North Dakota Attorney General Opinions

OPINION 73-122 March 7, 1973 (OPINION) Mr. James E. Sperry Superintendent State Historical Society Liberty Memorial Building Bismarck, ND 58501 Dear Mr. Sperry: This is in response to your letter of February 20, 1973, with regard to county historical societies. You inform us that you have been contacted by members of the Board of Directors of a named county historical society for advice in broadening their activities to include financial support to several museums in the county. You indicate that their county historical society was originally organized under the name of "F

OPINION 73-554 March 5, 1973 (OPINION) Mr. George M. Ackre State's Attorney Towner County Cando, ND 58324 Dear Mr. Ackre: This is in response to your letter asking for an opinion whether or not a tax levy spread pursuant to Section 57-15-06.3 of the North Dakota Century Code pertaining to a levy for federally assisted farm to market roads should be spread on the 1972 real estate taxes payable in 1973, or on the 1973 taxes which are payable in 1974, in the specific instance where the election was held on November 7, 1972, in which the approval of the electorate was given. Yo

OPINION 73-254 March 1, 1973 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, North Dakota Dear Mr. Sanstead: This is in reply to your letter of march 1, 1973, in which you request an opinion from this office clarifying a question that has arisen regarding House Bill 1200 which provides for a conditional transfer of funds to the college building fund. The question is whether the amount of state funds designated for a particular building limits the cost of the building to that amount or whether the cost of the building could be supplemented

OPINION 73-256 February 28, 1973 (OPINION) The Honorable Arthur Bunker Speaker of the House of Representatives State Capitol Bismarck, North Dakota Dear Mr. Speaker: This is in reply to your request for an opinion of this office clarifying the status of the revenue bonds issued by the State Board of higher Education pursuant to the provisions of chapter 15-55 of the North Dakota Century Code. The revenue bonds issued pursuant to the provisions of chapter 15-55 of the North Dakota Century Code are not full faith and credit bonds of the State of North Dakota or of the institutio

OPINION 73-99 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter in which you ask for an opinion on the validity and constitutionality of Senate Bill 2302 which is attached and in which the amendments are filled in. The provisions of Senate Bill 2320 as amended provide for adjusted compensation from July 1, 1958, and ending August 5, 1964, for those men and women who served in Vietnam during that period an

OPINION 73-383 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter of February 22, 1973, requesting my "opinion as to whether or not the provisions of section 57-58-01, particularly the first sentence thereof, will be operative and apply to school districts which will receive personal property replacement funds through the foundation program as provided for in Senate Bill 2026." Since Senate Bill 2026 as me

OPINION 73-173 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter of February 23, 1973, wherein you request an opinion concerning section 2-07-06.1 of the North Dakota Century Code, as amended, in relation to possible effects of certain provisions of Senate Bill No. 2278 currently under consideration by the 1973 Legislative Assembly. You submit the following in your letter of inquiry: "I hereby request

OPINION 73-477 February 21, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, North Dakota 58501 Dear Representative Bunker: This is in response to your request for an opinion with reference to the last two sentences of Section 54-06-14 as amended. Section 54-06-14 was amended by Chapter 378 of the 1965 Session Laws (House Bill No. 913). The bill as introduced was amended by striking everything after the words "a bill" and by substituting in lieu thereof the language that no appears in S

OPINION 73-96 February 12, 1973 (OPINION) The Honorable Wayne Sanstead President of the Senate Forty-third Legislative Assembly State Capitol Bismarck, ND 58501 Dear Mr. Sanstead: The question has been presented as to whether the legislature may establish a starting date for payment of the bonus to the Vietnam Conflict veterans different from that contained in chapter 37-25 of the North Dakota Century Code. That date is presently August 5, 1964. See section 37-25-02(1) of the North Dakota Century Code. The authority for the enactment of Chapter 37-24 of the North Dakota

OPINION 73-481 February 9, 1973 (OPINION) Mr. Bruce L. Bartch Director Business and Industrial Development Department State Office Building Bismarck, North Dakota 58501 Dear Mr. Bartch: This is in reply to your letter of February 7, 1973, in which you request an opinion regarding the North Dakota Indian Development Fund as authorized in Chapter 54-34.2 of the North Dakota Century Code. You state the following facts and questions: "This opinion request deals with the applicability of a project for Indian Development Fund monies as a condition required by a federal agency. S

OPINION 73-261 February 7, 1973 (OPINION) Representative Vernon E. Wagner Forty-third Legislative Assembly House Chamber State Capitol Bismarck, North Dakota Dear Mr. Wagner: This is in response to your request for an opinion concerning section 26-08-11 of the North Dakota Century Code, as amended. We understand that your request is pursuant to inquiry submitted to you by Blue Shield of North Dakota, by letter of date, January 24, 1973. The text of the inquiry is as follows: "As you may know, section 26-27-11 of the North Dakota Century Code having to do with Blue Shield p

OPINION 73-448 February 2, 1973 (OPINION) Mr. Walter R. Hjelle Commissioner North Dakota Highway Department Capitol Grounds Bismarck, North Dakota 58501 Dear Mr. Hjelle: This is in response to your letter in which you state the following: "One of the provisions of Section 39-06-37, N.D.C.C., states: 'If any person fails to return to the commissioner any license or permit which has been cancelled, suspended, or revoked, the commissioner shall direct any highway patrolman or peace officer to secure possession thereof and return the same to the commissioner.' 'In the attached

OPINION 73-620 January 30, 1973 (OPINION) Mr. Lester J. Trnka City Attorney Box 88 Oakes, ND 58474 Dear Mr. Trnka: This is in reply to your letter of January 23, 1973, with regard to you city's planning and zoning ordinance and commission. You inform us that on November 13, 1968, your city council by ordinance created a Planning Commission and requested that same make a master plan for the physical development of the municipality and of any land outside its boundaries which, in the commission's judgment, bears a relation to the planning of the municipality. You indicate th

OPINION 73-372 January 30, 1973 (OPINION) Ms. Helen Foghty President Devils Lake School District Devils Lake, ND 58301 Dear Ms. Foughty: RE: Lake Region Junior College Revenue Bonds of 1972, $1,250,000 As requested, we have examined the certified copies of the proceedings pertaining to the bond issue in the amount of $1,250,000 known as Lake Region Junior College Revenue Bonds of 1972; in addition we have examined a certified copy of the bond as well as a specimen copy of the bond. The authority for issuing such bonds is based on chapter 15-55 of the North Dakota Century

OPINION 73-494 January 29, 1973 (OPINION) Major General La Clair A. Melhouse Office of the Adjutant General P. O. Box 1817 Bismarck, ND 58501 Dear Major General Melhouse: This is in response to your letter in which you state the following: "Paragraph 1, section 37-25-02 North Dakota Century Code reads as follows: 1. 'Period of service' means the period of time beginning August 5, 1964 and ending on a date prescribed by the President or the Congress for the cessation of hostilities in Vietnam. "The question: If the cease fire agreement as announced by President Nixon at

OPINION 73-460 January 29, 1973 (OPINION) Mr. Corliss F. Nelson State Superintendent of Construction Office of Secretary of State State Capitol Bismarck, North Dakota 58501 Dear Mr. Nelson: This is in reply to your letter of January 19, 1973, with regard to the rulemaking power of the State Superintendent of Construction under Chapter 54-21.1-01. Your question is stated as: "Can the Construction Superintendent, with approval of the State Electrical Board, State Plumbing Board, State Fire Marshal and the North Dakota Mobile Home Dealers, promulgate changes or additions other

OPINION 73-523 January 22, 1973 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, ND 58501 Dear Lieutenant Governor Sanstead: This is in response to your letter of January 17, 1973, wherein you ask for my opinion on the question of whether the tax that is provided for in Senate Bill No. 2096 which has been introduced in the 1973 Legislature would be constitutional if the bill is enacted into law. You are particularly concerned with charges that the tax would be an unconstitutional restoration of the tax on personal property that was repea

LETTER OPINION 73-570 January 18, 1973 (OPINION) Mr. Dale W. Moench City Attorney P. O. Box 1157 Dickinson, ND 58601 Dear Mr. Moench: This is in response to your letter in which you state the following: "The Dickinson City Commission has requested that I write for an opinion regarding Section 40-57.1-06, as amended, of the North Dakota Century Code. "The problem involves a local manufacturing firm which received a property tax exemption and income tax exemption on February 10, 1970. This property tax exemption and income tax exemption were for a period of five years. Rec

January 10, 1973 Mr. Hugh McCutcheon City Attorney PO Box 939 Minot, North Dakota 58701 Dear Mr. McCutcheon: This is in reply to your letter of January 2, 1973, in which you enclosed a copy of an opinion dated January 2, 1973, address to the Mayer and City Council of the City of Minot concerning field notes and work product of the city assessor and whether they are open to public inspection. We have read the opinion and the statutes and cases cited therein and we are in agreement with the conclusions reached in the opinion. We might further note, in support of your conclusion, that section 40-

LETTER OPINION 73-13 January 9, 1973 (OPINION) The Honorable A. G. Bunker Speaker of the House North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Mr. Bunker: This is in response to your request for an opinion on Senate Bill 2034 which authorizes the North Dakota Outdoor Recreation Agency to determine those tracts of school land under the jurisdiction of the Board of University and School Lands having exceptional scenic, archaeological, historical, recreational, conservational, or wildlife enhancement value, and to prohibit the sale of these lands unless a

LETTER OPINION 73-265 January 4, 1973 (OPINION) Mr. J. O. Wigen Commissioner of Insurance Insurance Department State Capitol Bismarck, ND 58501 Dear Mr. Wigen: This is in response to your letter of December 19, 1972, wherein you request an opinion of this office regarding section 26-31-01 of the North Dakota Century Code, relating to automobile warranties. You submit the following facts and inquiry in your letter: "We would appreciate your opinion on the interpretation of section 26-31-03 of the North Dakota Century Code. The question is 'Should the commissioner of insur

OPINION 73-440 January 3, 1973 (OPINION) Mr. Walter R. Fiedler Director of Institutions State Capitol Bismarck, ND 58501 Dear Mr. Fiedler: This is in response to your letter in which you state the following: "I do hereby request an opinion by your office in regard to Burial Accounts at the Grafton State School. The Burial Fund is kept in the Walsh County Bank and the Grafton National Bank in the form of Certificates of Deposit entitled Residents' Personal Welfare and Last Rites Account. These accounts, totaled as of December 31, 1971, $342,174.30, and there is some conce

OPINION 72-428 December 6, 1972 (OPINION) Mr. LeRoy H. Ernst Executive Director Governor's Council on Human Resources State Capitol Bismarck, North Dakota 58501 Dear Mr. Ernst: This is in response to your letter in which you state the following: "During a June 24, 1972, meeting of the North Dakota Commission on the Status of Women, the Commission voted to request that it be affiliated with the Governor's Council on Human Resources. This request was taken under advisement by Governor William L. Guy and subsequently granted on July 7, 1972. A copy of Governor Guy's directive

OPINION 72-343 December 1, 1972 (OPINION) The Honorable William L. Guy Governor State Capitol Bismarck, ND 58501 Dear Governor Guy: This is in response to your letter in which you state the following: "We are in the process of establishing an officer policy toward the records of the Governor's Office that are contained in the files. I do not refer to such records as Industrial Commission hearing tapes, or minutes of the Commission, or ledgers containing House and Senate bills, or ledgers of the State Board of Pardons, or Proclamation ledgers, or Executive Order ledgers, or

OPINION 72-295 December 1, 1972 (OPINION) Mr. Ralph M. Wood North Dakota Highway Patrol State Capitol Bismarck, ND Dear Mr. Wood: This is in reply to your letter of 21 November 1972 requesting that this office render an opinion regarding the application of section 29-05-31 of the North Dakota Century Code and the use of the uniform traffic ticket with respect to offenses occurring under chapter 49-18 of the North Dakota Century Code. You state further that you specifically wish to know whether or not the uniform traffic ticket can be used by North Dakota highway patrolmen unde

OPINION 72-65 November 27, 1972 (OPINION) Mr. R. G. Nerison Assistant City Attorney Office of City Attorney Box 1560 Jamestown, ND 58401 Dear Mr. Nerison: This is in response to your request for an opinion as to whether or not violations of the provisions of Chapter 19-03.1 (Uniform Controlled Substances Act) can be prosecuted in the municipal court of the city of Jamestown. In brief, would the municipal court of the City have jurisdiction over violations of ordinance, if it had an ordinance containing substantially the same subject matter as set out in Chapter 19-02.1 of

OPINION 72-457 November 27, 1972 (OPINION) Mr. Fred Saefke Assistant City Attorney Four Eleven Professional Center 411 North Fourth Street Bismarck, North Dakota 58501 Dear Mr. Saefke: This is in response to your letter in which you ask for an opinion whether or not the Bismarck Municipal Court has jurisdiction over apparent ordinances, violations occurring on the State Capitol Grounds within the City of Bismarck. To assist in finding an answer to your question, you give us the following citations: Section 113 of the North Dakota Constitution, Sections 29-01-15, 39-03-09(1

OPINION 72-332 November 8, 1972 (OPINION) Mr. H. L. Thorndal President Bank of North Dakota 700 East Main Street Bismarck, ND 58501 Dear Mr. Thorndal: This is in response to your letter of October 2, 1972, wherein you make inquiry of this office for an opinion regarding the status of persons 18 years to bind self and his or her upon a real estate mortgage. You submit the following questions in your letter of inquiry: "What is the capacity of a nonadult under the present North Dakota law to bind self and his or her real estate in making a real estate loan? The Code now s

OPINION 72-340 October 11, 1972 (OPINION) Mr. Martin N. Gronvold Executive Director Employment Security Bureau 201 East Broadway P. O. Box 1537 Bismarck, ND 58501 Dear Mr. Gronvold: This is in response to your letter in which you state the following: "The Department of Labor Regional Office has been concerned as to what disposition is being made of legal documents we acquire to the purchase of or rental-purchase of certain properties with the use of Federal funds. "You are well aware of the fact that we have now purchased several buildings on the lend-purchase agreement and

OPINION 72-253 September 27, 1972 (OPINION) Mr. Leonard W. D. Campbell Regional Counsel Environmental Protection Agency Region VIII Suite 900 1860 Lincoln Street Denver, Colorado 80203 Dear Mr. Campbell: This is in response to your letter of September 7, 1972, wherein you make inquiry of this office relative to a statement of opinion regarding the North Dakota Water Pollution Control Act. Your letter refers to our letter of May 25, 1972, addressed to Mr. Willis Van Heuvelen, Executive Officer, State Department of Health, wherein this office approved the NORTH DAKOTA WATER

OPINION 72-219 September 25, 1972 (OPINION) Mr. William J. Kriedemann County Auditor Golden Valley County Beach, ND 58621 Dear Mr. Kriedemann: This is in response to your letter in which you recite some of the procedures that took place in your county with reference to the redistricting and election of county commissioners. Earlier, an effort had been made to file a redistricting plan, but upon review it was found to be inadequate and in a letter dated August 17, 1972, we informed that the redistricting plan could not be considered a valid plan and that the office of county c

OPINION 72-272 September 15, 1972 (OPINION) Mr. Richard J. Wolfert State Librarian North Dakota State Library Bismarck, ND 58501 Dear Mr. Wolfert: This is in reply to your letter of July 28, 1972, asking for clarification of library funds in the operation of public libraries. You mention section 40-38-02 of the 1971 Supplement to the North Dakota Century Code and sections 40-38-03(3) and 40-38-06 of the North Dakota Century Code. You do not mention section 40-38-11 of the 1971 supplement to the North Dakota Century Code on which basis we assume your question does not relate

OPINION 72-130 September 15, 1972 (OPINION) Mr. C. E. Crane State's Attorney Hettinger County Commercial Bank Building Mott, ND 58646 Dear Mr. Crane: This is in response to your letter requesting an opinion of this office as to whether your county, which owns highway building and maintenance machinery and equipment intended and purchased for the maintenance and construction of county roads can use this equipment and county employees operating same in the construction and maintenance of township roads, and to perform services for several of the cities. You letter indicates t

OPINION 72-396 September 14, 1972 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County Fessenden, ND 58438 Dear Mr. LaQua: This is in response to your inquiry with regard to the appointment by the Sheriff of Deputies. You inform us that it has been the policy of the sheriff to appoint six or seven individuals as special deputies on an annual basis with their appointment terminating on December 31. They sign an oath of office which is retained by the sheriff. You indicate that these special deputies are usually police officers in different cities in the sheriff's

OPINION 72-290 August 9, 1972 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department State Office Building Bismarck, ND Dear Mr. Bosch: This is in response to your letter of June 22, 1972, with regard to motor vehicle registrations where check for renewal fee is returned to your office by the bank with the notation "account closed." You inform us that in the situation in question the motor vehicle registration was renewed for the current year and the payment for the fees was made by check. You state that subsequently the check was returned to your office by the bank

OPINION 72-566 August 7, 1972 (OPINION) Mr. Glenn Dill Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Dill: This is in response to your letter in which you state that a question has been posed to you regarding the provisions of Section 57-02-41 as same may relate to transfer of property from the Bank of North Dakota to a private purchaser on April 28, 1972. You specifically ask whether the property should be assessed as of April 28, 1972, for the balance of the year and taxes levied on that basis. You also call our attention to subsection 6 of Sec

OPINION 72-579 August 4, 1972 (OPINION) Mr. Byron L. Dorgan Tax Commissioner State Tax Department State Capitol Bismarck, ND 58501 Dear Mr. Dorgan: This is in response to your letter in which you make reference to the increased mobility of society and the reduction of durational residency requirements for voting, together with the recent reapportionment order which also recognizes military installations in determining the population for representation in the State Legislature. You further advise that you have been receiving inquiries from residents of the military installat

OPINION 72-247 August 2, 1972 (OPINION) Mr. Walter R. Hjelle Highway Commissioner State Highway Building Bismarck, ND 58501 RE: Chapters 23-21 and 23-21.1, N.D.C.C. Dear Mr. Hjelle: This is in reply to your request for an opinion, dated August 2, 1972, wherein you asked the following questions: 1. Does chapter 23-21.1 apply to an organization which is a charitable association or owned or controlled by a church or religious group? 2. Does section 23-21.1-03 require deposits in a perpetual care fund for cemetery lots which are sold to the Highway Department and are no l

OPINION 72-399 July 28, 1972 (OPINION) Mr. Thomas O. Smith Special Assistant Attorney General State Land Department State Capitol Bismarck, ND 58501 Dear Mr. Smith: This is in response to your letter of July 19, 1972, wherein you make inquiry of this office for an opinion regarding section 35-22-13 of the North Dakota Century Code. You submit the following facts and question in your letter: "A problem has arisen in the State Land Department which we believe requires an Attorney General's Opinion. The facts are as follows: "The State Land Department is in the process of

OPINION 72-35 July 25, 1972 (OPINION) Mr. Frank E. Hull Deputy Commissioner of Insurance State Capitol Bismarck, ND 58501 Dear Mr. Hull: This is in response to your letter of June 20, 1972, wherein you make inquiry of this office regarding the State Bonding Fund. You submit the following in your letter: "The State Game and Fish Department provides that county auditors may appoint subagents to sell fishing and hunting licenses. The Bonding Fund would like to know if these subagents may be bonded under the county bond as employees of the count." Initially we would note the

Mr. Dewel E. Viker, Jr. State’s Attorney Traill County Hillsboro, ND 58045 Dear Mr. Viker: Enclosed is a copy of an opinion addressed to Mr. M.C. Hiaasen involving Benson County and concluding that the county commissioner are all up for election. We have examined the additional information you submitted to us on June 22, 1972, but are convinced that pursuant to the provisions of Section 11-07-04 of the North Dakota Century Code, the county commissioners must be up for election. This is in line with the reasoning and conclusions reached in the opinion addressed to Mr. M.C. Hiaasen, State’s At

OPINION 72-542 July 19, 1972 (OPINION) Mr. Thomas F. Meagher, Jr. Assistant General Counsel, Transportation Room 4226 U. S. Postal Service Washington, D.C. 20260 Dear Mr. Meagher: This is in reply to your letter of June 21, 1972, inquiring about the liability under the motor fuel tax laws of this state of air taxi operators who contract with the U. S. Postal Service for the carriage of mail. One of your questions is whether "motor vehicle fuels" as defined in section 57-54-03 N.D.C.C. includes fuel consumed by piston-powered aircraft and turboprop and pure jet aircraft. Our

OPINION 72-217 July 19, 1972 (OPINION) Mr. M. C. Hiaasen State's Attorney Benson County Minnewaukan, ND 58351 Dear Mr. Hiaasen: This is in response to your letter in which you state that the Redistricting Board of Benson County as redistricted but only changed two Commissioner's Districts in any manner or form. The change accomplished by the Redistricting Board resulted in adding Lallie Township which was formerly in District No. 3 to District No. 2. The change according to your letter resulted in adding 66 new voters to District No. 2 which results in a similar loss to D

OPINION 72-288 July 5, 1972 (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 14, 1972, wherein you make inquiry of this office for an opinion regarding the interpretation of section 39-21-45.1 of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter: "As you are perhaps aware Traill County is bordering on the sister state of Minnesota and vehicles with Minnesota registration are frequently found upon our highways. Several vehicles

OPINION 72-206 July 5, 1972 (OPINION) Mr. Jack Huss Chairman North Dakota Republican State Committee P. O. Box 1917 202 1/2 North Third Street Bismarck, ND 58501 Dear Mr. Huss: This is in response to your letter in which you state the following: "There is much confusion among the district party organizations as a result of the recent ruling on reapportionment. "In some districts we have two district committee chairmen and no procedure to determine who is chairman of the new district. In others we have a chairman living in the district but no assurance that he may not be cha

OPINION 72-128 June 30, 1972 (OPINION) Mr. John O. Garaas State's Attorney Cass County RE: Counties - Welfare Board - Mileage This is in response to your letter in which you set forth the following: "There are two members of the Cass County Board of County Commissioners appointed to the Cass County Welfare Board. One of these commissioners resides quite some distance from Fargo, and, on occasion, attends meetings of both the Cass County commission and the Cass County Welfare Board on the same day. The Cass County Commissioners are paid pursuant to North Dakota Century Code

OPINION 72-350 June 29, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: State - Presidential Electors - Number This is in response to your letter in which you ask for an opinion on the following: "I would like to have your opinion as to whether the State of North Dakota is going to have four presidential electors or three on the ballot this year, as we are losing one Congressman. But at the same time, we will still have two United States Senators and two United States Congressmen until the first of the year. "In your opinion would we have three presidential el