North Dakota Attorney General Opinions

OPINION 73-408 September 25, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58501 Dear Governor Link: This is in reply to your letter of August 31, 1973, relative to certain questions involving P.L. 93-66 and the ability of the state of North Dakota to comply therewith. You state the following facts: "Title III of Public Law 92-603, approved October 30, 1972, amended Title XVI of the Social Security Act and federalized the adult categorical assistance programs (Aid to the Aged, Blind and Disabled) effective January 1, 1974. The program, e

OPINION 73-450 September 24, 1973 (OPINION) Mr. Thomas B. Jelliff State's Attorney Grand Forks County Grand Forks, North Dakota 58201 Dear Mr. Jelliff: This is in response to your letter in which you state that you have been contacted by the Grand Forks Air Base regarding the question of whether or not the sale of alcoholic beverages to Air Base personnel is governed by state law. More specifically, are the sale and consumption of alcoholic beverages in NCO and officers' clubs governed by state law and may sales be made to any military personnel regardless of age You then

OPINION 73-222 September 24, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, North Dakota 58501 Dear Governor Link: This is in response to your letter in which you state the following: "I have designated December 4, 1973, as the date for a special election on referred House Bill 1042 and the initiated constitutional amendment. Due to the possibility that a special session of the legislative assembly may be required prior to 1975, I plan to call for a special election on that same date in five districts to fill the vacancies created by the death

OPINION 73-293 September 11, 1973 (OPINION) Mr. Marshall T. Bergerud State's Attorney Dunn County Killdeer, ND 58640 Dear Mr. Bergerud: This is in reply to your letter of August 23, 1973, wherein you request an opinion relating to the effect of chapter 39-06. I upon that portion of section 39-08-01 which prohibits a person from being in "actual physical control of any vehicle upon a highway . . . if . . . he is under the influence of intoxicating liquor." You point out that throughout chapter 39-06.1, the various sections dealing with the suspension of operator's licenses s

OPINION 73-82 August 28, 1973 (OPINION) Mr. Hugh McCutcheon BOSARD, McCUTCHEON, KERIAN, SCHMIDT AND HOLUM Attorneys and Counselors at Law Heritage Place Minot, ND 58701 Dear Mr. McCutcheon: This is in response to your letter in which you ask for an opinion of this office whether or not an ordinance which imposes a 2 percent tax on the gross revenues of Northern States Power Company is subject to referral. You also provide us with an opinion on the subject matter. Ordinance 1849 imposes a 2 percent tax on the gross revenues of Northern States Power Company. Ordinance 850

OPINION 73-492 August 28, 1973 (OPINION) Mr. Maurice E. Cook State's Attorney Bowman County Bowman, ND 58623 Dear Mr. Cook: Your letter of August 17, 1973, to honorable C. H. Strand, Bowman County Justice, Bowman, North Dakota, has been noted here, and we direct our response to your opinion upon your request. For reasons hereinafter stated, we do not agree with your conclusion that the provision providing for Promise to Appear in the Uniform Traffic Complain and Summons have apparently been superseded by chapter 301, 1973 Session Laws, Now Chapter 39-06.1 North Dakota Centur

OPINION 73-259 August 27, 1973 (OPINION) Mr. Kenneth Dawes Director North Dakota Combined Law Enforcement Council Bismarck, ND 58501 Dear Mr. Dawes: This is in response to your letter in which you made reference to the opinion issued by this office dated August 1, 1973. You now ask for an opinion on the following questions: 1. Is it possible for an Indian reservation to submit itself to and accept state civil jurisdiction for the limited purposes of activities involved with a specific law enforcement council grant only without accepting state civil jurisdiction generall

OPINION 73-470 August 17, 1973 (OPINION) Mr. H. L. Thorndal President Bank of North Dakota Bismarck, North Dakota 58501 Dear Mr. Thorndal: This is in response to your letter of July 19, 1973, wherein you request an official opinion of this office relative to Section 6-09-15.2 of the North Dakota Century Code, as amended. You submit the following factual matters and questions for our opinion: "Enclosed is an offering circular for the Student Loan Marketing Association ('Sallie Mae'), a governmental-sponsored private corporation created by the 1972 amendments to the Higher E

OPINION 73-165 August 17, 1973 (OPINION) Mr. Linn Sherman State's Attorney Kidder County Steele, ND 58482 Dear Mr. Sherman: This is in response to your letter with regard to the salary of the register of deeds - clerk of court - county judge of your county. You inform us that under the provisions of Senate Bill No. 2335 enacted by the 1973 Session of the Legislative Assembly (now contained in Chapter 11-10 of the 1973 Supplement to the North Dakota Century Code) provision was made for the salary of the Clerk of the District Court which is slightly higher than the salary provi

OPINION 73-1 August 3, 1973 (OPINION) Mr. G. W. Ellwein Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58501 Dear Mr. Ellwein: This is in response to your letter of July 25, 1973, wherein you request an opinion of this office relative to Section 7-02-02 of the North Dakota Century Code in connection with a proposed issue of savings and loan association shares which would effect a new class of shares. You submit the following facts and inquiry in your letter: "At its regular meeting of the State Banking Board, July 20, 1973, the Bo

OPINION 73-582 July 27, 1973 (OPINION) Miss Margaret L. Gillen Executive Secretary Teachers' Fund for Retirement P.O. Box 486 Mandan, ND 58554 Dear Miss Gillen: This is in reply to your letter of July 25, 1973, relative to Senate Bill 2086 enacted by the 1973 Legislative Assembly. You state the following facts and questions: "May we have an opinion as to what date would be the effective date to determine whether or not college instructors are vested members, see Chapter 133, 1973 S.L., Senate Bill 2086, Alternate Retirement Program for Higher Education Section 1, Subsecti

OPINION 73-557 July 27, 1973 (OPINION) Mr. Michel W. Stefonowicz Divide County State's Attorney P.O. Box 130 Crosby, ND 58730 Dear Mr. Stefonowicz: This is in answer to your letter of July 3, 1973, requesting our opinion on the questions of whether privately owned airplane hangars located upon city real property are subject to taxation as real property and, if so, "what provision of the North Dakota Century Code would be used to enforce the real property taxation." For the reasons set out in the following paragraphs, it is our opinion that these privately owned airplane hanga

OPINION 73-278 July 20, 1973 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department State Office Building Ninth and Boulevard Bismarck, ND 58501 Dear Mr. Bosch: This is in reply to your letter requesting an opinion of this office relative to the provisions of section 40-05-15 of the North Dakota Century Code. You inform us that many times your records will show a lienholder while the Certificate of Title is in the name of the individual who allegedly abandoned a vehicle. You state that therefore you question is when the owner of a vehicle acquired through the prov

OPINION 73-70 July 18, 1973 (OPINION) Mr. William J. Johnson City Attorney Larimore, ND 58251 Dear Mr. Johnson: This is in response to your letter of July 12, 1973, wherein you asked a number of questions relating to the procedural changes resulting from the enactment of Chapter 301, Session Laws of 1973. Your questions and our answers thereto are as follows: 1. "Does a Municipal Judge have the right to give an officer the authority to take a bond for a noncriminal offense at the time of the violation, for out-of-state violators?" The final paragraph in section 2 of Chapter

OPINION 73-359 July 18, 1973 (OPINION) Mr. Tor A. Hegland Executive Director Public Employees Retirement System Box 1214 Bismarck, ND 58501 Dear Mr. Hegland: This is in reply to your letter of July 13, 1973, relative to House Bill 1420 enacted by the 1973 Legislative Assembly. You state the following facts and questions: "House Bill 1420 relates to persons 18 years old or older and makes them adults for all purposes. Consequently, they are now eligible for membership in the Retirement System. "The question has come up whether employees between 18 and 21 years old must b

OPINION 73-150 July 17, 1973 (OPINION) Mr. Robert W. Peterson State Auditor State Capitol Bismarck, ND 58501 Dear Mr. Peterson: In your letter to this office of June 19, 1973, you state: "It has been called to our attention that certain counties in our state have authorized the giving of revenue sharing funds to county conservation districts for environmental protection. In turn, these districts are using the funds for tree plantings on a cost sharing basis with individual landowners or occupiers. We understand that states attorneys from other counties have held that reven

OPINION 73-116 July 11, 1973 (OPINION) Mr. Dewel E. Viker, Jr. State's Attorney Traill County Hillsboro, ND 58045 Dear Mr. Viker: This is in response to your letter of June 7, 1973, with regard to the interpretation of Senate Bill 2335, now Chapter 87 of the 1973 Session Laws. You state that "section 2 (11-10-10) subsection 4D reads as follows: "In the event the county has a group insurance program for its employees for hospital benefits, medical benefits, or life insurance financed in part or entirely by the county, such benefits may be in addition to the salaries payable t

OPINION 73-585 July 6, 1973 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission Box "U" Bismarck, ND 58501 Dear Mr. Vavra: This is in response to your letter in which you advise of the following: Lake Williams Township in Kidder County (T 142N and Range 71W), in a special meeting of the electors, in the fall of 1971, voted unanimously to create a township municipal airport authority and to appoint five airport authority commissioners pursuant to the provisions of Chapter 2-06 of the North Dakota Century Code. You further advise that the special meeting was called as

OPINION 73-300 July 5, 1973 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Minot, ND 58701 Dear Mr. Thomas: Pursuant to your letter of June 4, 1973, enclosing the opinion of the Minot City Attorney dated May 25, 1973, as to the participation of the city of Minot and the county of Ward in the construction of a multipurpose building on the grounds of the North Dakota State Fair, we offer the following comments. We disagree with that portion of the opinion which concludes that the pertinent language of House Bill 1011 " . . . to be constructed by the State Fair As

OPINION 73-51 July 2, 1973 (OPINION) Mr. Patrick A. Conmy Police Commissioner 517 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Conmy: This is in response to your letter in which you state that the city ordinance provides that the city limits to the west shall include all those portions of Section 5, Section 6, and Section 31 lying east of the "center of the Missouri River". You further advise that the definition of the boundary of Burleigh County, North Dakota, also uses the phrase "to the center of the Missouri River". You further State that because of low water levels

OPINION 73-484 June 27, 1973 (OPINION) Mr. Patrick A. Conmy Bismarck Police Commissioner P. O. Box 1398 Bismarck, ND 58501 RE: Section 39-06-16, North Dakota Century Code Dear Mr. Conmy: Your letter of June 20, 1973, requested clarification of the language used in section 39-06-16 as it relates to the obligation to "exhibit" a driver's license to a peace officer. The statute reads as follows: "39-06-19. License to be carried and exhibited on demand. Every licensee shall have his operator's license or permit in his immediate possession at all times when operating a motor

OPINION 73-154 June 22, 1973 (OPINION) Mr. John O. Garaas State's Attorney Cass County 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in response to your letter of 12 June 1973, requesting clarification of the Federal Revenue Sharing Program. You point out that there are many mill levies which the county cannot assess unless it is authorized by a petition of the voters or by an election of the voters. You mention that there are also may levies that are limited to a certain number of mills for specific purposes. You request that we give you our opinion as to what

OPINION 73-352 June 21, 1973 (OPINION) The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Mr. Meier: This is in response to your letter of May 23, 1973, with regard to depositing of official state papers with the North Dakota State Historical Society. You inform us that as Records Management Administrator for the State of North Dakota, you have designated the State Historical Society as the repository for all state official papers. You state that all of the official state papers are to be deposited with the Historical Society as a central gath

OPINION 73-454 June 19, 1973 (OPINION) Mr. Gary Leppart State Liaison Officer North Dakota State Outdoor Recreation Agency State Office Building 900 East Boulevard Bismarck, North Dakota 58501 Dear Mr. Leppart: This is in reply to your letter of March 23, 1973, with regard to assistance of an Indian Tribal Council in outdoor recreation developments. You inform us that an official from the Bureau of Indian Affairs has requested your office to assist a named Indian Tribal Council with outdoor recreation developments. You therefore request our opinion as to the legal authority

OPINION 73-336 June 19, 1973 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Thomas: This is in reply to your letter of 21 May 1973, questioning the fees to be charged by the Register of Deeds for: 1. The Recording of declaration of condominium; 2. Plant and survey copies; 3. Filing cards showing the description and location of underground facilities. You indicate that in discussing this matter with your Register of Deeds it appears that the amount charged for filing those items in subparagraphs 1 and 2 vary throughout

OPINION 73-515 June 7, 1973 (OPINION) Mr. Q. R. Schulte State's Attorney Mountrail County Stanley, ND 58784 Dear Mr. Schulte: This is in reply to your letter of April 16, 1973, relative to Senate Bill 2300 enacted by the recent Legislative Assembly. We are sorry for the delay in answering the question. However, the import of the question caused considerable research and conference in order to prepare our answer. You state the following facts and questions: "During the past Legislature, the Legislature passed Senate Bill 2300 and Governor Link signed the same enacting it

OPINION 73-362 May 29, 1973 (OPINION) Mr. Tor A. Hegland Executive Director North Dakota Employees Retirement System Box 1214 Bismarck, ND 58501 Dear Mr. Hegland: This is in reply to your letter of May 22, 1973, relative to Senate Bill 2282 enacted by the 1971 Legislature. You state the following facts and questions: "The 1971 Legislature passed Senate Bill No. 2282 allowing membership in the State Retirement System for employees of the Garrison Conservancy District and the district health units. "The Garrison Conservancy District applied for membership effective July 1,

OPINION 73-191 May 24, 1973 (OPINION) Mr. Irvin Riedman Chief Parole Officer Department of Parole and Probation Box 1497 Bismarck, ND 58501 Dear Mr. Riedman: This is in response to your letter of May 10, 1973, asking for an Attorney General's Opinion on the following questions: 1. When a person is placed on a Deferred Imposition sentence under Chapter 12-53 of the North Dakota Century Code, does he lose his civil rights? . When a person has completed his probation and withdraws plea of guilty and the District Judge signs the Order dismissing the case, does this individu

OPINION 73-501 May 23, 1973 (OPINION) Mr. Thomas F. Kelsch Burleigh County States Attorney Bismarck, ND 58501 Dear Mr. Kelsch: This is in answer to your letter of April 17, 1973, requesting my opinion on the question of whether each application for abatement of general property taxes and assessments filed under chapter 57-23, of the North Dakota Century Code, must have endorsed on it the recommendation of the governing body of the municipality in which the property described in the abatement application is located. While you state you feel that the county has the right to obta

OPINION 73-416 May 16, 1973 (OPINION) Mr. James O. Fine State Director Division of Vocational Rehabilitation P. O. Box 1037 Bismarck, ND 58502 Dear Mr. Fine: This is in reply to your letter of May 14, 1973, in which you set forth the following facts and questions: "The last session of the legislature passed House Bill 1030 which transfers the North Dakota Division of Vocational Rehabilitation from the North Dakota Board of Vocational Education to the North Dakota State Social Service Board. "I would like an opinion as to whether or not that action places the Division of Vo

OPINION 73-143 May 16, 1973 (OPINION) Mr. T. N. Tangedahl, A.C.S.W. Executive Director Department of Social Services Capitol Building Bismarck, ND 58501 Dear Mr. Tangedahl: You have requested the opinion of this office as to whether or not chapter 50-02, Residence for Poor Relief Purposes, applies to section 50-09-21 of the North Dakota Century Code, 50-24-20 North Dakota Century Code, and 50-24.1-03 North Dakota Century Code, for purposes of determining the county liable for reimbursing the Social Service Board of North Dakota for the county share of Aid to Families with De

OPINION 73-89 May 11, 1973 (OPINION) Mr. John O. Garaas State's Attorney Cass County 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in response to your letter in which you request an opinion on the position of the State of North Dakota on the matter of abortion as set forth in Chapter 12-05 of the North Dakota Century Code. You specifically request an interpretation on sections 12-25-01, 12-25-02 and 12-25-04. The abortion issue has been of some concern in the last year or two. In 1972, an initiated measure which would have liberalized abortion was defeated by t

OPINION 73-242 May 4, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58502 Dear Governor Link: This is in reply to your letter of May 1, 1973, which you address to this office in your capacity as chairman of the Emergency Commission. You state the following facts and questions: "At present, the Emergency Commission has before it an application from the North Dakota Workmen's Compensation Bureau to accept and expend federal funds for the 'state administration of the Occupational Safety and Health Act of 1970.' "The Workmen's Compensation Bure

OPINION 73-84 May 1, 1973 (OPINION) Mr. William A. Robbins City Attorney Cavalier, ND 58220 Dear Mr. Robbins: This is in response to your letter of 26 April 1973 requesting an opinion of this office with regard to contracting for a new swimming pool for your city. Your questions are stated as: 1. Is it proper for the City * * * '(name of city)' to execute a contract in May of 1973 for the construction of a municipal swimming pool to be financed by a Bureau of Outdoor Recreational Grant of one-half the total cost, an ABM Impact Grant of 45.5 percent of the remaining balance

OPINION 73-406 April 27, 1973 (OPINION) Mr. T. N. Tangedahl, ACSW Executive Director Department of Social Services State Capitol Bismarck, ND 58501 Dear Mr. Tangedahl: This is in response to your letter of April 24, 1973, requesting an opinion as to the authority of the Social Service Board of North Dakota to enforce pertinent state statutes and rules and regulations promulgated by the Social Service Board relative to the operation of the Family Development Center on the Devils Lake Sioux Indian Reservation. You inform us that a Family Development Center is being operated by

OPINION 73-48 April 24, 1973 (OPINION) Mr. Wayne O. Solberg City Attorney P. O. Box 1897 Fargo, ND 58102 Dear Mr. Solberg: This is in response to your letter of April 4, 1973, wherein you request an opinion of this office relative to voting procedures of the board of city commissioners. You submit the following in your letter of inquiry: "The Board of City Commissioners has instructed me to seek a legal opinion from your office regarding the legality of a member of such Board 'passing' his vote without reason or cause. Following is a quotation of the minutes requesting th

OPINION 73-195 April 23, 1973 (OPINION) Mr. James N. Purdy State's Attorney Dickey County Ellendale, ND 58436 Dear Mr. Purdy: This is in reply to your letter of 12 April 1973 asking our advice or opinion regarding fees for filing an Abstract of the Judgment of a Small Claims Court with the clerk of the District Court. You call to our attention that section 11-17-04 of the North Dakota Century Code and subsection 18 thereof states that the Clerk of the District Court shall charge and collect for filing and docketing a Transcript of a Judgment from a Justice's Court or from any

OPINION 73-199 April 16, 1973 (OPINION) The Honorable Lawrence O'Connell County Judge County Court of Increased Jurisdiction Williston, ND 58801 Dear Judge O'Connell: This is in response to your request for an opinion on the question whether or not a county justice who has disqualified himself on a case as county justice in a criminal proceeding may order a change of venue to a county court with increased jurisdiction. For our consideration you provided us with copies of the 91) Transcript on Change of Venue, (2) Order for Change of Venue, (3) Disqualification by County Jus

OPINION 73-158 April 16, 1973 (OPINION) Mr. F. C. Rohrich State's Attorney Emmons County Linton, ND 58552 Dear Mr. Rohrich: This is in response to your letter in which you ask whether or not the county has to charge other political subdivisions for the use of county road equipment and if they do, must the charge be the minimum rate as put out by the North Dakota Highway Department. Section 24-05-04.1 provides as follows: "24-05-04.1. County not to lease its equipment for less than cost of operation. No county, city, or township shall lease, rent, or enter into a contract

OPINION 73-394 April 13, 1973 (OPINION) Mr. Howard J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Snortland: This is in reply to your letter of April 10, 1973, relative to Senate Bill 2026. You state the following facts and questions: "The Harvey School has been authorized to have a 70 mill general fund levy. The school district in the tax year 1972 or in the school year 1972-1973 levied 65.07 mills. "Senate Bill 2026 requires a mandatory reduction of 15 mills. Will the 15 mills be subtracted from the 70 mill general

OPINION 73-387 April 12, 1973 (OPINION) Mr. Howard J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Snortland: This is in reply to your letter of April 5, 1973, relative to Senate Bill 2026 enacted by the recent Legislative Assembly. You state the following facts and questions: "We are receiving requests for information about the interpretation of Senate Bill 2026. The requests are from school districts which will get less money combining state, county and local money in 1972-73 with what would be received under Senate

OPINION 73-134 April 10, 1973 (OPINION) Mr. Orville A. Schultz State's Attorney Oliver County Center, ND 58530 Dear Mr. Schultz: This is in reply to your letter of April 4, 1973, in regard to payment of salary and travel expenses of your County Housing Authority Committee. You indicate your committee has no funds of their own and desires an opinion as to whether the county can pay their salary and travel expenses pursuant to section 23-11-05 of the North Dakota Century Code. Section 23-11-05 of the North Dakota Century Code provides in part: "23-11-05. * * * * A commissione

OPINION 73-104 April 9, 1973 (OPINION) Donald L. Moum, D.D.S. Secretary-Treasurer North Dakota Board of Dental Examiners Box 547 Mandan, ND 58554 Dear Doctor Moum: This is in response to your letter in which you request an opinion whether or not a professional dental corporation organized under Chapter 10-31 of the North Dakota Century Code may use a trade name or false name as its corporate name. You also call our attention to section 43-28-18 of the North Dakota Century Code and specifically subsection 11 which provides as follows: "43-28-18. GROUNDS FOR REVOCATION OR

OPINION 73-434 April 5, 1973 (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 April 4, 1973, relative to the Director of Institutions. You state the following facts and questions: "State law requires that the Director of Institutions be confirmed by the State Senate. During the recent session of the Legislature, I submitted two names to the State Senate, including the name of the incumbent Director of Institutions, and both of these names were rejected. "I now h

OPINION 73-437 April 4, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58501 Dear Governor Link: This is in reply to your letter of March 28, 1973, with regard to the interpretation of section 54-06-10 of the North Dakota Century Code, which you letter quoted in full. You state that the North Dakota State Electrical Board has informed you that since all expenditures for cost of administration of the board, including out-of-state travel expenses, are derived from fees rather than appropriated tax funds, the board will no longer submit out-of-s

OPINION 73-486 March 23, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of March 22, 1973, concerning Senate Bill 2209. You note the bill has been passed by the Legislative Assembly and, as amended, specifies that a vice chairwoman is to be selected as an officer of the district committee of a political party. You state the following additional facts and questions: "It must be assumed that the 'vice chairwoman' must be a female. Must it also be assumed, therefore, that the bill woul

OPINION 73-113 March 23, 1973 (OPINION) Mr. John O. Garaas State's Attorney 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in response to your letter in which you ask for an opinion on the following questions: . Would the township supervisors have authority to license and charge a fee for the sale of fireworks within the township in addition to the permit provided for in section 23-15-04 of the North Dakota Century Code? (See Powers of Townships in section 58-03-01, 58-03-07, 58-06-01, N.D.C.C.) . Would the Board of County Commissioners have authority to li