North Dakota Attorney General Opinions

OPINION 69-206 April 7, 1969 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner RE: Legislature - Procedure - Validity of Bill This will acknowledge receipt of your letter of April 1, 1969, requesting an opinion as to the validity of the enactment by the Forty-first Legislative Assembly of House Bill 500, which has been approved by the Governor. The principal challenge of the validity of House Bill 500 appears to revolve around the procedure followed by the House of Representatives at the time the bill was first voted on in that house, as reflected by entries in the Hou

OPINION 69-516 March 25, 1969 (OPINION) Honorable Frank A. Wenstrom Senator RE: Usury - Exemptions - Loans to Farmers This is in response to your letter in which you state that House Bill No. 133 as passed by the Forty-first Legislative Assembly has been signed by the governor and carried the emergency clause. You then ask whether or not the following provision of the Act applies to farmers and stockmen. This section shall not apply to a loan made to a foreign or domestic corporation, or a cooperative corporation or association, nor to any business loan the principal amount

OPINION 69-167 March 25, 1969 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Executions - Wages - Disclosure by Employer This is in reply to your letter of 20 February 1969 with regard to problems you have been having on executions under section 28-21-08 of the North Dakota Century Code wherein the sheriff is required to levy on property and money. You ask: "When the sheriff levys by execution upon an employer for wages or moneys that the employee has due him, is there an obligation on the part of the employer to disclose, at that time, whether or not the

OPINION 69-56 March 24, 1969 (OPINION) Mr. Comart M. Peterson Attorney for the Park District Tioga, North Dakota RE: Cities - Recreation Systems - Dances for Teen-Agers This is in reply to your letter with regard to the powers of a city recreation system under Chapter 40-55 of the North Dakota Century Code. You state that you have been presented specific questions as to whether they have authority to hold dances for the teen-agers, hire name bands, charge admission to defray the cost and at the same time invite teen-agers from surrounding towns to also attend. You state that

OPINION 69-536 March 21, 1969 (OPINION) Mr. Robert L. Eckert Richland County State's Attorney RE: Waters - Water Management Districts - Levy of Assessments in Municipality This is in reply to your letter of March 5, 1969, in which you request a determination as to whether a water management district's board of commissioners may, pursuant to chapter 61-21 of the North Dakota Century Code: 1) Levy a lump-sum assessment against an entire municipality for benefits received by only certain lots or parcels of land within such municipality as a result of the construction and maint

OPINION 69-37 March 5, 1969 (OPINION) Mr. John J. Tebelius Attorney at Law Harvey, North Dakota RE: Cities - Employment of City Officials by City - Mayor This is in response to your letter in which you set forth that the City of Harvey has employed the mayor as street commissioner to have full charge of street repair and maintenance subject to the orders of the Council. The City Council arranged the employment, set his hours of labor and determined the compensation to be paid. You also set out some reasons why this was done. You also take cognizance of Section 40-08-01 and Section 40-

OPINION 69-158 February 25, 1969 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Absent Voter Ballots - Special County Elections Excl This is in response to your letter in which you state that Cavalier County Memorial Hospital Association has made application to the County Commissioners of Cavalier County to call a special election, and the election has been called. You further advise that electors who are anticipating being absent from the county on the day of election have asked for absent voter ballots. You then ask for an opinion whether

OPINION 69-213 February 24, 1969 (OPINION) Mr. Donald R. Holloway Securities Commissioner State of North Dakota RE: Mineral brokers - Registration - Agent or employee You recently requested an opinion from this office in regard to the interpretation of various sections of Chapter 43-22 of the North Dakota Century Code. Your question is as follows: Is an agent or employee of a registered oil, gas, or mineral broker required to be registered as an oil, gas, or mineral broker while performing the functions of such broker on behalf of his registered principal or employer?" Sect

OPINION 69-364 February 19, 1969 (OPINION) Mr. Reuben Guenther State Supervisor of Manpower State Board for Vocational Education RE: State - Vocational Education - Contract with Private Agencies This is in reply to your letter of February 14, 1969, in which you ask the following question: May State funds appropriated to the State Board for Vocational Education for Manpower Developing and Training be used to reimburse private industry for training purposes?" The vocational education and vocational rehabilitation statutes are both found in chapter 15-20 of the North Dakota Centu

OPINION 69-301 February 7, 1969 (OPINION) Mr. Harold D. Schaft Shaft, Benson, Shaft and McConn Grand Forks, North Dakota RE: Schools - Contracts With Labor Unions - Authority This is in reply to your letter of February 4, 1969, relative to the authority of a school district to enter into a working agreement with a labor union representing all custodial, janitorial and engineering employees of the school district. You state the following facts and questions: On behalf of the Grand Forks Public School District No. 1, we request your opinion as to the authority of the School Boar

OPINION 69-350 January 22, 1969 (OPINION) Honorable Richard F. Larsen Lieutenant Governor Forty-first Legislative Assembly RE: State - Lieutenant Governor - Expenses This is in response to your letter in which you ask for a ruling from this office whether or not you may use the line item appropriation entitled "Fees and Services" in the Lieutenant Governor's budget to cover per diem expenses. You also mention that the Lieutenant Governor does not participate or receive a regular expense account allowed to members of the Legislature. You then ask if you can file a regular e

OPINION 69-327 January 16, 1969 (OPINION) Mr. Martin N. Gronvold Executive Director Old Age and Survivor Insurance System and the Social Security Contribution Fund RE: Social Security - Civil Defense Teachers - Employees You have inquired if the agency known as Civil Defense Adult Education can properly exclude certain monies from the term "wages" as it would be defined under the Social Security Act, (Chapter 52-10 of the North Dakota Century Code). Chapter 52-10 of the North Dakota Century Code concerns employees of the State of North Dakota and political subdivisions within

OPINION 69-376 January 14, 1969 (OPINION) Mr. Lester J. Schirado State's Attorney Morton County RE: Taxation - Collection of Personal Property Taxes - Sheriff's Milage This is in response to your letter in which you call our attention to Section 57-22-25 of the North Dakota Century Code and then ask whether or not a sheriff is limited to five cents per mile rather than ten cents per mile on the collection of delinquent personal property taxes for the miles actually and necessarily traveled. Section 57-22-25 as it appears now in its present form is the result of the enactment of Cha

OPINION 69-46 January 13, 1969 (OPINION) Miss Phyllis A. Ratcliffe City Attorney Watford City, North Dakota RE: Cities - Lease of Golf Course - Authority This is in reply to your letter of date 27 December 1968 with regard to prospective lease of municipal land for a golf course. Your questions are stated as: 1. Does a City Municipality have the power to lease certain of its real property to a private nonprofit corporation for the purpose of providing Golf Club facilities? 2. If the answer to question number 1 is in the affirmative, would the said lands be considered agri

OPINION 69-392 January 13, 1969 OPINION) Mr. Alph J. Overby State's Attorney Griggs County RE: Taxation - Excess Levy in School Districts - Failure to Notify County Auditor This is in reply to your two letters of date 30 December 1968 enclosing copy of notice of election with regard to a school district excess levy. You inform us, in essence, that during the past year a school district voted a 50 percent excess levy as provided in Chapter 57-16 of the North Dakota Century Code. Through an error, the certification of the approval by the voters did not reach the county auditor and this

OPINION 69-156 January 8, 1969 (OPINION) Mr. LeRoy P. Anseth State's Attorney Williams County RE: Criminal Procedure - Transcript - Indigent Defendants This is in reply to your request for an opinion concerning Section 29-07-15 of the North Dakota Century Code. This statute, copy of which you enclosed, provides as follows: TESTIMONY REDUCED TO WRITING - CONDITIONS - PAYMENT. Where the offense charged is a felony, on demand of the state or the defendant, all the testimony in the case must be reduced to writing in the form of depositions. When the offense charged is a mis

OPINION 69-370 January 7, 1969 (OPINION) Honorable Bernice Asbridge State Treasurer RE: Taxation - Alcoholic Beverages - Federal Instrumentalities Exempt This is in response to your letter in which you ask for an opinion on the construction of Section 5-03-04 of the North Dakota Century Code, as amended by the 1967 Legislature. You also enclosed correspondence and reference material you received from the commanding officer of an air base in North Dakota, which material, amongst other things, referred to AFR and military directives and manuals. Your specific questio

OPINION 69-81 January 3, 1969 (OPINION) Honorable Ben Meier Secretary of State RE: Contractors - License - Transfer to Corporation This is in response to your letter in which you ask an opinion on the following: "I respectfully request your opinion whether or not, under the contractor's license law, (Chapter 43-07 N.D.C.C.), an individual or a partnership who holds a valid contractors license may incorporate and have the corporation use the license held by the individual or the partnership or will it be necessary for the corporation to secure a new license in its own name in

OPINION 68-512 December 17, 1968 (OPINION) Mr. Chauncey T. Kaldor City Attorney RE: Townships - Fire Protection - Contract with City This is in response to your letter in which you ask for an opinion on the following questions: 1. Can an organized township through its Board of Township Supervisors enter into an agreement with the city to pay the city so much a year for a period of years so the city can furnish fire protection for the township. 2. Is it necessary for the township to organize into a fire protection district under chapter 18 (Fires) and especially section 18

OPINION 68-138 December 17, 1968 (OPINION) Mr. Robert L. Eckert State's Attorney Richland County RE: Counties - Road Funds - Share of Cities This is in reply to your letter of December 12, 1968, relative to county funds. You state the following facts and questions: "The problem, as I understand it, is that the county now has a substantial amount of money that the county commissioners would like to place in a special road fund. They understand that before this money can be placed into that fund that it must first be included in the budget. The special road fund would be u

OPINION 68-136 December 13, 1968 (OPINION) Mr. Q. R. Schulte State's Attorney Mountrail County RE: Counties - Register of Deeds - Destruction of Chattel Mortgage H by Governmental Agency This is in reply to your letter of December 4, 1968, with regard to taking certain chattel mortgages off the Register of Deeds' records. Your question is stated as follows: Does Section 11-18-14 N.D.C.C. apply on Chattel Mortgages of the Farm Security Administration; Chattel Mortgages of the Federal Crop Administration, emergency crop and feed loan section; or does this section apply to indiv

OPINION 68-491 December 5, 1968 (OPINION) The Honorable Curtis Olson State Auditor RE: Taxation - Special Fuels Tax - Banks Exempt This is in reply to your letter of November 27, 1968, relative to refunds of special fuels excise tax. You state the following facts and questions: "Several North Dakota banks have applied for refunds of the two percent special fuels excise tax charged to them under chapter 57-53 of the North Dakota Century Code. They base their request on chapter 57-53 (sic) of the North Dakota Century Code which established the taxation of banks and trust com

OPINION 68-1 December 5, 1968 (OPINION) Mr. Arne Dahl Commissioner Department of Agriculture RE: Agriculture - Beekeepers - Corporate Farming This in in reply to your letter of 27 November 1968 with regard to the beekeeping business. You ask whether a beekeeper may incorporate his business and when incorporated whether the business would be in violation of the Corporate Farming Act. Chapter 10-06 of the North Dakota Century Code, The Corporate Farming law of this state, does provide in section 10-06-01 that: "All corporations, both domestic and foreign, except as otherwise p

OPINION 68-390 November 26, 1968 (OPINION) Mr. Carl Jensen Claims Division Department of Veterans' Affairs RE: Taxation - Disabled Veterans Exemption - Residence This is in reply to your letter of November 9, 1968, in which you state the following question: We would like to have an Opinion as to whether or not a totally disabled veteran would be eligible for tax exemption under Code 57-02-08 if the veteran did not physically live within the state or on the property and whether or not the veteran, in order to apply for homestead rights, would have to physically reside on the p

OPINION 68-182 November 25, 1968 (OPINION) Mr. Kenneth Raschke Commissioner of Higher Education RE: Higher Education - Revenue Bonds - Authority to Issue This is in reference to a letter of November 13, 1968, from Mr. John S. Holten, Faegre & Benson, 1260 Northwestern Bank Building, Minneapolis, Minnesota, which you referred to our office. You request our opinion on the questions raised in Mr. Holten's letter. They are as follows: 1. Has the authority to issue bonds and construct married student housing facilities in an amount up to $300,000 granted by Chapter 147 of the Law

OPINION 68-26 November 20, 1968 (OPINION) Mr. William C. Smith First Vice President The Bank of North Dakota RE: Bank of North Dakota - Interest Limitation - Loans Secured by Fe or State Government This is in response to your letter in which you ask for a formal opinion on the following question: 'Does a loan that is guaranteed by the Small Business Administration, being an agency of the United States Government, fall within the scope of Sections 6-03-47, 6-03-47.1, 6-03-48, 6-03-49, and 6-03-50 as being a loan transaction excepted from the interest limitation in Section 47-

OPINION 68-324 November 15, 1968 (OPINION) Mr. Donald R. Holloway Securities Commissioner RE: Securities - Limited Partnership Interest - Subject to Act You recently requested an opinion from this office as to whether the sale or offer for sale of a limited partnership interest constitutes a sale or offer for sale of a "security" as that term is used in Chapter 10-04 of the North Dakota Century Code, more commonly referred to as the North Dakota Securities Act of 1951, as amended, hereinafter called the Securities Act. More particularly, you ask whether the sale of such an in

OPINION 68-513 November 8, 1968 (OPINION) Mr. Ronald G. Splitt State's Attorney LaMoure County RE: Townships - Roads - Sale of Land Acquired for Roads This is in reply to your letter of November 5, 1968, with regard to the disposition of a township road right-of-way. You inform us that in 1927 a township in your county acquired 2.08 acres of land with the intention of using the same as a part of its township road system. The acreage was never used for such purpose and the Township Board of Supervisors would now like to sell this property. The question presented to you is w

OPINION 68-111 November 8, 1968 (OPINION) Honorable Ted Weisenburger County Judge, Benson County RE: Counties - Courts of Increased Jurisdiction - Tribal Judge This is in response to your letter in which you advise that you have been unanimously approved for the position of Trial Judge with the Devils Lake Sioux Indian Reservation Tribal Council. The County Commissioners of Benson County have also given approval of your taking this position. You then call attention to Section 27-08-09 of the North Dakota Century Code and ask if performing the functions of Trial Judge and Co

OPINION 68-268 November 7, 1968 (OPINION) Mr. T. L. Secrest, State Chairman North Dakota Republican Party RE: Political Parties - District Meetings - Time This is in response to your letter in which you mention Section 16-17-10 and 16-17-10.1 of the North Dakota Century Code, which appear to be in conflict. Section 16-17-10, as amended and as is pertinent to the matter under discussion, is as follows: "MEETING OF DISTRICT COMMITTEE - ORGANIZATION. The district committee of each party shall meet at any hour between the hours of two o'clock p.m. and eight o'clock p.m. on the t

OPINION 68-525 November 6, 1968 (OPINION) Mr. Richard B. Thomas Ward County State's Attorney RE: Veterans - Discharge Papers - Not Public Records This is in reply to your letter of October 14, 1968, in which you request an opinion relative to the accessibility and examination of records of discharge filed with the clerk of the district court. The following facts and questions have been submitted: This office has been requested to obtain an opinion regarding the accessibility to records of discharge filed with the Clerk of District Court. In the past the Clerk of District Cour

OPINION 68-221 October 30, 1968 (OPINION) Mr. Alph J. Overby Griggs County State's Attorney RE: Motor Vehicles - Excessive Size - Duration of Special Permits This is in reply to your letter of date 22 October 1968 with regard to special permits for vehicles of excessive size. You inform us that the local utility operates a 3/4 ton 4x4 Army Surplus Vehicle with a Boom mounted on the front bumper. Overall length of the Vehicle is less than 20 feet, however, the boom extends more than three feet beyond the front of the vehicle, making it subject to excess size permit as provided

OPINION 68-82 October 28, 1968 (OPINION) Honorable Guy Larson, Senator Thirty-second Legislative District RE: Corporate Farming - Exemptions - Colleges and Charitable Corpora This is in response to your letter in which you refer to churches, colleges, lodges, fraternal organizations, and charitable corporations such as Boys' Ranch and Home on the Range for Boys. You then ask the following questions as to how Chapter 10-06 of the North Dakota Century Code, the Anti-Farming Corporation's Act, might apply to them: 1. Can the above mentioned organizations own farm land? 2. I

OPINION 68-174 October 24, 1968 (OPINION) Mr. Wilbur Boldt Deputy Commissioner North Dakota Game and Fish Department RE: Game and Fish - Proclamations - Purpose This is in reply to your letter with regard to legality of a provision in the 1968 hunting proclamation. You state that you have been asked by a county judge to ask our opinion concerning the legality of the wording in Section 3 of the 1968 hunting proclamation, "All bows must be unstrung at sundown each day and when in or on motor driven vehicles." You state you are basing this regulation on section 20-08-03 of the N

OPINION 68-304 October 23, 1968 (OPINION) The Honorable M. F. Peterson Superintendent of Public Instruction RE: Schools - Expenses of Board Members - School Boards Association This is in reply to your letter of October 17, 1968, in which you state the following facts and questions: According to a law enacted by the 1967 Legislature, the North Dakota School Boards Association is recognized and school boards as well as county associations may pay dues to the State Association. Does it follow that local school boards may pay the expenses of their delegates or representatives to t

OPINION 68-307 October 17, 1968 (OPINION) Mr. Richard B. Thomas Ward County State's Attorney RE: Schools - Special Reserve Fund - Depositories This is in reply to your letter of October 11, 1968, in which you enclosed a letter from Mr. Amandus Esterby, Ward County Treasurer, dated October 4, 1968. Mr. Esterby's letter is concerned with the special reserve funds of school districts and reads as follows: Can a school district demand that the county treasurer withdraw its special reserve fund from a depository already designated by the board of county commissioners to a deposito

OPINION 68-120 October 17, 1968 (OPINION) Mr. Dale H. Jensen Burleigh County State's Attorney RE: Counties - Poll Lists - Delivery to Federal Court This is in reply to your letter of October 9, 1968, relative to Public Law 90-274, an Act of Congress approved March 27, 1968, known as the "Jury Selection and Service Act of 1968." You state the following facts and questions: "Chief Judge George S. Register of the United States District Court of this District informs me that, pursuant to that Act, said Court has adopted a Plan for Random Jury Selection which has now been approve

OPINION 68-502 October 4, 1968 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Withholding - Refund This is in response to your letter in which you state the following: "During the last half of 1967, a man who was a resident of Minnesota earned wages in North Dakota from which his employer withheld North Dakota income taxes as required by the 1967 withholding law, the provisions of which are found in sections 57-38-58 through 57-38-65, N.D.C.C. The employer paid the amount withheld to the tax department. The man and his wife then filed a timely North Dakota jo

OPINION 68-165 October 3, 1968 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Restrictions on Number - Excess Levies This is in response to your letter in which you state that the mill levy submitted to the electors at the last primary election was five mills. This proposal was rejected. You then ask: "Does the prohibition of Section 16-01-15 extend to all mill levies upon the same question or is it restricted to re-submitting an identical proposal that was previously submitted? For example, does the bar of the statute apply to a propose

OPINION 68-161 September 26, 1968 (OPINION) Mr. Raymond R. Rund Steele County State's Attorney RE: Elections - Presidential Electors - Residence This is in reply to your letter of September 23, 1968, with regard to the interpretation of Chapter 16-16 of the 1967 Supplement to the North Dakota Century Code, enclosing various items of correspondence you have noted with regard thereto and informing us of your expressed opinion in regard thereto. You indicate that it does not appear to you that mere absence from a polling place of itself is sufficient to enable a voter to take adv

OPINION 68-164 September 20, 1968 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Restrictions on Number - County Hospital Levy This is in response to your letter in which you state the following: "At the last primary election on September 3rd of this year the Cavalier County Memorial Hospital Association caused to be submitted to the electors of Cavalier County the question of authorizing a tax in aid of the Hospital under the provisions of Chapter 23-18, N.D.C.C. The electors defeated the proposal by a rather narrow margin." You then ask for

OPINION 68-331 September 17, 1968 (OPINION) Mr. Tor A. Hegland Executive Director North Dakota State Employees Retirement Board RE: State - Employees Retirement System - Definition of Employee This is in response to your letter in which you ask for an opinion on the following situation: Certain employees of the Memorial Mental Health and Retardation Center requested to be included in the North Dakota State Employees Retirement Program. Apparently this request was granted and the employees did participate in such program. Now the employees have requested to have the relatio

OPINION 68-222 September 12, 1968 (OPINION) Mr. Thomas Rutten Assistant State's Attorney Ramsey County RE: Motor vehicles - Foreign registration - Employment in state This is in reply to your letter of September 4, 1968, relative to Section 39-04-18(2)(e) of the North Dakota Century Code, as amended. You note the statute provides a motor vehicle may be operated upon the highways, roads, and streets of this State without being registered under the following circumstances, among others: "Passenger motor vehicles registered in any other state or territory, provided, however, that

OPINION 68-277 August 30, 1968 (OPINION) Honorable Carl J. Freeman Representative, District No. 6 RE: Real Property - Financing Statements - Description of Property This is in response to your letter in which you ask for an opinion on the following questions: 1. If an abstractor uses the uniform certificate, does he become obligated to show financing statements covering fixtures which became attached to real estate: (a) If the legal description of the land is included in the financing statement? (b) If the legal description of the land is not included in financing statement

OPINION 68-20 August 29, 1968 (OPINION) Mr. C. R. Krogstad Dairy Commissioner RE: Agriculture - Sale of Milk on Farm - Regulation This is in reply to your request for an opinion of this office with regard to the practice of selling milk directly from the dairy farm. You inform us that: "The practice of selling milk on dairy farms directly to consumers is fast becoming a widespread operation and at times is creating a problem within the Dairy Department due to unsanitary conditions created by filling milk into many types of containers without proper equipment. This is being d

OPINION 68-293 August 22, 1968 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Roads - Right-of-Way - Easement This is in reply to your letter of July 26, 1968. You inform us that the county, in the process of rebuilding and blacktopping a county road project, is attempting to acquire additional land greater than the 33 feet of public right-of-way. I assume your reference is to the 33 feet on each side of the section line. You inform us that the county has procured its additional right-of-way by purchase and receiving a deed from the owners to the addition