North Dakota AG Opinions, 1970

OPINION 70-49 February 26, 1970(OPINION) Mr. John A. Zuger City Attorney Bismarck, North Dakota RE: Cities - Municipal Parking Authority - Eligibility of Personal P This is in response to your letter in which you state the following: "Section 40-61-02 makes provision as to who shall be the members of the Board of such Municipal Parking Authority. The Section says in part: "'For the purpose of this Section, a property owner shall be either a real estate owner, the beneficial owner of a leasehold on a building constructed on a railroad property, or the owner of a retail or wholesale p

OPINION 70-478 February 18, 1970 (OPINION) Mr. William W. Eichhorst State's Attorney Billings County RE: Taxation - Real Estate Taxes - Discount This is in reply to your letter of February 14, 1970, relative to section 57-20-09 of the North Dakota Century Code. You state the following facts and questions: I note that this section reads in part 'The county treasurer shall allow a five per cent discount to all taxpayers who shall pay all of the real estate taxes levied on any tract or parcel of real estate in any one year in full on or before February fifteenth prior to the d

OPINION 70-367 February 18, 1970 (OPINION) Mr. Leslie R. Burgum Assistant State's Attorney Stutsman County RE: Taxation - Agricultural Lands - Exemption This is in response to your request for an opinion whether or not certain property is exempt from taxation under the circumstances set out hereinafter: A taxpayer living in the City of Montpelier, Stutsman County, owns a tract of land in the unplatted area of that city but within the boundaries of the corporation. (Hereinafter referred to as Parcel A.) On this tract is his dwelling house and a machine shed. This tract o

OPINION 70-131 February 18, 1970 (OPINION) Honorable Robert B. Melland Senator, Twenty-ninth District Jamestown, North Dakota RE: Counties - Redistricting - Petitions for Election at Large This is in response to your letter in which you state that Stutsman County has determined that the county commissioners of the county will be elected on an at large basis rather than by districts. You then call our attention to section 16-04-04 of the North Dakota Century Code, as amended, and ask how its provisions may be applied to the petition requirements of persons seeking the office o

LETTER 70-436 February 10, 1970 (OPINION) Mr. Byron L. Dorgan State Tax Commissioner RE: Taxation - Motor Vehicle Use Tax - Refund This is in response to your letter of January 21, 1970, in which you ask whether motor vehicle excise tax refunds may be made under the following circumstances. A person purchased an automobile in the state of Minnesota from a dealer in that state and took delivery of same in the state of Minnesota. Automobiles sold by retail dealers in the state of Minnesota are taxable under the Minnesota sales tax law but the Minnesota dealer in question did n

OPINION 70-265 February 9, 1970 (OPINION) Mr. Thomas E. Rutten Assistant State's Attorney Ramsey County RE: Parks - Joint Park Districts - Mill Levy Elections This is in response to your letter in which you call our attention to Section 11-28-17 of the North Dakota Century Code, and then ask whether or not the election mentioned in such section requires that the measure be approved by each separate county comprising a joint park district. Section 11-28-17 provides as follows: "DISTRICT BUDGET - TAX LEVY - ELECTION. The board of joint park commissioners shall request the res

OPINION 70-353 February 4, 1970 (OPINION) Mr. Walter R. Fiedler Director of Institutions RE: State - Patient or Inmate funds - Disposition This is in reply to your letter of January 30, 1970, relative to the proper disposition of personal monies or property which may remain in the hands of the various institutions after the discharge or release of a patient or inmate. You note the following statement from Mr. Cameron Clemens, Superintendent of the State Industrial School, relative to a specific matter: A second concern I have pertains to the savings bonds which have been pur

OPINION 70-310 January 30, 1970 (OPINION) The Honorable M. F. Peterson Superintendent of Public Instruction RE: Schools - Teacher Negotiation Act - Rights of Teachers This is in reply to your letter of January 19, 1970, relative to the Teacher Representation and Negotiation Act enacted by the 1969 Legislative Assembly and codified in chapter 15-38.1 of the North Dakota Century Code, as amended. You state the following facts and questions: I am looking at Section 15-38.1-08, Right to Negotiation. The second sentence of that section states that 'Any teacher, or administrator

OPINION 70-172 January 26, 1970 (OPINION) Mr. Russell W. Stuart Commissioner North Dakota Game and Fish Department RE: Game and Fish - Licenses - Nonresident Students This is in reply to your letter of January 20, 1970, in which you ask the following questions: I will appreciate very much your written opinion on qualification of residence for the purpose of buying a resident North Dakota hunting or fishing license as it pertains to students in our North Dakota Colleges and Universities who are paying a Non-Resident tuition fee." The definition of a nonresident for tuition pur

OPINION 70-333 January 22, 1970 (OPINION) Mr. Tor A. Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Employees Retirement System - Prior Service Credits This is in response to your letter in which you state the following: At its meeting on Thursday, January eighth, the Retirement Board discussed the prior service benefit payable to older, longtime employees. The Administrative Expense and Benefit Fund has been increasing faster than anticipated and actually contains a divisible surplus at the present. The 1969 Legislature changed the Re

Superseded by statute; see N.D.A.G. Letter to Whitman (April 23, 1990) OPINION 70-254 January 21, 1970 (OPINION) Mr. LeRoy P. Anseth Williams County State's Attorney RE: Officers - Incompatibility of Offices - City Assessor and Director of Tax Equalization This is in reply to your letter of January 15, 1970, with regard to appointment of city assessors and county directors of tax equalization and compatibility between these offices. You inform us that your county is presently in the proces

OPINION 70-93 January 16, 1970(OPINION) Mr. Thomas E. Rutten Assistant State's Attorney Ramsey County RE: Counties - County Commissioners - Expense Allowances This is in response to your letter in which you ask if Section 11-10-10 or Section 44-08-04 of the North Dakota Century Code controls and regulates the allowances for meals and lodging to county commissioners in the performance and discharge of their official duties. Section 44-08-04 of the North Dakota Century Code was amended by Chapter 399 of the 1969 Session Laws. The title to Senate Bill No. 52, the instrument by which the

OPINION 70-119 January 16, 1970(OPINION) Mr. Russell Staiger Planning Administrator North Dakota State Planning Agency RE: Counties - Planning and Zoning Activities - Mill Levy This is in response to your request for an opinion as to whether or not the provisions of Chapter 386 of the 1969 Session Laws, and specifically the levy in the amount of one mill authorized therein, is available to the County Planning Commission. Chapter 386 is now codified as Chapter 40-57.2 of the North Dakota Century Code. Section 40-57.2-03 thereof sets forth the legislative intent as follows: "DECLARATI

OPINION 70-487 January 14, 1970 (OPINION) Mr. Ellis L. Berg Executive Secretary North Dakota Poultry Improvement Board RE: Taxation - Sales Tax Exemption - Poultry This is in reply to your letter of January 8, 1970, requesting an opinion of this office with regard to the application of Section 57-40.2-04.1 of the 1969 Supplement to the North Dakota Century Code. We presume you also refer to section 57-39.2-04.1 of the 1969 Supplement to the North Dakota Century Code. The provision in chapter 57-40.2 refers to a use tax exemption. The provision in chapter 57-39.2 refers to

OPINION 70-229 January 7, 1970 (OPINION) Mr. Raymond R. Rund State's Attorney Steele County RE: Motor Vehicles - Operators Licenses - Snowmobiles This is in reply to your letter of December 30, 1969, with regard to the necessity of a driver's licensure for use of snowmobiles and with regard to city regulation of snowmobiles. You call our attention to the fact that subsection 6 of Section 39-24-09 of the 1969 Supplement to the North Dakota Century Code provides that it shall be unlawful for any person under the age of fourteen years to operate a snowmobile upon the roadway, sho

OPINION 70-79 January 5, 1970(OPINION) Mr. W. P. Sebens Executive Secretary State Soil Conservation Committee RE: Contractors - Licenses - Soil Conservation District This is in reply to your letter of December 31, 1969, relative to the necessity of a soil conservation district to secure a contractor's license. You note the districts own tree planting machines and, in some cases, heavy equipment is also owned and operated by the districts for such practices as applying drainage and digging waterholes. Other districts depend upon local contractors for this kind of work. Where tree p

OPINION 70-360 January 2, 1970(OPINION) Mrs. Agnes Geelan Chairman North Dakota Workmen's Compensation Bureau RE: State - State Mine Inspector - Authority on Reservations This is in response to your letter in which you make reference to Sections 38-04-02, 38-04-03 and 38-03-07 of the North Dakota Century Code, relating to the duties and responsibilities of the State Mine Inspector. You also forwarded for our consideration a letter written to Mr. Rudolph Iszler, the State Mine Inspector, dated May 9, 1969, by Mr. Paul A. Ewald, Economic Development Specialist, in which several

OPINION 70-228 January 2, 1970 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Operators Licenses - Highway Construction Proje This is in reply to your request for an opinion with regard to whether or not an operator's license is required to operate a motor vehicle, as defined by subsection 32 of Section 39-01-01 of the North Dakota Century Code, as amended, on construction projects located off from existing traveled highways. You give as an example of such a project an instance where a new roadbed is being built in virgin territ