North Dakota Attorney General Opinions

OPINION 75-53 March 20, 1975 (OPINION) Mr. H.J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Snortland: This is in reply to your letter of March 14, 1975, relative to special education children. You state the following facts and questions: "There are several school districts and cooperative special education programs which have requested information regarding the legality of providing special education programming for preschool age handicapped children. "Under Section 15-59-01, North Dakota Century Code, the exception

OPINION 75-56 March 13, 1975 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of March 5, 1975, in which you state the following facts and questions: "Requests have come into my office asking that I call a meeting of the Emergency Commission. "Questions have arisen as to whether the Emergency Commission can meet while the Legislature is in session. If they can meet, are there any limitations as to what the Commission can authorize?" The various provisions governing the authority of the Eme

OPINION 75-96 March 12, 1975 (OPINION) Mervin Nordeng Cass County State's Attorney P.O. Box 2806 Fargo, ND 58102 Dear Mr. Nordeng: This is in response to your letter of March 5, 1975, wherein you request an opinion of this office relative to the provisions of Section 12-21.1-01 of the North Dakota Century Code, as amended, as the same is applicable to certain local practices involving recreational vehicle sales businesses. You submit the following facts and inquiry in your letter: "I would like to request your opinion or copies of previous opinions concerning the question

OPINION 75-123 March 10, 1975 (OPINION) Representative Robert F. Reimers Speaker, House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Reimers: This is in response to your letter of 6 March 1975 with regard to House Bill No. 1531, 1975 Session. You state that a question has been raised as to whether this violates "Article 66 of the North Dakota Century Code." Apparently there has been some typographical error in your designation of Article 66 of the North Dakota Century Code, i.e. Code divisions in this state have not been given article numbers since

OPINION 75-113 March 4, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State of North Dakota Office of Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor: This is in response to your letter of February 20, 1975, wherein you request an opinion of this office relative to House Bill No. 1204. You submit the following facts and inquiry in your letter: Senator Holand has requested that I seek an Attorney General's Opinion regarding House Bill 1204 as amended and sponsored by Representative Eagles. The Senate Social Welfare and Vete

OPINION 75-14 February 28, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your letter of 26 February 1975 requesting an opinion of this office in regard to the constitutional validity of House Bill 1606, 1975 Session. The bill provides that any railroad corporation failing to furnish suitable cars for grain loading within the time agreed upon shall be allowed an additional forty-eight hours without penalty to comply with the agreeme

H- Q\-4e February 20, 1975 Mr. Glenn Olson, State Manager N.D. Dalry Products Promotion Commission State Unit of American Dairy Association P.O, Box 327 Edgeley, ND 58433 Dear Mr, Olson: This Is In response to your letter of February 5, 1975, wherein you make inquiry of this office relative to governmental immunity and flab lity protection. You submit the following factual situation and inquiry In your letter: This Commission installs from 100 to, 125 In-store pro- motion kits in our state's retall food stores. This material includes overwire hangers, shelf talkers, danglers and the lik

OPINION 75-65 February 19, 1975 (OPINION) The Honorable Robert F. Reimers Speaker, House of Representatives Forty-fourth Legislative Assembly State Capitol Bismarck, ND 58505 RE: HOUSE BILL 1062 Dear Representative Reimers: This is in reply to your letter of February 17, 1975, in which you ask the following question: "If we pass this bill will it have any effect on the contract or leases that are in effect at the present time?" House Bill 1062 is an Act to: require written notice and approval before a permit to surface mine land is issued by the Public Service Commissio

OPINION 75-216 February 19, 1975 (OPINION) The Honorable Earl. S. Strinden Majority Floor Leader House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Strinden: This is in reply to your letter of February 18th requesting an opinion relative to House Bill 1403, which provides for increased benefits to certain persons who are presently receiving workmen's compensation benefits. You inquire whether the bill, as it presently exists, interferes with contractual arrangements. Section 1 of House Bill 1403 provides, in part, as follows: "Any workmen's compe

OPINION 75-18 February 18, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in reply to your inquiry as to whether the lieutenant governor may vote on the passage of the bill where the vote in the Senate is equally divided. Section 77 of the North Dakota Constitution provides in pertinent part that: "The lieutenant governor shall be president of the senate, but shall have no vote unless they be equally divided." Section 65 of the North Dakota Constitut

OPINION 75-146 February 13, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your request for an opinion of this office relative to Senate Bill 2335 which deals with the repeal of Section 15-53.1-37 and 15-53.1-38 of the North Dakota Century Code. You submit the following proposition and questions in your letter: Mr. Doug Stine, Legislative Intern assigned to Senate Education Committee has on the behalf of that Committee requested that I seek an a

OPINION 75-7 February 10, 1975 (OPINION) The Honorable Robert F. Reimers Speaker of the House of Representatives Forty-fourth Legislative Assembly State Capitol Bismarck, ND 58505 Dear Mr. Speaker: This is in reply to your letter of February 7, 1975, in which you state the following: House Bill 1567 which would appropriate $5,000,000 for construction of a Heritage Center is currently pending in the House. In 1973 the Legislature enacted Chapter 16 of the 1973 Session Laws which appropriated $500,000 for the construction of a Heritage Center. That appropriation was contin

OPINION 75-137 February 6, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: Pursuant to the request of Senator J. Garvin Jacobson, this reply to your letter of January 29, 1975, concerning amendments to Senate Bill 2095, proposed by representatives of the Michigan-Wisconsin Pipeline Company (copy attached) is directed at the proposed amendments to Senate Bill 2095, substituted for the original Michigan-Wisconsin Pipeline Company proposed amendments and presently before

OPINION 75-89 January 30, 1975 (OPINION) Dr. D. L. Moum President, Board of Dental Examiners Box 548 Mandan, ND 58554 Dear Dr. Moum: This is in reply to your letter of January 27, 1975, requesting our opinion on Section 43-28-18(21) of the North Dakota Century Code. The question presented is whether a licensed dentist may own or control a dental laboratory or X-ray laboratory or operate the same in connection with his office. Section 43-28-18 of the N.D.C.C. provides: "The board may revoke or suspend the license and the certificate of registration of any dentist who has: *

LETTER 75-120 January 30, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your letter of 29 January "1985" indicating that a named senator has requested that you seek an attorney general's opinion to ascertain if there is a possible question of constitutionality in regard to the appropriation contained in Senate Bill 2282 on the basis that it would be a diversion of highway user funds and, therefore, be in conflict with Article 56 of th

OPINION 75-192 January 29, 1975 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Minot, ND 58701 RE: Maximum Levy for School Districts Dear Mr. Thomas: This is in reply to your letter of January 20, 1975, in which you enclose a letter dated January 8, 1975, from Gladys Pederson, Ward County Auditor, concerning the special reserve fund of school districts. That letter states the following facts and questions: Chapter 57-19 of the North Dakota Century Code provides for the establishment of a special reserve fund by school districts. Section 57-19-01 provides th

OPINION 75-111 January 29, 1975 (OPINION) The Honorable Earl S. Strinden Majority Floor Leader House of Representatives Forty-fourth Legislative Assembly State Capitol Building Bismarck, ND 58505 Dear Representative Strinden: This is in reply to your letter of January 29, 1975, relative to House Bill 1042. You state the following facts and questions: Will you please give us an official opinion on whether House Bill 1042 requires a two-thirds vote for passage by the House of Representatives. House Bill 1042 would transfer the Grafton State School and the San Haven State Ho

OPINION 75-107 January 29, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Mr. Sanstead: This is in reply to your letter of January 24, 1975, in which you state the following facts and questions: "Senator Shirley Lee has requested that I seek an attorney general's opinion relative to Section 20.1-02-03.1 as contained in Senate Bill 2097 (page 15 line 6 following) of the Forty-fourth Legislative Assembly. Mr. David Niss of the Legislative Council staff indicated that the section in question had been voted on, I believe,

OPINION 75-190 January 24, 1975 (OPINION) Mr. L. J. Schirado State's Attorney Morton County Mandan, ND 58554 Dear Mr. Schirado: This is in response to your letter of January 8, 1975, wherein you request an opinion of this office relative to subsection 20 of Section 57-02-08 of the North Dakota Century Code, as amended. You set forth the following proposition and inquiry in your letter: Upon reviewing subsection 20 of Section 57-02-08 N.D.C.C. relative to property exempt from taxation it appears that the language employed is vague and ambiguous as to whether this exemption

OPINION 75-186 January 6, 1975 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission Box "U" Bismarck, ND 58501 Dear Mr. Vavra: This is in response to your letter of II December 1974 requesting an opinion in regard to distribution of funds derived from the separate and additional tax on sales of jet aviation motor fuel. You call our attention to the provisions of section 57-56-01.1 of the 1973 Supplement to the North Dakota Century Code imposing such tax and providing for the distribution of same. You inform us that the State Tax Commissioner has, by letter, advised

OPINION 74-39 December 30, 1974 (OPINION) Mr. J. B. Graham City Attorney Ellendale, ND 58436 RE: Ambulance Service, City of Ellendale Dear Mr. Graham: This is in response to your letter of 10 December 1974 you indicate to be written at the request of the Mayor of one of the cities of your county. You indicate that this city, during the summer, pursuant to Section 23-12-08 of the North Dakota Century Code, entered into an ambulance agreement with a group of citizens of the city, with funds not otherwise committed, purchased an ambulance and set it up pursuant to the State s

OPINION 74-463 December 27, 1974 (OPINION) The Honorable Myron H. Atkinson, Jr. State Representative, 32nd District P.O. Box 1176 Bismarck, North Dakota 58501 Dear Representative Atkinson: This is in reply to your letter of December 14, 1974, relative to the North Dakota abortion statutes. You state the following facts and questions: "In connection with the recent Federal Court decision relating to the abortion laws in North Dakota, a number of questions have been raised as to what laws may still have an application to abortion procedures. "Could your office please furnish

OPINION 74-136 December 18, 1974 (OPINION) Mr. John O. Garaas State's Attorney Cass County 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in reply to your letter of December 10, 1974, relative to section 57-15-28 of the N.D.C.C. You state the following facts and questions: "The facts are briefly that the Cass County jail located in Fargo has been declared structurally unsafe by two competent structural engineering firms. As a result, the District Court Judges have refused to allow any prisoners to be placed in said jail and this was concurred also by the Count

OPINION 74-226 December 11, 1974 (OPINION) Mr. Ben Meier Secretary of State State Capitol Building Bismarck, ND 58505 Dear Mr. Meier: This is in response to your request for an opinion as to whether or not you must call a meeting of the state board of canvassers to certify the results of the recount in the U.S. Senate election race. Section 16-13-47.1 is silent as to any activities pertaining to the state canvassing board which should or should not be performed after the recount has been accomplished. This section, however, does state "the results of such recount shall be c

OPINION 74-574 December 6, 1974 (OPINION) Mr. W. L. Eckes Vice Chairman State Tax Appeals Board Beach, ND 58621 Dear Mr. Eckes: This is in response to your letter of November 5, 1974, wherein you make inquiry of this office concerning appeals from determinations of the State Tax Appeals Board as provided by Chapter 57-23.1 of the North Dakota Century Code, as amended. You submit the following in your letter of inquiry: "I am writing this present letter at the request of Kay Braaten, the Chairman of the State Tax Appeals Board, of which I am Vice Chairman. As I understand

OPINION 74-348 December 4, 1974 (OPINION) Mr. Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in response to your request for an opinion pertaining to the length of time certain corporate records must be kept under various conditions and on the following questions: 1. Can domestic business corporations, after they have remained inactive or have been dissolved for a certain number of years, be destroyed without microfilming or copying? Note: I am aware that annual reports may be disposed of after they have remained on file for six y

OPINION 74-447 February 11, 1974 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Building Bismarck, North Dakota 58505 Dear Mr. Hjelle: This is in response to your request for an opinion as to the legality of the State preventing live advertising from being placed on a sign structure which has been blank or painted out for six months or more. The declaration of policy set forth in Chapter 24-17 of the North Dakota Century Code does determine it to be in the public interest to “reasonably” regulate advertising devices along the highways therein specified and indicates

OPINION 74-445 November 18, 1974 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Building Bismarck, North Dakota 58505 Mr. Hjelle: RE: Section 24-02-03, N.D.C.C. Section 185, ND Constitution This will acknowledge receipt of your request for an official opinion as to the legality of payment for employee service awards purchased by the State Highway Department for its longterm employees. You have indicated that this was announced to the employees as a continuous policy to provide an added benefit for 20 or more years of service for both present and fu

OPINION 74-611 November 7, 1974 (OPINION) The Honorable Byron L. Dorgan State Tax Commissioner and Members of Advisory Committee State Capitol Building Bismarck, ND 58505 RE: Michigan-Wisconsin Pipeline Company, Condition Water Permit (application 1901 A) United Power Association and Cooperative Power Association Condition Water Permit (application 1977) Dear Commissioner Dorgan: This is in response to your letter dated october 7, 1974, wherein you make the following request for an Attorney General's opinion: I have attended the hearings of the Water Commission in which r

OPINION 74-61 October 28, 1974 (OPINION) Mr. Roy A. Neste City Attorney Park River, ND 58270 Dear Mr. Neste: This is in response to your letter of October 21, 1974, wherein you request an opinion of this office relative to whether a municipality may become a member of a corporation. You submit the following in your letter of inquiry: "Enclosed find two letters for your inspection and I would like your opinion as to whether the City of Park River could legally become a member of a corporation. I am quite certain that our light and water plant which is a municipal utility c

OPINION 74-312 October 15, 1974 (OPINION) Mr. Albert J. Hardy Reichert, Howe & Hardy Attorneys at Law First National Bank Building P. O. Box 370 Dickinson, ND 58601 Dear Mr. Hardy: This is in response to your letter of 13 September 1974 with regard to recording of an "Abstract of Instrument" that a coal company wishes to have recorded in your County Register of Deeds office. You indicate that your Register of Deeds is quite concerned about recording such a document as it is not the actual lease but merely an abstract of same. You enclosed a copy of the document. The docum

OPINION 74-229 October 9, 1974 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County Fessenden, ND 58438 Dear Mr. LaQua: This is in response to your letter of October 4, 1974, with regard to procedure for abolishment of a weather modification authority. You inform us that weather modification authority for your county was created pursuant to petition of 51 percent of the qualified electors of your county dated October 29, 1973, pursuant to the provisions of section 2-07-06 of the North Dakota Century Code. You inform us that on October 1, 1974, at 3:00 p.m. there was f

OPINION 74-184 September 27, 1974 (OPINION) Mr. Brian W. Keohane State's Attorney Golden Valley County Beach, ND 58621 Dear Keohane: This is in response to your letter of 17 September 1974 with regard to "fine" and "costs" than can be charged by the county justice courts of this state. You call our attention to the provisions of section 33-12-33 of the North Dakota Century Code that state: "Fines used to pay costs - Residue paid to county treasurer. When in a criminal action the fine is paid, the justice must apply the money in payment of the legal costs and expenses of the

OPINION 74-544 September 25, 1974 (OPINION) Mr. Linn Sherman State's Attorney Kidder County Steele, ND 58482 Dear Mr. Sherman: This is in response to your letter of August 29, 1974, wherein you request an opinion of this office relative to Sections 57-22-26 and 57-22-27 of the North Dakota Century Code and the applicability of said statutes to the provisions of Chapter 57-55 involving the mobile home tax. You submit the following in your letter: "Under the provisions of Chapter 57-55 of the North Dakota Century Code, a Mobile Home Tax is provided for certain mobile homes.

OPINION 74-317 September 24, 1974 (OPINION) Mr. Dean F. Bard Special Assistant Attorney General for the North Dakota Real Estate Commission P. O. Box 1874 Bismarck, ND 58505 Dear Mr. Bard: This is in response to your correspondence of September 6, 1974, in which you state a question has arisen concerning the matter of granting a real estate brokers license to residents of North Dakota and South Dakota under a reciprocal agreement for the same. In this respect, you call our attention to section 43-23-10 of the North Dakota Century Code, as amended, which contains the follow

OPINION 74-330 September 12, 1974 (OPINION) Mr. Russel W. Stuart Commissioner, North Dakota Game and Fish Department 2121 Lovett Avenue Bismarck, ND 58505 Dear Mr. Stuart: This is in reply to your letter of August 27, 1974, relative to the posting of road and highway ditches. You state the following facts and questions: "Throughout the hunting seasons, the Department is often asked questions concerning the statute governing the posting against trespass of private lands and the effect of such posting in regard to the hunting or trespassing of road and highway ditches. If

OPINION 74-310 September 10, 1974 (OPINION) Ms. Alisa Simonson Director State Laboratories Commission Lock Box 937 Bismarck, ND 58505 Dear Ms. Simonson: This is in reply to your letter of August 16, 1974, in which you state the following facts and questions: "I request your opinion concerning the legality of the State Laboratories Commission issuing revenue bonds pursuant to Chapter 36 of the 1973 Session Laws. That act authorizes the Commission to issue bonds for the purpose of paying the cost of construction of a building to house the State Laboratories Department in an

OPINION 74-327 September 3, 1974 (OPINION) Mr. Albert J. Hardy Assistant States Attorney Stark County Dickinson, ND 58601 Dear Mr. Hardy: This is in response to your letter of August 14, 1974, wherein you request an opinion of this office relative to sections 11-18-02 and 11-18-03 of the North Dakota Century Code. You relate a situation which has arisen in your county and submit a question based thereon as follows: "The following situation has developed here in Stark County upon which we would appreciate receiving an opinion from your office. The defendant in a foreclosur

OPINION 74-625 August 30, 1974 (OPINION) Mr. Vern Fahy Engineer-Secretary State Water Commission 900 East Boulevard Bismarck, ND 58505 RE: SCW File No. C-131 Dear Mr. Fahy: This is in reply to your letter of August 13, 1974, relative to Public Law 93-234, the Food Disaster Protection Act of 1973. You note that one of the purposes of the Act is to "require states or local communities, as a condition to federal financial assistance, to participate in the flood insurance program and to adopt adequate flood plain ordinances with effective enforcement provisions consistent w

OPINION 74-203 August 29, 1974 (OPINION) The Honorable Arthur A. Link Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of August 27, 1974, relative to Section 1-03-01 of the N.D.C.C., as amended. You state the following facts and questions: "This is to request a clarification of your letter of October 29, 1973, to Raymond R. Rund concerning Section 1-03-01 of the North Dakota Century Code as that opinion was primarily in response to questions on political subdivisions and did not specifically address state

OPINION 74-239 August 28, 1974 (OPINION) Mr. Robert F. Reimers R.R. 3, Box M-40 Carrington, ND 58421 Dear Mr. Reimers: This is in response to your letter in which you state the following: "I find it necessary to ask for a legal meaning of the term emergency as found in section 54-16-04 of the N.D.C.C. and possibly related statutes. Similarly I would like to have the definition or connotation of the term extremely as it is found in section 54-16-04. Section 54-16-04 provides as follows: "Whenever it is made to appear to the emergency commission by an itemized, verified petit

OPINION 74-232 August 13, 1974 (OPINION) REVISED (Revised to correct minor errors) Mr. Robert F. Reimers District 29 R.R. 3, Box M-40 Carrington, ND 58421 Dear Mr. Reimers: This is in response to your letter in which you state as follows: "I need to know the legality of actions by the Emergency Commission in the transferring of funds from category to category. 1. Does the Emergency Commission have authority to transfer from one budget category to another, specifically salaries and wages upon need or emergency? 2. Does the Emergency Commission have authority to create

OPINION 74-197 August 8, 1974 (OPINION) Mr. Terence P. Devine Nelson County States Attorney Lakota, ND 58344 Dear Mr. Devine: This is in reply to your letter of July 23, 1974. You ask whether or not Section 27-08.1-01 of the North Dakota Century Code contemplates that the small claims court can be used for actions based on tort provided that the claim does not exceed two hundred dollars. Section 27-08.1-08 provides for the jurisdictional limits of the small claims court. It is stated therein: . . . The jurisdiction of such court shall be confined to cases for recovery of

OPINION 74-374 August 1, 1974 (OPINION) Mr. H. J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Snortland: This is in reply to your letter of July 23, 1974, relative to eligibility to receive foundation program payments. You state the following facts and questions: "The North Dakota National Guard is proposing a plan in which a senior high school student during the last semester of his high school career may join the National Guard and request active duty in a work experience career education plan offered at an Army Pos

OPINION 74-461 July 31, 1974 (OPINION) Thomas F. Kelsch Burleigh County States Attorney Burleigh County Courthouse P.O. Box 1901 Bismarck, North Dakota 58501 Dear Mr. Kelsch: This is in response to your letter of July 18, 1974, wherein you request an opinion of this office relative to Section 20.1-04-12 of the North Dakota Century Code, as amended, as the same concerns the training of any breed or class of dog in the fields of North Dakota between April 1 and July 14. You submit the following in your letter of inquiry: "A question has arisen as to the type of dog restricte

OPINION 74-182 July 23, 1974 (OPINION) Mr. Robert L. Eckert State's Attorney Richland County Wahpeton, ND 58705 Dear Mr. Eckert: This is in response to your letter of June 26, 1974, wherein you request an opinion of this office relative to section 11-33-11 of the North Dakota Century Code. You state that the request for opinion is based upon inquiry received by you from Mark Beardsley, Assistant Planner for Lake Agassiz R. C. and D. His letter of inquiry to you provides as follows: "I am writing for a legal opinion concerning county zoning. Should a county enact zoning r

OPINION 74-108 July 18, 1974 (OPINION) Mr. Raymond R. Rund State's Attorney Steele County Finley, ND 58230 Dear Mr. Rund: You state that as we know our nation will be having its bicentennial celebration in 1976. You state that you have a committee organized in Steele County, called "Steele County Bicentennial Committee" consisting of citizens who are planning ahead for this celebration. You state that one of the members of the Board of County Commissioners has asked you to obtain an opinion from this office as to whether the county can disburse public funds to this committe