North Dakota Attorney General Opinions

OPINION 71-247 October 21, 1971 (OPINION) Mr. John O. Garaas State's Attorney Cass County RE: Municipal Industrial Development Act - Mortgage - Foreclosure Proceedings This is in response to your letter of October 12, 1971, wherein you request an opinion of this office regarding the construction of section 40-57-03 of the North Dakota Century Code, as the same relates to the foreclosure of property acquired under the Municipal Industrial Development Act. You submit the following facts and inquiry in your letter: "I am requesting an opinion from your office as to whether the

OPINION 71-313 October 15, 1971 (OPINION) Mrs. Bernice Asbridge State Treasurer RE: State - Escheat - Postal Savings This is in response to your letter of September 17, 1971, wherein you make inquiry of this office with regard to chapter 518 of the 1971 North Dakota Session Laws relating to escheat of postal savings system accounts. You submit the following in your letter: "This office has encountered a problem in regard to the Escheat of Postal Savings System Accounts. "Senate Bill No. 2181 (chapter 518, 1971 Session Laws) was passed by the 1971 Legislative Session with the

OPINION 71-353 October 13, 1971 (OPINION) Mr. L. A. Koehler State Food Commissioner and Chemist State Laboratories Department RE: State - Restaurant Licenses - Prepackaged Foods This is in reply to your letter of August 30, 1971, wherein you request the opinion of this office with regard to whether section 5-02-07, North Dakota Century Code, which permits the serving of prepackaged preserved pizzas and sandwiches in bars, should also be construed to permit the serving of such pizzas and sandwiches at places other than bars, which places have not been licensed under the restau

OPINION 71-465 October 8, 1971 (OPINION) Mr. Joseph C. McIntee State's Attorney McHenry County RE: Townships - Levy for Debt - Unorganized Townships This is in response to your letter of September 20, 1971, wherein you make request of this office for an opinion regarding the provisions of Section 57-15-30.1 of the North Dakota Century Code, as amended. You submit the following facts and question in your letter: "The Board of County Commissioners of McHenry County, North Dakota, have requested through my office, an opinion from you relative to the above captioned section, which

OPINION 71-257 October 6, 1971 (OPINION) The Honorable Robert F. Reimers Representative Carrington, ND RE: Municipal Industrial Development Act - Projects - Location This is in response to your letter of September 23, 1971, wherein you make inquiry of this office requesting an official opinion regarding Chapter 40-57 of the North Dakota Century Code, relating to the Municipal Industrial Development Act. You submit the following questions in your letter: 1. Would it be possible, under the terms of the North Dakota Municipal Industrial Development Act, for the City of Jame

OPINION 71-374 September 28, 1971 (OPINION) The Honorable Donald C. Holand State Senator Fargo, ND RE: Statutes - Responsible Relatives - Retroactive Effect This is in response to your request for an interpretation of Section 25-09-04 of the North Dakota Century Code. This section was amended by the Legislative Assembly in 1971. The pertinent provision of this section prior to the amendment read as follows: "* * *For the purposes of this chapter and title 25 of this code 'responsible relatives' shall mean the patient's spouse, father, mother or children." The 1971 Legislat

OPINION 71-268 September 21, 1971 (OPINION) Mr. John O. Garaas States Attorney Fargo, ND 58102 RE: Public Bids - Certified Check - Cashier's Check This is in response to your letter of September 16, 1971, wherein you request an opinion of this office regarding section 11-11-28 of the North Dakota Century Code, as amended. You submit the following in your letter: "I am requesting an opinion from your office as to section 11-11-28 of the North Dakota Century Code as amended in 1971. The advertisement for bids was made subsequent to July 1, 1971, and specified that bids must

OPINION 71-283 September 13, 1971 (OPINION) Mr. Leslie O. Ovre Executive Director Department of Human Services RE: Public Welfare - Residency Statute Constitutionality This is in response to your letter in which you call our attention to the decision of the United States Supreme Court in Graham v. Richardson, 29 L. Ed. 2d. 534. You then ask in view of the decision in section 50-24-03(1) valid? Section 50-24-03(1) provides as follows: "ELIGIBILITY. Assistance shall be granted under this chapter to any person who shall meet the following requirements: 1. Has resided ten

OPINION 71-177 September 9, 1971 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner RE: Highways - Revenues - Use You have requested an Opinion as to your authority to expend up to $18,000 of State Highway Funds for the conducting of a cooperative demonstration-research project which will cover a period of one year and involve an expenditure of $60,000, and which will provide for shuttlebus services for children, elderly, the poor, the handicapped and others who may be isolated without means of transportation and who can show a necessity to be transported to a central hu

OPINION 71-143 September 1, 1971 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Elections - Residency - College Students This is in response to your letter in which you state that it is desirable to have a ruling as to where eighteen-year-old persons are permitted to vote. This question arises as the result of the ratification of the Twenty-sixth Amendment to the United States Constitution. With your request you forwarded a letter from the North Dakota Students Association in which they contend that since census counts a resident student as part of a coll

OPINION 71-8 August 27, 1971 (OPINION) Mr. Leland R. Miller Dairy Commissioner Department of Agriculture RE: Agriculture - Livestock Sales Rings and Dealers - Licenses This is in reply to your letter of 18 August 1971 requesting an opinion of this office with regard to livestock dealers. Your first question is stated as: 1. Can livestock markets or sales rings purchase livestock to protect the market without being legally licensed or bonded by this department?" For an example you give us: "Example: A market or sales ring owner, manager, or operator when approached for se

OPINION 71-127 August 27, 1971 (OPINION) Mr. Donavon K. Stetson State's Attorney Ransom County RE: Counties - Taxation - Levy for Historical Works This is in response to your letter in which you call our attention to Section 11-11-53 which authorizes a one-quarter mill levy for historical works. You then ask whether or not the one-quarter mill levy is subject to the twenty-mill limitation as prescribed by Section 57-15-06. Section 11-11-53(2) as amended among other things provides that the board of county commissioners is authorized to levy a tax "in addition to all levies

OPINION 71-376 August 26, 1971 (OPINION) Mr. L. A. Koehler State Food Commissioner and Chemist State Laboratories Department RE: Statutes - Uniform Controlled Substances Act - Schedules - Revis This is in reply to your letter of August 18, 1971, with regard to proceedings by your department under North Dakota's Uniform Controlled Substances Act, Chapter 19-03 of the 1971 Supplement to the North Dakota Century Code, in relation to proceedings under the Federal Drug Abuse Prevention and Control Act, Title 21, USCA 801 through 965. You inform us that you have been advised by the

OPINION 71-329 August 25, 1971 (OPINION) Mr. Tor Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Group Insurance - Life Insurance This is in response to your letter in which you refer to an opinion issued by this office on August 9, 1971, and its conclusion and then state the following: "It has come to my attention that approximately 1,500 state employees, primarily female employees, are covered by hospital-surgical and major medical insurance under their husbands' contract. In accordance with your opinion, these state employees would

OPINION 71-134 August 25, 1971 (OPINION) Mr. Clifton M. Anderson Clerk of District Court and Judge of County Court Divide County RE: Courts - Jurors - Age This is in response to your letter in which you state as follows: This office would appreciate a written opinion from your office regarding Section 27-09.1-08 subsection 2(a), North Dakota Century Code regarding the age of jurors. Due to recent federal legislation when the voting age has been lowered to 18 years, would this have any bearing on the above section and also on Section 14-03-17 subsection 1, regarding age of mal

OPINION 71-463 August 23, 1971 (OPINION) Mr. Linn Sherman State's Attorney Kidder County RE: Townships - Levy for Debt - Amount This is in response to your letter in which you state the following: Under the terms of Section 57-15-30.1 of the 1971 pocket supplement to the Century Code, when a township is indebted to the county, and the debt is more than one year past due, the county commissioners may require the county auditor to levy a tax upon the property within the township sufficient to pay such indebtedness, to be used for that purpose, but in no case shall the total amo

OPINION 71-403 August 13, 1971 (OPINION) Mr. Vernon C. Cooper Manager Garrison Diversion Conservancy District RE: Taxation - Interest and Penalties - Paid to Garrison Conservancy This is in response to your letter in which you ask for an opinion on the following question: "Are the county treasurers of the counties in the conservancy district required to remit interest and penalties on taxes they collect for the Garrison Diversion Conservancy District to the conservancy district along with the remittance of the tax collections, as set forth in 61-24-12, or does the interest and

OPINION 71-232 August 11, 1971 (OPINION) Mr. Charles Bosch Motor Vehicle Registrar RE: Motor Vehicles - Trailers - License Fees This is in reply to your letter of July 28, 1971, with regard to the application of section 39-18-03, subsection 5, of the Supplement to the North Dakota Century Code by your department. You point out that this statutory subdivision was amended by two chapters of the 1971 Session Laws, Chapter 380 and Chapter 381, which results in two different versions of this provision. In attempting to reconcile these provisions (according tot he footnotes thereto

OPINION 71-330 August 9, 1971 (OPINION) Mr. Tor Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Group Insurance Options This is in response to your letter in which you state that the board has awarded a contract to Blue Cross and to Blue Shield for hospital and medical benefits and to Northern National for life insurance. You further state that the board would like to provide, as an employee option, the privilege of carrying life insurance benefit coverage without hospital and medical benefit coverage, considering life insurance alone as

OPINION 71-33 August 9, 1971 (OPINION) Mr. Wayne O. Solberg City Attorney Fargo, ND RE: Cities - Budget Review Board - Reductions in Budget This is in reply to your letter of August 4, 1971, relative to the budget of the City of Fargo. You state the following facts and questions: "By way of background information, the Board of City Commissioners approved the preliminary budget by a 3-2 vote and this budget was submitted to the Board of Budget Review. The Board of Budget Review made certain revisions in the budget which amounted to a reduction in the mill levy of 2.14 mill

OPINION 71-167 August 2, 1971 (OPINION) Mr. Ken Raschke Commissioner State Board of Higher Education RE: Higher Education - Revenue Buildings - Expenses This is in response to your letter in which you make reference to Section 15-55-21 which was created by Chapter 199 of the 1971 Session Laws and then ask if its provisions apply to the following facts and circumstances relating to the Winter Sports Building at the University of North Dakota, Grand Forks: "1. The 1969 Legislature first authorized this winter sports building by Chapter 204 of the 1969 Session Laws. The total

OPINION 71-183 July 28, 1971 (OPINION) Mr. Leslie O. Ovre Executive Director Department of Social Services RE: Indians - Jurisdiction - Licensing of Foster Homes This is in reply to your letter of July 21, 1971, concerning the authority of the State of North Dakota to license and enforce standards of foster homes for Indian children on the federal Indian reservations in North Dakota. You ask our opinion on the following questions: 1. With reference to the Social Security Act, Section 402(a)(20) provides that a state plan for aid and services to needy families with childre

OPINION 71-220 July 26, 1971 (OPINION) Mr. Rodney S. Webb Walsh County State's Attorney RE: Minors - Guardians - Termination at Majority This is in reply to your letter of July 20, 1971, relative to the above cited legislative enactment. You state the following facts and questions: At the request of the Walsh County Court, we would ask your opinion concerning the relevance of the recently passed law, referred to above, as it might apply to termination of guardianships. Presently, the Court has before it several guardianships for the estates and persons of male individuals w

OPINION 71-434 July 22, 1971 (OPINION) Mr. Ralph Dewing Director Department of Accounts and Purchases RE: Taxation - Refunds - Business Privilege Tax This is in response to your letter in which you state as follows: "The 1971 session of the Legislature created a reserve for income tax refunds by Chapter 563 of the Session Laws. "All refunds for overpayment of income taxes are to be paid from this reserve and the question has been raised whether business privilege tax refunds can also be paid from this special fund. "The State Tax Commissioner has informed me that he has sever

OPINION 71-85 July 20, 1971 (OPINION) Mr. John Richardson Assistant States Attorney Mercer County RE: Corporations - Corporate Farming - Application This is in reply to your letter of July 14, 1971, requesting an opinion of this office as to whether or not a corporation formed for the purpose of custom combining would be in violation of section 10-06-01 of the North Dakota Century Code. You inform us that the corporation in question would engage in the business of combining of crops for others and the question involved in whether or not this would constitute being in the busin

OPINION 71-222 July 19, 1971 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Camper Trailers - Status Dear Colonel Wood: This is in reply to your letter of June 30, 1971, informing us that recent questions have arisen relative to camper trailers, best described as a fifth wheel type, which is attached to a pickup truck. The advertising brochure you enclose indicates that the advertised vehicle has the "same fifth-wheel hitching principal that is used in every semitrailer truck." The pictures therein would indicate that the tow

OPINION 71-439 July 15, 1971 (OPINION) Mr. Lloyd H. Nygaard Assistant Commissioner of Higher Education RE: Taxation - Sales Tax - College Food Service This is in reply to your letter of June 30, 1971, relative to House Bill 1053 enacted by the 1971 Legislative Assembly. You state the following facts and questions: "House Bill 1053 was passed by the Legislature, signed by Governor Guy and becomes effective on July 1, 1971. It creates and enacts a new subsection to Section 57-39.2-04 of the sales tax law. The new subsection exempts food purchased by a student under a board

OPINION 71-190 July 14, 1971 (OPINION) Mr. Lloyd H. Nygaard Assistant Commissioner of Higher Education RE: Labor - Minimum Wage - Students Exempt This is in reply to your recent letter relative to House Bill 1503 enacted by the 1971 Legislative Assembly. You state the following facts and questions: House Bill 1503 states that employees hired on a full-time monthly basis shall receive a minimum wage of not less than $300 per month after June 30, 1971, except that students working as part-time help shall be exempt from these provisions. We respectfully request your opinion on

OPINION 71-179 July 13, 1971 (OPINION) Mr. Theodore F. Kessel City Attorney for City of Kulm LaMoure, North Dakota RE: Highways - Revenues - Use by Cities This is in reply to your letter of July 7, 1971, with regard to utilization of the funds received by a city pursuant to the provisions of section 57-52-11, subsection 3B of the 1969 Supplement to the North Dakota Century Code. You call attention to the language therein to the effect that the moneys received by the city shall be used solely for the construction, reconstruction, repair and maintenance of public streets and hi

OPINION 71-132 July 2, 1971 (OPINION) The Honorable Eugene A. Burdick District Judge Williston, ND RE: Courts - Court Reporters - Salaries This is in response to your letter in which you make reference to Section 27-06-02 which has been amended by House Bill 2096. You ask when this act will be effective and fully operative. The question arises as a result of the following language: "The presiding judge of each judicial district, on the first day of January of each year, or as soon thereafter as may be, shall apportion the amount of such salary to be paid by each county in h

OPINION 71-165 June 22, 1971 (OPINION) Mr. Kenneth E. Raschke Commissioner of Higher Education RE: Higher Education - Revenue Buildings - Expenses This is in reply to your letter of June 14, 1971, relative to House bill 1042 of the 1971 Legislative Assembly as applied to the above-captioned bond issue. You note House Bill 1042 creates and enacts sections 15-55-20 and 15-55-21 of the North Dakota Century Code. These sections require that expenses incurred in the use of each revenue-producing building or other revenue-producing campus improvement are to be payable from the gr

OPINION 71-372 June 18, 1971 (OPINION) The Honorable Ben Meier Secretary of State RE: Statutes - Initiative and Referendum Petitions - Form of Affidav This is in response to your letter in which you state that referendum petitions have been presented to your office for filing to refer subsection 9 of Senate Bill 2001 relating to the appropriation for the Department of Accounts and Purchases for the period beginning July 1, 1971, and ending June 30, 1973. You also have set out the affidavit which is found on the petitions which reads as follows: "STATE OF NORTH DAKOTA COUNTY O

OPINION 71-21 June 18, 1971 (OPINION) Mr. Norman L. Peterson, Director Division of Water Supply and Pollution Control State Department of Health RE: Bank of North Dakota - Municipal Sewage Projects - Financing This is in reply to your letter of June 17, 1971, with regard to a program involving use of funds from the Bank of North Dakota in construction of municipal sewage treatment facilities. Your question is stated as: Does the Bank of North Dakota, as a State Agency, have the legal authority to put money into municipal waste treatment facilities." The Bank of North Dakota i

OPINION 71-1 June 16, 1971 (OPINION) Mr. Corliss F. Nelson State Superintendent of Construction Secretary of State's Office RE: Administrative Agencies - Superintendent of Construction - Proce This is in response to your letter in which you call our attention to House Bill 1147 enacted by the 1971 Legislature which directs you as construction superintendent to adopt Standard ANSI-119.1 by the American National Standards Institute. The same bill also authorizes changes or additions to such standards after July 1, 1971. You then request our opinion whether or not the Administra

OPINION 71-171 June 14, 1971 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Highway Patrol - Jurisdiction - State Parks This is in reply to your letter of June 4, 1971, relative to the authority of the Highway Patrol. You state the following facts and questions: "During the course of routine patrol effort, officers from this department frequently are called upon to respond to what appears to be public offenses, both of traffic and criminal nature, on the roads and highways of our state and federal park system. While it has not been a proble

OPINION 71-381 June 10, 1971 (OPINION) Mr. Gerald Rustad Assistant State's Attorney Williams County RE: Taxation - Assessment - Definition of Real Property This is in reply to your letter of June 3, 1971, relative to a matter of assessment for tax purposes. You state the following facts and questions: The Williams County Director of Tax Equalization has requested an interpretation of the North Dakota Century Code section 57-02-04 'Real Property' defined, subsection 3(a) which states: 3. 'Machinery and equipment, but not including small tools and office equipment, used or

OPINION 71-255 June 3, 1971 (OPINION) Mr. H. L. Thorndal President Bank of North Dakota RE: Municipal Industrial Development Act - Projects - Location This is in response to your letter of May 26, 1971, wherein you make inquiry of this office for an opinion concerning the Municipal Industrial Development Act of 1955. You submit the following facts and question in your inquiry: The Bank of North Dakota has been asked to originate a Municipal Industrial Development Revenue Bond, under Chapter 50-47 (sic) of the North Dakota Century Code, for the 'Custom Feeders, Inc.', locate

OPINION 71-155 June 1, 1971 (OPINION) Mr. Thomas F. Kelsch State's Attorney Burleigh County Courthouse RE: Hairdressers - Wigs - Licenses This is in response to your letter of April 19, 1971, wherein you request an opinion of this office concerning Chapter 43-11 of the North Dakota Century Code as it relates to persons engaged in selling, arranging and styling wigs within the State of North Dakota. You submit the following inquiry in your letter: "It has been called to my attention that a number of retail stores and individuals, not licensed by the North Dakota Board of Haird

OPINION 71-453 May 28, 1971 (OPINION) Miss Margaret L. Gillen Executive Secretary Teachers' Insurance and Retirement Fund RE: Teachers' Fund for Retirement - Assessments - Computation This is in reply to your letter of May 19, 1971, in which you set forth the following facts and questions: 1. If a teacher who has previously retired and prior to July 1, 1971, resumes teaching and has earnings over the amount established by the Social Security Administration, what rate of assessments shall be withheld on said teacher's earnings for the school term involved? "Does Section 15-3

OPINION 71-26 May 21, 1971 (OPINION) Mr. G. W. Ellwein Commissioner Department of Banking and Financial Institutions RE: Banks - Facilities - Definition This is in response to your letter in which you ask for a clarification of the word "facility" as the same is used in Sections 6-03-13.1, 6-03-13.2, 6-03-13.3 and 6-03-13.4. You then ask for "an opinion as to the intent of the aforementioned codes with respect to the numbers of drive-in and walk-up windows a facility may provide." The statutory provisions mentioned in the above sections are as follows: "6-03-13.1. SEPARAT

OPINION 71-173 May 20, 1971 (OPINION) Mr. Walter Hjelle Commissioner State Highway Department RE: Highways - Billboards - Vacation of Right of Way This is in response to your letter in which you set forth a resolution passed by the Highway Corridor Board as follows: Mr. Newman moved that all rights acquired by the State of North Dakota for the use and benefit of the State Highway Department pertaining to the right and control over the erection, location, or maintenance of billboards, signs or any form of advertising within 660 feet from the nearest edge of the right of way of

OPINION 71-13 May 20, 1971 (OPINION) Mr. H. L. Thorndahl President Bank of North Dakota RE: Bank of North Dakota - Building - Appropriation This is in response to your letter of May 11, 1971, wherein you request an opinion of this office concerning the provisions of House Bill 1020 as passed by the 1971 Legislative Assembly and approved by the Governor on March 30, 1971. The provisions of House Bill 1020 set out the appropriations for the Bank of North Dakota, a state agency, for the biennium beginning July 1, 1971, and ending June 30, 1973. You submit the following facts a

OPINION 71-358 May 19, 1971 (OPINION) The Honorable M. F. Peterson Superintendent Department of Public Instruction RE: State - School Construction Fund - Not Used for Salaries This is in reply to your letter of May 13, 1971, in which you state the following facts and questions: In the Session Laws of 1953, Chapter 136, the appropriations statement, section 10, provides, among other things, that the administration of the State School Construction Fund can be financed out of the income to the fund. We have in the Department of Public Instruction a director and a secretary who a

OPINION 71-332 May 17, 1971 (OPINION) Mr. Walter R. Hjelle Commissioner State Highway Department RE: State - Highway Corridor Board - Membership This is in response to your letter in which you set forth the following pertinent provisions of section 24-17-06 which in part states as follows: "HIGHWAY CORRIDOR BOARD - MEMBERS. There is hereby established, to serve as an agency of the state and to perform the functions conferred upon it in this chapter, the highway corridor board, hereinafter referred to as the board. The board shall be composed of the following five members:

OPINION 71-456 May 14, 1971 (OPINION) Miss Margaret L. Gillen Executive Secretary Teachers' Insurance and Retirement Fund RE: Teachers' Fund for Retirement - Assessments - Payment This is in reply to your letter of April 26, 1971, in which you set forth facts and questions involving the Fund as affected by 1971 legislation. Your questions are considered in the order presented in your letter. 1. May a college instructor move from a college into the employ of a public school district this September 1971 and receive benefits as calculated under the formula for the 1971 law?

LETTER OPINION 71-271 May 13, 1971 (OPINION) Mr. Dale Moench City Attorney Dickinson, ND RE: Public Buildings - Airport Authorty - Plans This is in reply to your letter of May 4, 1971, with regard to the letting of contracts by a Minicipal Airport Authority created in accordance with Chapter 2006 of the North Dakota Century Code. You inform us that the Municipal airport Authority is considering building a new hangar at the Municipal Airport. IN deliberating this matter the question has arisen as to whether or not the Municipal Airport Authority would fall within the definiti

OPINION 71-385 May 12, 1971 (OPINION) Mr. Linn Sherman State's Attorney Kidder County RE: Taxation - Delinquent Personal Property Taxes - Collection Fee This is in response to your letter in which you ask for an opinion on the following: "Under the provisions of Section 57-22-29 of the North Dakota Century Code, as amended, the county commissioners are authorized to contract with the sheriff for the collection of certain delinquent personal property taxes, and pay him a percentage, not exceeding 10 percent, of the amount collected, as compensation for such collection. "If su