North Dakota Attorney General Opinions

OPINION 69-281 December 31, 1969 (OPINION) Honorable Myron H. Atkinson, Jr. Representative, Thirty-second District RE: Revolving Charge Accounts - Sale of Services - Hospital This is in reply to your letter of December 23, 1969, concerning the provisions of Chapter 51-14 governing revolving charge accounts. The question is whether the provisions of this chapter apply only to tangible property or whether it would also apply to intangible services such as the services rendered by a hospital. You note the question arises because of an apparent conflict in several different sec

OPINION 69-507 December 29, 1969 (OPINION) Mr. Calvin N. Rolfson State's Attorney Pembina County RE: Townships - Annual Meetings - Donations Prohibited This is in response to your letter in which you state that a number of townships have inquired whether or not upon a two-thirds vote of the people assembled at the annual township meeting may authorize the making of donations to the Red Cross, Polio, Multiple Sclerosis, Heart and Cancer Foundations. You then call our attention to section 185 of the North Dakota Constitution and ask that we either give our opinion thereon, or

OPINION 69-28 December 23, 1969 (OPINION) Mr. G. W. Ellwein Acting Commissioner of Banking and Financial Institutions RE: Banks - Interest Rates on Time Deposits - Authority of Banking B This is in response to your letter in which you make reference to newspaper advertisements by certain bands as to the interest they will pay on deposits. You also mention that the State Banking Board has authorized bands to pay a five percent interest on time certificates of deposit only. The advertisement to which you make reference appears to include savings deposits using a passbook syst

OPINION 69-75 December 22, 1969 (OPINION) Mr. John Hart State's Attorney Rolette County RE: Civil Procedure - Juveniles - Extradition This is in response to your letter of October 7, 1969, in which you state the following: "For some time now I have been concerned relative to the increased frequency of the Rolette County Sheriff and the Rolette County Welfare Board returning to Rolette County from other states juveniles who are beneficiaries of the public welfare programs and who have allegedly committed in Rolette County acts of alleged delinquency. As State's Attorney, I

OPINION 69-241 December 18, 1969 (OPINION) Mr. Albert J. Hardy Assistant State's Attorney Stark County RE: Motor Vehicles - Snowmobiles - Operation On Public Highways This is in reply to your letter of December 12, 1969, with regard to the use of snowmobiles on public highways. You call our attention to the provisions of Chapter 39-24 of the 1969 Supplement to the North Dakota Century Code, and more particularly to Section 39-24-09 thereof. You state that the question has arisen as to the legality of operating a snowmobile upon a street or highway. You indicate your conclusi

OPINION 69-240 December 17, 1969 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor vehicles - Snowmobiles - Operation on city streets This is in response to your letter dated December 15, 1969, with regard to the application of subsection 1 and subsection 3 of Section 39-24-09 of the North Dakota Century Code. You indicate that your question pertains primarily to the operation of snowmobiles on city streets. You request our prompt official opinion. It is the opinion of this office that the language of subsection 1 of Section 39-24-09 of t

OPINION 69-95 December 16, 1969(OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Counties - County Coroner - Authority on Reservations This is in response to your letter in which you make reference to an opinion addressed to you dated October 18, 1965, pertaining to the authority of the Rolette County Mental Health Board in regard to Indians living in and on the reservation.You then ask for an opinion whether or not the Rolette County Medical Coroner has any authority or responsibility on deaths occurring in Indian country, (Turtle

OPINION 69-515 December 12, 1969 (OPINION) Mrs. Bernice Asbridge Treasurer State of North Dakota RE: Trust Companies - Deposit of Securities - Acceptable Securities This is in response to your letter of December 3, 1969, wherein you request an opinion regarding a certain offer of security pursuant to section 6-05-04 of the North Dakota Century Code. You submit the following in your letter: This letter is in regard to 'Surety deposit investments required' as set out in section 6-05-04 - subsection 6 of the North Dakota Century Code, which states in part - the securities so d

OPINION 69-533 December 10, 1969 (OPINION) Mr. Robert L. Eckert State's Attorney Richland County RE: Waters - Water Management Districts - Definition of Resident Freeholder This is in reply to your letter of December 3, 1969, with regard to the application of the term "resident freeholder." Your letter informs us that your board of county commissioners would like to consider the reappointment of an individual to the county water management district board of commissioners. It further informs us that the individual in question is presently living in another county but voted m

OPINION 69-359 December 9, 1969 (OPINION) Mr. Clinton R. Ottmar Attorney for the State Hospital RE: State - State Hospital Lands - Posting This is in response to your request for an opinion of this office with regard to the legality of forbidding hunting on certain portions of state hospital land contiguous to the hospital itself. Your letter informs us that some time ago the state hospital put up "No Hunting" signs around a portion of its pasture land, and that the purpose of such posting was to insure the safety of the hospital's cattle which graze in this area. Your letter

OPINION 69-450 November 28, 1969 (OPINION) Mr. Wallace D. Berning Assistant State's Attorney Ward County RE: Taxation - Per Capita School Tax - Cancellation This is in reply to your letter dated November 20, 1969, with regard to the application of section 57-02-21 of the North Dakota Century Code. You call our attention to the provision of subsection 4 of section 57-02-21 of the North Dakota Century Code providing: Any person exempt from personal property taxation under this section and any dependent of such person shall also be exempt from the per capita school tax and such

OPINION 69-124 November 28, 1969 (OPINION) Mr. L. J. Schirado State's Attorney Morton County RE: Counties - Publication of Commissioner Proceedings - Content of This is in reply to your letter of November 24, 1969, relative to publication of county commissioner proceedings. You ask the following questions: "This office respectfully requests of your office an opinion relative to the content and extent of publication of County Commissioner proceedings in the official newspaper of the County. Specifically, is it permissible for a County to publish a fair and concise statemen

OPINION 69-118 November 24, 1969 (OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Counties - Medical County Coroner - Duties of Sheriff This is in reply to your letter of November 19, 1969, relative to the Medical County Coroner Act. You state the following facts and questions: "Rolette County, North Dakota, has a population in excess of 8,000 persons (See Section 11-19A-17). In the county we have six doctors who are licensed to practice medicine in the State of North Dakota. Besides this we have three or four Public Health Service doctors at Belcourt, Nor

OPINION 69-73 November 21, 1969 (OPINION) Mr. Calvin N. Rolfson Pembina County State's Attorney RE: Civil Procedure - Juvenile Court - Confiscation of Property This is in reply to your letter of November 13, 1969, with regard to jurisdiction of the juvenile court over confiscations pursuant to Chapter 20-10 of the North Dakota Century Code. Your question is stated as: "Is the Juvenile Court considered a 'court of competent jurisdiction' so as to enable that court to confiscate property illegally used in the commission of an offense against the game and fish laws of the State o

OPINION 69-153 November 17, 1969 (OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Criminal Procedure - Municipal Court - Counsel for Indigent Defendants This is in reply to your letter of November 12, 1969, relative to the furnishing of counsel in municipal court. You state the following facts and questions: The September 1969 issue of the 'Defender Newsletter' points out that the Supreme Court of Oregon on September 10, 1969, ruled that a municipality must furnish counsel for an indigent violating a municipal ordinance. This office requests an OPINION as to

OPINION 69-427 November 14, 1969 (OPINION) Mr. Eugene A. Kruger State's Attorney Cass County RE: Taxation - Homestead Credit - Application This is in reply to your letter of October 20, 1969, with regard to Section 57-02-08.1 of the North Dakota Century Code, as amended. Your letter relates to a letter which you received from Mr. Robert V. Rostad, City Assessor of the City of Fargo, in which Mr. Rostad presents six (6) questions dealing with the application of Section 57-02-08.1. These questions are quoted as follows: "1. Since Section 57-02-11(1) provides that real estate s

OPINION 69-431 November 12, 1969 (OPINION) The Honorable Edwin C. Becker State Senator, Sixth District Willow City, North Dakota RE: Taxation - Lease of Nonpublic Schools - Tax Exempt Status This is in reply to your letter of October 16, 1969, relative to the lease of property by a church to a a school district. You state the following facts and questions: In the last few months, I have noted an increased interest on the local level of government concerning the problems being faced by nonpublic schools and the attempt by these schools to remain functionable. Many of the sc

OPINION 69-128 November 12, 1969 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Minot, North Dakota RE: Counties - Redistricting - Establishment of Districts This is in reply to your letter of November 5, 1969, relative to the redistricting of counties as provided by Chapter 11-07 of the North Dakota Century Code, as amended by the 1969 Legislative Assembly. The question presented is whether a proposal of electing three commissioners at large from the City of Minot and dividing the rest of the county in two districts would meet the requirements of the statutes.

OPINION 69-178 November 3, 1969 (OPINION) Mr. Gerald J. Haga Assistant State's Attorney Grand Forks County RE: Garnishments - Collection of delinquent personal property tax - This is in reply to your letter of October 27, 1969, in which you enclose a letter dated September 9, 1969, from Mr. Tom Kotowski, Tax Deputy in the County Sheriff's Office, concerning garnishments to enforce collection of delinquent personal property taxes. Mr. Kitowski's question is apparently whether, in view of the recent United States Supreme Court decision declaring unconstitutional certain garnis

OPINION 69-50 October 27, 1969 (OPINION) Mr. J. Howard Stormon City Attorney Rolla, North Dakota RE: Cities - Ordinance - Right of Referendum This is in reply to your letter of October 21, 1969, requesting our opinion whether an ordinance which has been adopted by the governing body of your city may be referred to the electors of the city by a petition protecting against such ordinance. Your question is restated as: "* * * do the electors have the right of referendum." You call our attention to Chapter 40-12, and more particularly Section 40-12-01 of the North Dakota Century

OPINION 69-225 October 27, 1969 (OPINION) Mr. Fabian E. Noack State's Attorney Foster County RE: Motor vehicles - Operator's licenses - Driving while suspended This is in reply to your letter of October 16, 1969, with regard to driving while a license is suspended or revoked. Your Question No. 1 is stated as: Facts - Defendant forfeits bail on a charge of DWI and thereafter the driver's license is suspended by the Safety Responsibility Division. Subsequently, Defendant is charged with driving a vehicle while license is suspended. Shortly thereafter, defendant, through his

OPINION 69-365 October 23, 1969 (OPINION) Mr. Milo Hoisveen Engineer - Secretary North Dakota State Water Commission RE: State - Water Conservation Commission - Underwriting Revenue Bon This is in response to your letter with regard to the State Water Commission's Construction Bond Guaranty Fund as established by Section 61-02-56 of the North Dakota Century Code. Your questions are stated as: 1) May the State Water commission use the Construction Bond Guaranty Fund to underwrite revenue bonds issued by any North Dakota political subdivision such as boards of county commissi

OPINION 69-379 October 20, 1969 (OPINION) Mr. Raymond R. Rund Steele County State's Attorney RE: Taxation - Delinquent Real Estate Taxes - Lien on Property This is in reply to your letter of October 15, 1969, with regard to the date that real estate taxes in this state become a lien on real property. Your letter states further that this would include levies for the state, county, township or any political subdivisions that certify assessments or their tax levies to the County Auditor to be spread and levied against the real property. You call our attention to the following: 1

OPINION 69-216 October 20, 1969 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Emergency Vehicles - Authority to Disregard Traffic Regulations This is in reply to your request for further opinion with regard to Class B and C emergency vehicles and their authority to cross the median on Interstate 94 type highways at other than interchange areas. Class B and C emergency vehicles are defined by subdivisions b and c of subsection 1 of Section 39-01-01 of the 1969 Supplement to the North Dakota Century Code, as follows: DEFINITION

OPINION 69-377 October 16, 1969 (OPINION) Mr. Alph J. Overby State's Attorney Griggs County RE: Taxation - County Emergency Fund - Use for Repair and Replacemen of Bridges This is in reply to your letter of October 9, 1969, wherein you inquire as to the propriety of a county tax levy for the purpose of establishing an emergency fund. You state the following facts: During the Spring Flood several of the bridges located on the Sheyenne River were severely damaged and one was damaged to the extent that it could not be repaired. The County Commissioners and the County Road Su

OPINION 69-14 October 13, 1969(OPINION) Mr. Norman G. Tenneson Attorney at Law Fargo, North Dakota RE: Agriculture - Milk Stabilization Act - Application to School Dis This is in reply to your letter of October 3, 1969, in which you state you have been requested by the Fargo Board of Education and the Grand Forks Public School District to secure the opinion of this office as to the applicability of Chapter 4-18.1 of the North Dakota Century Code, creating the North Dakota Milk Stabilization Board, to school districts. Your letter, in addition to presenting the question, sets forth vari

OPINION 69-112 October 13, 1969 (OPINION) Mr. Michael E. Zainhofsky Acting State Director State Economic Opportunity Office RE: Counties - Economic Opportunity Act - Authority This is in response to your request for an opinion as to whether a political subdivision, specifically County Board of Commissioners or City Commission, is eligible to designate itself as a Community Action Agency under the requirements of Public Law 90-222, Economic Opportunity Act of 1964, as amended. Your letter states that: "This opinion is being requested as if they wish to designate themselves as

OPINION 69-236 October 1, 1969 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department RE: Motor vehicles - Snowmobiles - Assessment for Unsatisfied Judgme In your letter of October 1, 1969 you raised a number of questions pertaining to snowmobiles. The answers are set forth in the numerical sequence in which you ask them. The first question required a determination as to whether or not the term snowmobile was also embraced within the definition of a motor vehicle. Section 39-24-01, subsection 2 of the N.D.C.C. defines a snowmobile to be: 'Snowmobile' means a self-

OPINION 69-223 September 29, 1969 (OPINION) Coloner Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Interstate Highways - Crossing Median By Emergency Vehicles This is in reply to your letter of 23 September 1969 with regard to emergency and other vehicles crossing the median on Interstate No. 94 type roadways at other than interchanges. Your questions are stated as: 1. Is it illegal to cross the median on Interstate 94 type roadways at other than interchange areas with a motor vehicle? 2. Does an emergency vehicle have the authority to cros

OPINION 69-55 September 23, 1969 (OPINION) Mr. Lester J. Trnka City Attorney Oakes, North Dakota RE: Cities - Public Buildings - Architect Required This is in reply to your letter of 18 September 1969 with regard to the application of section 48-02-02 of the 1969 Supplement to the North Dakota Century Code. You inform us that on December 31, 1968, the City Hall of your City was destroyed by fire. The building was insured and as such the City has received from the Insurance Company an amount of approximately $35,000 for the damage done to the building. The City Council does

OPINION 69-347 September 18, 1969 (OPINION) Mrs. Leone Morrison Acting Director State Library Commission RE: State - Library Service - Use of Bookmobiles This is in reply to your letter of September 5, 1969, with regard to granting perpetual use of a state-owned bookmobile to local library authorities at the conclusion of a library demonstration period and with regard to cooperative efforts of public library boards of directors. Your first question relates to concern of local library authorities in a designated library demonstration region with regard to continued use of the

OPINION 69-528 September 9, 1969 (OPINION) Mr. Paul G. Woutat Attorney, Grand Forks County Board of Drainage Commissioners RE: Waters - Drainage Districts - Acquisition of Easements by Eminent Domain This is in reply to your letter of September 2, 1969, in which you ask whether or not a county board of drainage commissioners may lawfully proceed to acquire right-of-way necessary for the construction of a legal drain incident to section 14 of the constitution of the state of North Dakota. Section 14 of the North Dakota Constitution provides: Private property shall not be tak

OPINION 69-126 August 28, 1969 (OPINION) Honorable Richard W. Goldberg State Senator, Twenty-first Dist. Fargo, North Dakota RE: Counties - Purchasing Office - No Authority to Create This is in response to your letter in which you ask for an opinion on the subject matter contained in letters written by Attorney William Strehlow, dated July 28, 1969, and an opinion issued by the State's Attorney of Cass County, Eugene A. Kruger. The question as we understand it is whether or not the Board of County Commissioners may create an office such as Accounts and Purchases with the auth

OPINION 69-258 August 26, 1969 (OPINION) Mr. Richard B. Bear Assistant State's Attorney Burleigh County RE: Officers - Sheriffs - Fees on Foreclosure Proceedings This is in response to your letter in which you ask for an opinion on the following situation: It appears that the Burleigh County sheriff did not collect $1.50 for advertising a sale in foreclosure proceedings resulting from an execution issued to him. Subsection 15 of section 11-15-07 provides for collecting a fee of $1.50 in addition to the publication costs. It also appears that the sheriff did not collect this

OPINION 69-246 August 21, 1969 (OPINION) Honorable D. E. McCullagh Judge Cass County RE: Officers - County Judge - Fees for Acknowledgments This is in response to your letter in which you refer to previous correspondence and then state the following: The procedure followed here is as follows: The applicant makes application in this office by signing an application blank under oath and the Clerk or Judge acknowledges the signature thereon. The applicant and prospective spouse are then required to obtain a certificate for each from a physician. They are also advised to each

OPINION 69-354 August 19, 1969 (OPINION) Mr. Russell Staiger Planning Administrator State Planning Division RE: State - Planning Division - Proper Title This is in reply to your letter of August 27, 1969, in which you request an opinion from this office on the following question: Should all legal documents signed by the State Planning Agency be signed as such or should the correct terminology be 'State Planning Division.' Or should the Agency be listed as a Division of the Department of Accounts and Purchases, which becomes quite cumbersome." We note that Chapter 54-34.1 cr

OPINION 69-263 August 19, 1969 (OPINION) Dr. J. R. Gaustad Secretary, State Board of Optometry Grafton, North Dakota RE: Optometrists - Professional Corporation Act - Application This is in reply to your letter of August 15, 1969, in which you ask if one or more optometrists can form a professional corporation in accordance with section 10-31-01 of the North Dakota Century Code, and practice optometry, in view of section 43-13-28 of the North Dakota Century Code. Chapter 10-31 of the North Dakota Century Code, as amended, is the Professional Corporation Act enacted by the Nort

OPINION 69-406 August 18, 1969 (OPINION) Mr. Bruce L. Bartch Director, North Dakota Business and Industrial Development Department RE: Taxation - Exemptions - Municipal Industrial Development Act and Exemptions for New Industries This is in reply to your letter of August 6, 1969, relative to section 40-57-17 and Chapter 40-57.1 of the North Dakota Century Code, as amended. You refer to the opinion issued to you by this office on July 29, and the two opinions issued to you on August 1, 1969, and state it is necessary to request our opinion to determine if what we applied to t

OPINION 69-384 August 18, 1969 (OPINION) Mr. William W. Eichhorst State's Attorney Billings County RE: Taxation - Delinquent Taxes - Rate of Penalty and Interest on Delinquent Installments This is in reply to your letter of July 23, 1969, with regard to the interpretation of Section 57-20-01 of the 1969 Supplement to the North Dakota Century Code. Your question is stated as follows: * * * Does the County Treasurer collect the 7 percent penalty on all taxes that were due on or before January 1, 1969? For instance a fellow owed taxes for the years 1966, 1967 and 1968. If th

OPINION 69-30 August 14, 1969 (OPINION) The Honorable Theodore A. Lang State Representative, Thirty-second District Sterling, North Dakota RE: Banks - Paying and Receiving Station - Authorization This is in reply to your letter of July 30, 1969, which we received on August 13, 1969, relative to section 6-03-14 of the North Dakota Century Code. You note this section was amended in 1963, and ask the following question: Would the present establishment and maintenance of a receiving and paying station by a banking institution, pursuant to an order of the North Dakota State Banki

OPINION 69-373 August 7, 1969 (OPINION) Mr. Calvin A. Calton State's Attorney Divide County RE: Taxation - Bonding Capacity of Political Subdivision - Effect of Personal Property Tax Repeal This is in response to your letter in which you state that Divide County School District No. 1 of Crosby, North Dakota, will very likely be holding an election on a bonding issue. Because of the change in the law removing the personal property tax in the near future, questions arise as to the bonding capacity of the district. You then ask for an opinion on the following questions: 1. B

OPINION 69-300 August 6, 1969 (OPINION) Mr. Howard J. Snortland Assistant Superintendent Department of Public Instruction RE: Schools - Buildings - Site Owned by School District This is in reply to your letter of July 19, 1969, relative to the Riverdale School District. You state the following facts and questions: The Riverdale School Board provides an educational program, kindergarten through the twelfth grade, in buildings and on a site owned by the U.S. Office of Education. The buildings were constructed on a temporary basis and the school board finds it almost impossi

OPINION 69-36 August 4, 1969 (OPINION) Mr. Roy A. Neste City Attorney Park River, North Dakota RE: Cities - Building Contracts - Includes TV Towers This is in response to your letter in which you state that the City of Park River is contemplating the installation of a TV tower. You state you are concerned as to whether or not this tower would be governed by the provisions of Chapter 48-02 of the North Dakota Century Code. Section 48-02-02, in substance, requires that procurement of the plans, drawing and specifications be from a licensed architect, if the cost of the buildi

OPINION 69-316 August 4, 1969 (OPINION) Mr. Walter R. Fiedler Director of Institutions RE: Schools - Tuition Payments - Placement by Industrial School This is in reply to your letter of July 28, 1969, in which you enclosed a copy of a letter from Mr. Cameron L. Clemens, Superintendent, State Industrial School, dated July 9, 1969. You note Mr. Clemens' letter is concerned with school tuition payments when placement of youngsters from the State Industrial School in the various communities is attempted. You ask for our opinion on the matter. Mr. Clemens' letter reads in part

OPINION 69-441 August 1, 1969 (OPINION) Mr. Bruce L. Bartch, Director Business and Industrial Development Department RE: Taxation - Municipal Industrial Development Act - Leasehold as Personal Property This is in reply to your letter of July 18, 1969, in which you ask several questions relative to the Municipal Industrial Development Act of 1955, as amended by the 1969 Legislative Assembly. Your questions will be considered in the order presented in your letter. Your first question is concerned with section 40-57-17 of the North Dakota Century Code. You note this section clas

OPINION 69-329 August 1, 1969 (OPINION) Honorable Curtis Olson Auditor RE: State - Board of Pharmacy Funds - Deposit with State Treasurer This is in reply to your letter of July 2, 1969, relative to Section 43-15-11 of the North Dakota Century Code, governing funds of the State Board of Pharmacy. You state the following: We contend that the law is quite clear with regard to the requirement that all moneys collected by the Board of Pharmacy are to be deposited with the State Treasurer. However, the Board presently deposits all funds with a Bismarck bank and has followed thi