North Dakota AG Opinions, 1969

OPINION 69-167 March 25, 1969 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Executions - Wages - Disclosure by Employer This is in reply to your letter of 20 February 1969 with regard to problems you have been having on executions under section 28-21-08 of the North Dakota Century Code wherein the sheriff is required to levy on property and money. You ask: "When the sheriff levys by execution upon an employer for wages or moneys that the employee has due him, is there an obligation on the part of the employer to disclose, at that time, whether or not the

OPINION 69-56 March 24, 1969 (OPINION) Mr. Comart M. Peterson Attorney for the Park District Tioga, North Dakota RE: Cities - Recreation Systems - Dances for Teen-Agers This is in reply to your letter with regard to the powers of a city recreation system under Chapter 40-55 of the North Dakota Century Code. You state that you have been presented specific questions as to whether they have authority to hold dances for the teen-agers, hire name bands, charge admission to defray the cost and at the same time invite teen-agers from surrounding towns to also attend. You state that

OPINION 69-536 March 21, 1969 (OPINION) Mr. Robert L. Eckert Richland County State's Attorney RE: Waters - Water Management Districts - Levy of Assessments in Municipality This is in reply to your letter of March 5, 1969, in which you request a determination as to whether a water management district's board of commissioners may, pursuant to chapter 61-21 of the North Dakota Century Code: 1) Levy a lump-sum assessment against an entire municipality for benefits received by only certain lots or parcels of land within such municipality as a result of the construction and maint

OPINION 69-37 March 5, 1969 (OPINION) Mr. John J. Tebelius Attorney at Law Harvey, North Dakota RE: Cities - Employment of City Officials by City - Mayor This is in response to your letter in which you set forth that the City of Harvey has employed the mayor as street commissioner to have full charge of street repair and maintenance subject to the orders of the Council. The City Council arranged the employment, set his hours of labor and determined the compensation to be paid. You also set out some reasons why this was done. You also take cognizance of Section 40-08-01 and Section 40-

OPINION 69-158 February 25, 1969 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Absent Voter Ballots - Special County Elections Excl This is in response to your letter in which you state that Cavalier County Memorial Hospital Association has made application to the County Commissioners of Cavalier County to call a special election, and the election has been called. You further advise that electors who are anticipating being absent from the county on the day of election have asked for absent voter ballots. You then ask for an opinion whether

OPINION 69-213 February 24, 1969 (OPINION) Mr. Donald R. Holloway Securities Commissioner State of North Dakota RE: Mineral brokers - Registration - Agent or employee You recently requested an opinion from this office in regard to the interpretation of various sections of Chapter 43-22 of the North Dakota Century Code. Your question is as follows: Is an agent or employee of a registered oil, gas, or mineral broker required to be registered as an oil, gas, or mineral broker while performing the functions of such broker on behalf of his registered principal or employer?" Sect

OPINION 69-364 February 19, 1969 (OPINION) Mr. Reuben Guenther State Supervisor of Manpower State Board for Vocational Education RE: State - Vocational Education - Contract with Private Agencies This is in reply to your letter of February 14, 1969, in which you ask the following question: May State funds appropriated to the State Board for Vocational Education for Manpower Developing and Training be used to reimburse private industry for training purposes?" The vocational education and vocational rehabilitation statutes are both found in chapter 15-20 of the North Dakota Centu

OPINION 69-301 February 7, 1969 (OPINION) Mr. Harold D. Schaft Shaft, Benson, Shaft and McConn Grand Forks, North Dakota RE: Schools - Contracts With Labor Unions - Authority This is in reply to your letter of February 4, 1969, relative to the authority of a school district to enter into a working agreement with a labor union representing all custodial, janitorial and engineering employees of the school district. You state the following facts and questions: On behalf of the Grand Forks Public School District No. 1, we request your opinion as to the authority of the School Boar

OPINION 69-350 January 22, 1969 (OPINION) Honorable Richard F. Larsen Lieutenant Governor Forty-first Legislative Assembly RE: State - Lieutenant Governor - Expenses This is in response to your letter in which you ask for a ruling from this office whether or not you may use the line item appropriation entitled "Fees and Services" in the Lieutenant Governor's budget to cover per diem expenses. You also mention that the Lieutenant Governor does not participate or receive a regular expense account allowed to members of the Legislature. You then ask if you can file a regular e

OPINION 69-327 January 16, 1969 (OPINION) Mr. Martin N. Gronvold Executive Director Old Age and Survivor Insurance System and the Social Security Contribution Fund RE: Social Security - Civil Defense Teachers - Employees You have inquired if the agency known as Civil Defense Adult Education can properly exclude certain monies from the term "wages" as it would be defined under the Social Security Act, (Chapter 52-10 of the North Dakota Century Code). Chapter 52-10 of the North Dakota Century Code concerns employees of the State of North Dakota and political subdivisions within

OPINION 69-376 January 14, 1969 (OPINION) Mr. Lester J. Schirado State's Attorney Morton County RE: Taxation - Collection of Personal Property Taxes - Sheriff's Milage This is in response to your letter in which you call our attention to Section 57-22-25 of the North Dakota Century Code and then ask whether or not a sheriff is limited to five cents per mile rather than ten cents per mile on the collection of delinquent personal property taxes for the miles actually and necessarily traveled. Section 57-22-25 as it appears now in its present form is the result of the enactment of Cha

OPINION 69-46 January 13, 1969 (OPINION) Miss Phyllis A. Ratcliffe City Attorney Watford City, North Dakota RE: Cities - Lease of Golf Course - Authority This is in reply to your letter of date 27 December 1968 with regard to prospective lease of municipal land for a golf course. Your questions are stated as: 1. Does a City Municipality have the power to lease certain of its real property to a private nonprofit corporation for the purpose of providing Golf Club facilities? 2. If the answer to question number 1 is in the affirmative, would the said lands be considered agri

OPINION 69-392 January 13, 1969 OPINION) Mr. Alph J. Overby State's Attorney Griggs County RE: Taxation - Excess Levy in School Districts - Failure to Notify County Auditor This is in reply to your two letters of date 30 December 1968 enclosing copy of notice of election with regard to a school district excess levy. You inform us, in essence, that during the past year a school district voted a 50 percent excess levy as provided in Chapter 57-16 of the North Dakota Century Code. Through an error, the certification of the approval by the voters did not reach the county auditor and this

OPINION 69-156 January 8, 1969 (OPINION) Mr. LeRoy P. Anseth State's Attorney Williams County RE: Criminal Procedure - Transcript - Indigent Defendants This is in reply to your request for an opinion concerning Section 29-07-15 of the North Dakota Century Code. This statute, copy of which you enclosed, provides as follows: TESTIMONY REDUCED TO WRITING - CONDITIONS - PAYMENT. Where the offense charged is a felony, on demand of the state or the defendant, all the testimony in the case must be reduced to writing in the form of depositions. When the offense charged is a mis

OPINION 69-370 January 7, 1969 (OPINION) Honorable Bernice Asbridge State Treasurer RE: Taxation - Alcoholic Beverages - Federal Instrumentalities Exempt This is in response to your letter in which you ask for an opinion on the construction of Section 5-03-04 of the North Dakota Century Code, as amended by the 1967 Legislature. You also enclosed correspondence and reference material you received from the commanding officer of an air base in North Dakota, which material, amongst other things, referred to AFR and military directives and manuals. Your specific questio

OPINION 69-81 January 3, 1969 (OPINION) Honorable Ben Meier Secretary of State RE: Contractors - License - Transfer to Corporation This is in response to your letter in which you ask an opinion on the following: "I respectfully request your opinion whether or not, under the contractor's license law, (Chapter 43-07 N.D.C.C.), an individual or a partnership who holds a valid contractors license may incorporate and have the corporation use the license held by the individual or the partnership or will it be necessary for the corporation to secure a new license in its own name in