North Dakota Attorney General Opinions

OPINION 70-115 April 21, 1970(OPINION) Mr. William D. Yuill Assistant State's Attorney Cass County RE: Counties - Employee Pension Plan - Private Companies This is in response to your letter of April 10, 1970, wherein you request an opinion of this office with regard to the property of Cass County contracting with private firms in funding and operating an employees pension plan. Together with copies of correspondence which you have had concerning the matter, you submit a xerox copy of an opinion dated March 10, 1970, which apparently your office rendered to the Cass County Commission,

OPINION 70-338 April 15, 1970 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: State - Highway Patrol Retirement System - Disability Retirement This is in reply to your letter of April 7, 1970, concerning sections 39-03A-15 and 39-03A-16 of the North Dakota Century Code, relative to the North Dakota Highway Patrol Retirement System. You state the following question: Is an officer of the North Dakota Highway Patrol who becomes physically unable to continue to perform the duties of an officer and yet may be qualified for other employment eligible

OPINION 70-336 April 13, 1970 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner RE: State - Highway Department Employees - Relocation Costs This will acknowledge receipt of your request for an Opinion as to your legal authority to adopt a policy and make relocation cost payments to Highway Department employees who are permanently transferred from one headquarters location to another when such transfer is deemed to be the most beneficial to the State. The Legislature authorized you to determine the "compensation" to be paid to Highway Department employees in section 24-0

OPINION 70-408 April 10, 1970 (OPINION) Mr. Byron L. Dorgan Tax Commissioner RE: Taxation - Exemption for New Industries - Application This is in response to your letter in which you set forth some of the problems encountered in the interpretation of Chapter 40-57.1 and advise that there are presently before the board applications for the tax exemption. You then ask for an opinion to help formulate policies that will guide the board in its future actions on the administration of Chapter 40-57.1. You further state that the State Board of Equalization has directed you, as sec

OPINION 70-231 April 7, 1970 (OPINION) Mr. Ralph M. Wood Colonel, North Dakota Highway Patrol RE: Motor Vehicles - Operation While Under Influence - Applies Off H This is in reply to your letter of March 31, 1970, with regard to the application of the provisions of chapter 39-08 of the North Dakota Century Code to off-highway situations pursuant to the provisions of Section 39-10-01 of the 1969 Supplement to the North Dakota Century Code. The statutes specified in your letter, Sections 39-08-01 and 39-10-01 of the North Dakota Century Code, as amended, provide as follows: PERS

OPINION 70-84 April 6, 1970(OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Counties - County Coroner - Assistants This is in response to your letter in which you call our attention to Section 11-19A-05. You then ask an opinion on the question, "Does the law of the State require that an assistant coroner be a citizen of the United States?" Section 11-19A-05 provides as follows: "11-19A-05. APPOINTMENT OF ASSISTANT. The coroner may appoint in writing an assistant coroner or coroners who shall be licensed physicians of good standing in their profession and/or pa

OPINION 70-508 April 6, 1970 (OPINION) Mr. Neil Thompson State's Attorney Ramsey County RE: Townships - Clerk and Treasurer - Merger of Offices This is in response to your letter in which you state the following: At the last township election held in Creel Township, Ramsey County, North Dakota, the following problem was created: A Clerk was elected as a result of the election; A Treasurer was elected as a result of the election; The offices of Clerk and Treasurer were merged as a result of the same election. I, therefore, request your opinion as to whether or not the merger

OPINION 70-493 April 6, 1970 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Court House RE: Taxation - Tax Deed - Effect on Special Assessments This is in response to your letter of March 26, 1970, wherein you make inquiry regarding a letter sent from this office dated February 13, 1970, addressed to Mr. Glenn Dill, Assistant State's Attorney, Minot, North Dakota, and request that this office supply Mr. Dill with an official opinion which encompasses the material set forth in such letter. Accordingly, our response to your inquiry of March 26, 1970, will constitu

OPINION 70-24 April 6, 1970(OPINION) Mr. Garylle B. Stewart Assistant City Attorney Fargo, North Dakota RE: Alcoholic Beverages - Licenses - Hospitals and Nursing Homes This is in response to your letter in which you ask if this office has issued a ruling whether or not hospitals or nursing homes may furnish beer or liquor to their patients and that we provide you with a copy of such ruling. If no such ruling has previously been issued, then you ask for an opinion whether or not such hospitals or nursing homes may furnish beer or liquor to the patients. You also inquire as to the legali

OPINION 70-456 March 5, 1970 (OPINION) Honorable Byron L. Dorgan Tax Commissioner RE: Taxation - Personal Property Tax Repeal - Classification of Prop This is in response to your letter in which you state that a number of questions have arisen since the repeal of the personal property tax. You also point out that probably the most important is the question of what constitutes "real" property and what constitutes "personal" property. You further advise that in April and May of 1969, following the repeal of the personal property tax, your department issued guidelines to the a

OPINION 70-66 April 1, 1970(OPINION) Mr. Russell Staiger Planning Administrator State Planning Division RE: Cities - Zoning and Platting - Inclusion of Extra-Territorial Ar This is in reply to your letter of March 25, 1970, relative to section 40-48-18 of the North Dakota Century Code, as amended. You state the following facts and questions: "In the process of preparing a Comprehensive City Plan for an incorporated North Dakota city, a question has been raised as to the intent of 40-48-18, N.D.C.C. and Senate Bill 158 (1967 session). The particular section of the Century Code and th

OPINION 70-9 March 30, 1970 (OPINION) Mr. Leland R. Miller Dairy Commissioner Department of Agriculture RE: Agriculture - Dairy Processors - Surety Bonds This is in response to your letter of March 17, 1970, wherein you make a request for an opinion of this office regarding amounts reported by milk and dairy processors as determining the amount of surety bond or certified bank draft referred to in section 4-30-03 of the North Dakota Century Code, as amended. You submit the following facts and observations in your letter of inquiry: "An opinion is requested relative to deductions made

OPINION 70-537 March 30, 1970 (OPINION) Mr. Leo G. Novacek Acting Superintendent Bureau of Criminal Identification and Apprehension RE: Weapons - Pistol Permits - Form of Application This is in reply to your letter of March 10, 1970, wherein you make inquiry of this office regarding permits to carry pistols as provided for in chapter 62-01 of the North Dakota Century Code. You submit the following facts and inquiries in your letter: For many years the license to carry a pistol has had a blank provided for the serial number of the pistols the applicant owns. Last fall this

OPINION 70-97 March 23, 1970(OPINION) The Honorable Ben Meier Secretary of State RE: Counties - County Coroner - Elective Office in Certain Counties This is in reply to your letter of March 19, 1970, relative to the office of county coroner. You state the following facts and questions: According to Section 16-01-11 N.D.C.C. the Secretary of State between June 1 and July 1 in each primary election year is to give notice to the County Auditors specifying the several officers to be nominated in each county at the next primary election. Referring you to Section 11-10-02 and Section 11-

OPINION 70-387 March 18, 1970 (OPINION) Mr. William D. Yuill Assistant State's Attorney County of Cass RE: Taxation - Disabled Veterans Exemption - Application This is in response to your letter in which you ask for an opinion on the following questions: 1. Is the exemption limited only to the property located upon lots in any city or village? 2. Would alternative personal property up to an assessed valuation of $4,000. used and owned as a homestead as defined in section 47-18-01 include mobile homes? 3. Would household goods, livestock or farm machinery located in a r

OPINION 70-152 March 18, 1970 (OPINION) Mr. J. D. Woodley Warden North Dakota State Penitentiary RE: Criminal Procedure - Extradition - Escape From State Farm This is in response to your letter in which you state: Recently I had three inmates escape from the North Dakota State Farm. All were sentenced for misdemeanor crimes and the sentences ranged from nine months to one year. I have information that all three of these inmates left the State of North Dakota and will not waive extradition back to the State of North Dakota. My question is, can these men be extradited on an e

OPINION 70-482 March 17, 1970 (OPINION) Mr. Byron L. Dorgan State Tax Commissioner RE: Taxation - Sales and Use Tax - Soft Drink Containers This is in reply to your letter of March 4, 1970, relative to the applicability of the North Dakota sales or use tax to the following: Members of the soft drink industry of the state of North Dakota are now using a relatively new method of merchandising or selling soft drinks in which the soft drink is prepared in a similar manner to other soft drinks but rather than packaging the product in the usual small containers the product is placed

OPINION 70-340 March 13, 1970 (OPINION) Mr. James E. Sperry Superintendent State Historical Society of North Dakota RE: State - Historical Society - Concession This is in reply to your letter requesting the opinion of this office in regard to concession operations, sales of books, historical reprints and back issues of your quarterly. You call our attention to that portion of section 55-02-04 of the 1969 Supplement to the North Dakota Century Code providing: All moneys collected as fees, compensation for concession agreements, or otherwise, shall be placed in the general fun

OPINION 70-215 March 12, 1970 (OPINION) Mr. Charles Bosch Motor Vehicle Registrar RE: Motor Vehicles - Destroyed Vehicles - Credit By your letter of February 26, 1970, you have requested an opinion from this office with regard to an interpretation of the word "destroyed" as it is found in Section 39-04-44 of the North Dakota Century Code. You state that in the past you have allowed a credit on the license fee or tax only for those vehicles destroyed in an accident by fire. You indicate that occasionally owners of motor vehicles request a credit where the motor in their vehi

OPINION 70-302 March 11, 1970 (OPINION) Mr. Orrin B. Lovell State's Attorney Golden Valley County RE: Schools - Excess Levies - Reduction of Basic Mill Levy This is in reply to your letter with regard to application of school district mill levy increase election. You inform us that, at the present time, the school district is operating a high school unit. We presume, under subsection 3 of section 57-15-14 of the 1969 Supplement to the North Dakota Century Code, that as such, their legal mill levy limit is thirty-four mills. You further inform us that in 1968 the residents of

OPINION 70-25 March 11, 1970 (OPINION) Mr. George M. Ackre State's Attorney Towner County RE: Alcoholic Beverages - Minors - Not Employed Where Served In your letter of March 4, 1970, you requested an opinion with regard to whether a supper club or restaurant in which alcoholic beverages are served can employ persons under the age of twenty-one years as bus boys or waitresses as long as such persons in no way handle or take part in the serving of the alcoholic beverages in such establishments. Section 5-02-06 of the North Dakota Century Code provides as follows: PERSONS UNDER TWENTY-O

OPINION 70-244 March 11, 1970 (OPINION) Honorable Richard E. Forkner Senator, Tenth District RE: Motor Vehicles - Truck Fees - Farm Truck Exemption This is in reply to your letter of March 8, 1970, relative to Section 39-04-19(5) of the North Dakota Century Code, as amended. You quote the section and state the following facts and questions: Under this law can a farmer trade work providing he trades with his neighbor only in the hauling of grain, potatoes, sugar beets, implements from field to field, etc. When a certain farmer has helped his neighbor harvest his crop and haul

OPINION 70-148 March 11, 1970 (OPINION) Mr. Thomas E. Rutten Assistant State's Attorney Ramsey County RE: Criminal Procedure - Arrests at Night - Warrant This is in reply to your letter of March 5, 1970, relative to the above cited sections. You quote the sections and state the following facts and questions: There appears to be some sort of conflict between these two statutes in as much as when under section 29-06-15 of the North Dakota Century Code, a peace officer could make an arrest without a warrant on a charge of driving while under the influence of alcoholic beverage

OPINION 70-43 March 10, 1970(OPINION) Mr. John A. Zuger City Attorney Bismarck, North Dakota RE: Cities - Initiative - Salaries This is in response to your letter in which you state that petitions under the provisions of Chapter 40-12 of the North Dakota Century Code seek to initiate a municipal ordinance reading as follows: "Be it enacted by the Board of City Commissioners of the City of Bismarck that the present salaries of the policemen and firemen of the City of Bismarck be increased by no less than 15 (fifteen) percent; "Be it further enacted that (1) this increase in salaries

OPINION 70-315 March 9, 1970 (OPINION) Mr. Harold Shaft Attorney for Grand Forks Public School District RE: Schools - Tuition - Military Bases This is in reply to your letter of March 4, 1970, relative to the Grand Forks Public School District. You state the following facts and questions: Representing the Grand Forks Public School District, we are concerned with the legal status of the children of Grand Forks Air Force Base personnel who reside on the base. As you are probably aware, for some years we have been operating two elementary schools on the base and have been rece

OPINION 70-188 March 9, 1970 (OPINION) Mr. Kenneth E. Raschke Commissioner State Board of Higher Education RE: Insurance - State Fire and Tornado - Proceeds Available for Reco This is in response to your letter in which you state as follows: On January 9, 1970 fire destroyed two connected structures at the University of North Dakota - Ellendale Branch. These structures were the two main instructional and office buildings at the school. The above buildings were covered by insurance through the State Fire and Tornado fund in the following categories and in the following amoun

OPINION 70-187 March 9, 1970 (OPINION) Honorable J. O. Wigen Commissioner of Insurance RE: Insurance - Credit Life and Health Insurance - Premiums This is in response to your request for an opinion on the construction and interpretation of section 26-35-09(4), as amended, of the North Dakota Century Code, which provides as follows: 4. The amount charged to a debtor for any credit life or credit health and accident insurance shall not exceed the premiums charged by the insurer, as computed at the time the charge to the debtor is determined." To more fully understand the provi

OPINION 70-485 March 6, 1970 (OPINION) Mr. Ellis L. Berg Executive Secretary North Dakota Poultry Improvement Board RE: Taxation - Sales Tax - Eggs Not Exempt This is in reply to your letter with regard to the application of section 57-39.1-04.1 of the North Dakota Century Code to eggs. You point out that as the North Dakota Egg Producers Association has stated in a previous letter to us, eggs are a poultry product, and a protein product used as a substitute for meat in human nutrition and therefore it is unfair to tax the sale of eggs and exempt meat for this makes the law di

OPINION 70-207 March 4, 1970 (OPINION) Honorable Donald C. Holand Senator, Twenty-seventh District Fargo, North Dakota RE: Legislature - Qualification - Residence This is in response to your letter in which you state as follows: "Since there is a possibility that I may be interested in a North Dakota Senate seat from the Twenty-first District I thought that it would be well for me to obtain an opinion relative to the residence question. "I opened a law office in Fargo on January 19th, but have not reestablished my legal residence which continues to remain in Lisbon (Twenty-se

OPINION 70-12 March 4, 1970 (OPINION) Mr. Leland R. Miller Dairy Commissioner Department of Agriculture RE: Agriculture - Livestock Dealers' Bonds - Trusteeship This is in response to your request for an opinion relative to trusteeship on bonds provided by livestock dealers licensed by the Department of Agriculture of the State of North Dakota pursuant to chapter 36-04 of the North Dakota Century Code, as amended to date. You refer us to the general requirements of section 36-04-05 of the 1969 Supplement to the North Dakota Century Code with regard to bonding of license applicants an

OPINION 70-146 March 3, 1970 (OPINION) Mr. Calvin N. Rolfson State's Attorney Pembina County RE: Courts - Jurors - Mileage This is in reply to your letter of 20 February 1970 with regard to mileage and per diem of witnesses and jurors pursuant to sections 31-06-16 and 27-09-05 of the North Dakota Century Code, as amended to date. Said section 27-09-05 of the 1969 Supplement to the North Dakota Century Code provides: FEES AND MILEAGE FOR JURORS. A juror shall receive: 1. Eight dollars, payable by the county, for each day's attendance in district or county court as a regul

OPINION 70-211 February 27, 1970 (OPINION) Mr. Richard J. Wolfert Director North Dakota Library Commission RE: Libraries - Contracts - Mill Levies This is in reply to your request for an opinion of this office with regard to statutory provisions for public library services and financing. Your questions are stated as follows: 1. Can a public library board of a city furnish public library service by contract to another city, county or school district which has not established a public library board via N.D.C.C. 40-38-01. 2. May public library service via contract by a cit

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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