school tax that is imposed pursuant to section 57-15-23 of the North Dakota Century Code. In addition to our own research in the matter, we have considered the various materials and information which you furnished showing the legislati

OPINION 66-134 January 17, 1966 (OPINION) Mr. George M. Thompson, Investment Director The Bank of North Dakota RE: Investment Board - Investment of Funds - Equipment Trust Certifi This is in response to your letter in which you make reference to a pamphlet prepared by Salomon Brothers & Hutzler on "Equipment Trust Certificates." You then ask for an opinion whether or not the "Equipment Trust Certificates" described therein come within the provisions of Section 21-10-07 of the North Dakota Century Code, as enacted by Chapter 205 of the 1963 Session Laws. The specific statutory

OPINION 66-30 January 14, 1966 (OPINION) Mr. Howard J. Snortland Department of Public Instruction RE: Bonds - Custody - Bond Register This is in reply to your letter of January 11, 1966, relative to Sections 21-03-22 and 21-03-40 of the North Dakota Century Code, as amended. In your letter you quote two questions which have been presented by one of the county superintendents of schools. The questions are as follows: "In our county we have two school districts that have a population of one thousand or more but not over fur thousand, to whom shall the bonds be delivered to m

OPINION 66-345 (Jan 12) January 12, 1966 (OPINION) Mr. Neil Thompson State's Attorney Ramsey County RE: Taxes - Delinquent Special Assessments - Sale This is in response to to your request for a formal opinion on the following facts: Real estate which is located in Devils Lake, North Dakota, had been subject to special assessments which were not paid. The property was brought up for sale under the appropriate provisions of law, Title No. 57. At the time the property was up for sale no bids were received from anyone on the specific property. You inquire whether or not th

OPINION 66-237 January 12, 1966 (OPINION) Mr. Calvin A. Calton Divide County State's Attorney RE: Public Welfare - Estates - Preferred Claim This is in reply to your letter of January 6, 1966, in regard to the interpretation of sections 50-24-33 and 30-18-18 of the 1965 Supplement to the North Dakota Century Code. You state that you question: Where an individual has received assistance to the aged and a funeral bill of more than $250.00 and expense of last illness of recipient were not authorized or paid by the county agency, may the estate properly pay such funeral expenses

OPINION 66-16 January 12, 1966 (OPINION) Honorable Ben Meier Secretary of State RE: Architects - Incorporation - Directors and officers This is in response to your request for an opinion pertaining to Chapter 10-31, as amended by Chapter 106 of the 1963 Session Laws. Your specific questions are as follows: "Must architects be incorporated under the Professional Corporation Act or may they be incorporated under the Business Corporation Act? "Providing architects must be incorporated under the Professional Corporation Act, must all incorporators be licensed architects? Also,