North Dakota Attorney General Opinions

OPINION 68-32 August 6, 1968 (OPINION) Mr. H. L. Thorndahl, Jr. State Examiner RE: Banks - Rate of Interest - Credit Cards This is in response to your letter in which you ask if it is legal for a bank to charge 1 1/2 percent interest per month as a service charge on a credit card plan. The powers and authority of banks are set out in Section 6-03-02 of the North Dakota Century Code. Under Subsection 9 thereof, it is conceivable that a bank might engage in some form of credit card activity, however, as to the interest rate, we come to a different conclusion. Section 6-03-62

OPINION 68-166 August 6, 1968 (OPINION) Mr. William Heigaard Assistant State's Attorney RE: Elections - Special elections - Time This is in reply to your letter with regard to submitting a local question at the time of the primary or special elections to be held in the autumn of this year. You make reference to the last paragraph of section 25-12-12 of the North Dakota Century Code, as amended, providing: The governing body of any such political subdivisions for the purpose of operating, maintaining, or participating in the operation and maintenance of mental health and retard

OPINION 68-313 August 5, 1968 (OPINION) Mr. H. J. Snortland Assistant Superintendent Department of Public Instruction RE: Schools - Tuition - Attendance Out of State This is in reply to your letter of July 31, 1968, relative to a tuition matter. You state the following facts and questions: We have received a letter from Mrs. Ruth Rust, Clerk of Hillsboro Public School District. Mrs. Rust writes the following: 'One of the students from our district lived in Minneapolis with her brother for several months during the past school year.* * * She attended school while living

OPINION 68-305 August 5, 1968 (OPINION) Mr. Norman G. Tenneson Attorney at Law Fargo, North Dakota RE: Schools - Fargo School District - Expense Accounts This is in reply to your letter of July 31, 1968, relative to the Board of Education of the City of Fargo. You ask if we have issued an opinion as to whether school districts are included within the provisions of sections 44-08-03 through 44-08-05.1 of the North Dakota Century Code, as amended. You also ask for our opinion on the question of whether expense accounts of officers and employees of public school districts and

OPINION 68-159 August 2, 1968 (OPINION) Mr. Gordon O. Hoberg State's Attorney Logan County RE: Elections - Polling Places - Located Within County This is in reply to your letter of July 29, 1968, relative to the establishment of polling places. You note an opinion issued by this office to you on July 14, 1964, and further note that a change has been made in the law since the issuance of that opinion. Your question is as follows: Could the County Commissioners of Logan County establish a voting place for a Logan County precinct outside the boundaries of Logan County? In

OPINION 68-218 September 30, 1968 (OPINION) Honorable Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Emergency Vehicles - Security Agencies This is in response to your letter in which you state the following: We have, in the state of North Dakota, several privately owned and operated security agencies providing patrol service to commercial concerns. Usually this service is provided in the outlying districts of the more metropolitan areas. The vehicles driven by these security agencies are frequently equipped with such standard police equipment

OPINION 68-343 July 16, 1968 (OPINION) Honorable Walter Christensen State Treasurer RE: State - Institutions Benefit Fund - Disposition This is in response to your letter of July 2, 1968, in which you state the following: Currently the State Treasurer has a balance of $1,850.45 deposited to the credit of fund No. 382, titled, 'Institutional Benefit Fund', as referred to in Section 12-45-07 of the North Dakota Century Code. Since the law is very vague as to the purpose and use for which these funds are intended, we respectfully request your opinion as to what disposition shoul

OPINION 68-109 July 16, 1968 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Counties - Courthouses - Courtrooms This is to acknowledge receipt of your letter of July 8, 1968, pursuant to the request of your board of county commissioners, requesting an opinion regarding problems you have run into with regard to proposed remodeling of third floor juvenile and district courts. You state that two plans have been submitted by each of the District Judges resident in Grand Forks County and that neither judge is able to compromise his plan. Apparently the cou

OPINION 68-425 July 11, 1968 (OPINION) Honorable Walter Christensen State Treasurer RE: Taxation - Highway Tax Distribution - Time of Payment This is in response to your letter in which you set forth the following and ask for an opinion thereon: North Dakota Century Code, Section 54-27-19 establishes a Highway Tax Distribution fund, out of which the State Treasurer is to make allocations to the State Highway Department and to counties in North Dakota. Our specific question with regard to this law is: Will the normal distribution which will be made during the month of July (

OPINION 68-404 July 11, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemption of Farm Machinery - Proof of Payment of Sales Tax This is in response to your letter in which you ask for an opinion on the provisions of Section 57-02-20, as amended, of the North Dakota Century Code, which provides as follows: * * * No exemption shall be allowed, however, unless the buyer exhibits to the assessor satisfactory written proof on a form furnished by the state tax commissioner to retail sales or use tax permit holders only, that the North Dakota sales or use t

OPINION 68-420 July 3, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemptions - Public Purpose This is in response to your question whether or not part or all of a lot and a building on it and personal property in the building would be exempt from property taxes under the following situation, which is in the tentative planning stage. It is proposed to construct a memorial center honoring the memory of a former United States president, to consist of a one-story building approximately 40x100 feet in size. The building would have a twofold purpose, (

OPINION 68-79 June 5, 1968 (OPINION) Mr. Martin N. Gronvold, Executive Director Employment Security Bureau RE: Employment security bureau - Social security - Referendum This is in response to your request for an opinion regarding Section 52-10-11, as enacted by the 1967 Legislature through H.B. No. 801 (Chapter 375, 1967 S.L.). Along with your request for an opinion you also submitted correspondence between your office and the Social Security Office located at Kansas City, Missouri, for Region VI. In such correspondence several questions are raised and you have referred tho

OPINION 68-110 May 29, 1968 (OPINION) Honorable Evan E. Lips State Senator Bismarck, North Dakota RE: Interest - Corporations Borrowing Out of State - Rate This is in response to which you ask for an opinion on the following situation: May a North Dakota corporation which has applied for and obtained a Certificate of Authority to do business in another state borrow money in such other state in which the legal rates of interest are higher than North Dakota and in doing so, in good faith contract with the lender of the money in the other state, agreeing to pay a higher rate of

OPINION 68-211 May 27, 1968 (OPINION) Mr. J. H. Newton Secretary State Bar Board RE: State Auditor - Examination of Books - State Bar Board This is in reply to your letter of May 23, 1968, relative to the examination of the records of the State Bar Board. You state the following facts and questions: "For the past two years the state auditor has been billing the State Bar Board for the cost of the examination of the records of the State Bar Board. The query arises as to whether or not this is a proper charge, and I would respectfully request your opinion thereon. "The Sta

OPINION 68-57 May 24, 1968 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Counties - Superintendent of Schools - Parochial Schools This is in reply to your letter of May 22, 1968, relative to the appointment of a deputy county superintendent of schools. You state the following facts and questions: Under section 15-22-06 of the North Dakota Century Code, it provides, where there are 50 or more teachers under the supervision of the county superintendent of schools, a deputy may be appointed. It appears that at this time in Burleigh County, the superintende

OPINION 68-34 May 24, 1968 (OPINION) Mr. Paul A. Muehler, City Attorney Hankinson, North Dakota RE: Cities - Recreation System - Appropriations This is in reply to your letter of May 22, 1968, with regard to the Summer Youth Program in your city. You inform us that for the past several years such a program has been organized by private citizens of your city. One purpose of same has been to provide recreation for the youth of your city, such as baseball and swimming. In the past the program has been financed by donations received from various organizations and private citi

OPINION 68-115 May 22, 1968 (OPINION) Mr. H. L. Thorndal, Jr. State Examiner RE: Interest - Insurance Costs - Federally Guaranteed Loans This is in response to your letter in which you refer to an earlier opinion which concluded that the one-half percent of the insurance costs making a total of seven and one-quarter percent comes within the prohibitions of section 47-14-09 of the North Dakota Century Code. You then ask if the transactions mentioned in sections 6-03-47, 6-03-47.1, 6-03-48 and 6-03-49 are excepted from the provisions of section 47-14-09 of the North Dakota Centu

OPINION 68-262 May 20, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemptions - Definition of Income This is in response to your letter in which you observe that the term "income" as used in Subsection 2 of Section 57-02-21, as amended by the 1967 Legislature, is not defined. You also state that it is your understanding that the term "income" means the gross income of the individual, less the expenses directly attributable to and incurred by the individual in obtaining the income. You then set forth three illustrations and ask for our opinion whe

OPINION 68-128 May 14, 1968 (OPINION) Mr. Isak Hystad Chairman Board of Administration RE: Mental Health - Transfer from State Hospital to State School - L This is in response to the questions submitted to you by Dr. Charles C. Rand, Superintendent of the Grafton State School. In such letter, Dr. Rand sets forth that a young woman was committed to the State Hospital on March 14, 1958. The diagnosis given at the time was mental deficiency, moderate. On May 21, 1958, she was transported from the State Hospital to the Grafton State School by authority of the Jamestown Hospi

OPINION 68-43 May 9, 1968 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Counties - Buildings - Funds This is in response to your letter in which you state that the county commissioners are desirous of building a highway shop building to serve as offices of the Ward County Highway Department. You also advise that the county commissioners have hired an architect to draw the plans and the bid was let for construction with the understanding and agreement that the contractor would not begin work until after the annual budget was adopted for the fiscal year 1969

OPINION 68-210 May 9, 1968 (OPINION) Honorable Curtis Olson State Auditor RE: State Auditor - Examination of Books - Professional Boards This is in reply to your letter in which you mention the various professional groups referred to in Title 43 of the North Dakota Century Code and to your duties as set out under Section 54-10-01 thereof. You also make reference to Section 186 of the North Dakota Constitution and the proposed amendments to said Act. You also state that some of the professional groups are being audited by your department but some are not. You then ask wheth

OPINION 68-123 April 26, 1968 (OPINION) Honorable Ben Meier Secretary of State RE: Legislature - Resolutions - Errors and Omissions This is in response to your letter in which you make reference to Senate Concurrent Resolution UU relating to proposed constitutional amendment on the judiciary, which is now chapter 517 of the 1967 Session Laws. You call to our attention that section 7 of the resolution does not contain the same language as was adopted and passed by the legislature. You then ask for an opinion as to whether or not you should use the language of Senate Concurre

OPINION 68-195 April 25, 1968 (OPINION) Honorable M. F. Peterson Superintendent Department of Public Instruction RE: Schools - School Board Members - Compensation This is in reply to your letter of April 23, 1968, relative to compensation of a school board member. You state the following facts and questions: "According to the law, a school board member is entitled to $5.00 per meeting not to exceed 18 meetings per year. This, it seems to me, is the maximum compensation for board meetings even though a district is receiving federal funds for programs. For example, under Ti

OPINION 68-135 April 24, 1968 (OPINION) Colonel Ralph M. Wood Superintendent Highway Patrol RE: Motor Vehicles - Operators License - Nonresidents This is in reply to your letter of April 19, 1968, relative to the privilege of a nonresident of North Dakota to operate a motor vehicle in the state of North Dakota. You state the following facts and questions: It is recognized that under normal conditions, section 39-06-02 apply to the operation of any motor vehicle by a nonresident who is at least sixteen years of age and who has in his possession a valid operator's license iss

OPINION 68-94 April 18, 1968 (OPINION) Mr. Ray H. Mattison, Superintendent State Historical Society RE: Historical Sites - Private Land - Permit This is in reply to your letter with regard to issuance of permits or annual licenses to be issued for investigation, exploration, or excavation of any prehistoric or historic ruins, Indian Mounds, graves or villages, or other sites for archaeological or paleontological material on lands in North Dakota, pursuant to chapter 55-03 of the 1967 Supplement to the North Dakota Century Code. You call our attention to the exception contained

OPINION 68-351 April 1, 1968 (OPINION) Mrs. Agnes Geelan, Chairman Workmen's Compensation Bureau RE: Workmens Compensation - Corporations - Coverage of Board of Dire Your request for an opinion dated March 22, 1968, reads as follows: A question has arisen with respect to providing workmen's compensation coverage for members of the board of directors of a corporation. Two situations are involved regarding such members. The first would involve a member of the board whose only contact with the corporation would be during meetings of the board, including travel to and from such

OPINION 68-76 March 26, 1968 (OPINION) Mr. Martin N. Gronvold, Executive Director Employment Security Bureau RE: Employment security bureau - Executive director - Authority In your letter of March 11, 1968, you mention that you are becoming more and more involved with agreements and contracts with numerous federal programs relating to the activities of the Unemployment Compensation Division and the Employment Service Division. Presumably the programs to which you make reference arise out of federal legislation. We are also assuming that these programs must be activated and ma

OPINION 68-114 March 26, 1968 (OPINION) Mr. H. L. Thorndal, Jr. State Examiner RE: Interest - Corporations - Exceptions This is in reply to your letter in which you enclosed the following question and asked for an opinion thereon. Does section 10-19-04(8) create an exception to section 47-14-09? Section 47-14-09 of the North Dakota Century Code provides as follows: "USURY - DEFINITION - MAXIMUM CONTRACT RATE - PROHIBITION. - Except as otherwise provided by the laws of this state, no person, copartnership, association, or corporation, either directly or indirectly, shall tak

OPINION 68-81 March 21, 1968 (OPINION) Mr. Martin N. Gronvold, Executive Director Employment Security Bureau RE: Employment security bureau - Unemployment contributions - Compromise This is in response to your letter in which you refer to Chapter 52-04, and more specifically to Section 52-04-06, of the North Dakota Century Code, relating to payment of contributions under the Unemployment Act. You also state that occasionally offers are made to compromise the contributions due. You then ask for an opinion under what conditions, if any, the law permits a compromi

OPINION 68-323 March 21, 1968 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Townships - Annual Meetings - Failure to Hold This is in response to your letter in which you call attention to the fact that the annual township meetings were to be held on March 19, 1968, however, because of inclement weather it is possible that some townships were not able to hold their annual township meeting. You then ask for an opinion as to the procedure to be followed by the townships which did not hold annual meetings in bringing about the holding of an annual meeting. S

OPINION 68-165 March 19, 1968 (OPINION) Mr. G. W. Ellwein Chief Deputy Office of State Examiner RE: Public Funds - Depositories - Interest Rate This is in response to your letter in which you refer to section 21-04-18 of the North Dakota Century Code, as amended by chapter 191 of the 1967 Session Laws, and also to section 21-04-13 which was amended by chapter 158 of the 1961 Session Laws. The former section now provides as follows: "* * * Depositories of public funds in this state shall pay substantially the same rate of interest thereon as such banks pay to individual dep

OPINION 68-108 March 18, 1968 (OPINION) Mr. H. L. Thorndahl, Jr. State Examiner RE: Interest - Banks - Loan in Other State This is in reply to your letter of March 11, 1968, in which you ask if a North Dakota state bank may participate in a loan originating in Minnesota, which loan pays an interest of 7 1/2 percent. Section 6-03-62 of the North Dakota Century Code provides; INTEREST ON LOANS - RATE. An association may demand and receive for loans on personal security, or for discounting notes, bills, or other evidences of debt, such rate of interest as may be agreed upon, no

OPINION 68-287 February 23, 1968 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Conditional Sales Contracts This is in response to your request for an opinion on the following specific hypothetical situation: "* * * The dealer sold an automobile in 1962 for $3,600, less trade-in of $600, and computed sales tax on the $3,000 at the rate of 2 percent and remitted $60.00 to the state of North Dakota at the time and transaction was consummated. The automobile was sold under a conditional sales contract and the dealer subsequently assigned the $3,000 con

OPINION 68-265 February 23, 1968 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Exemptions - Head of Family Re: House Bill No. 558 Chapter 420, 1967 Session Laws This is in response to your letter in which you ask for an opinion on Chapter 420 of the 1967 Session Laws, as enacted through House Bill No. 558. You state, "on the basis of an examination of the history of this law, it is obvious that only inept draftsmanship by the sponsor of the legislation is responsible for such a result." You then specifically ask whether or not a widow or widower and any ot

OPINION 68-198 February 19, 1968 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Schools - State Aid Payments - Method of Computation This is in reply to your letter of February 8, 1968, relative to Foundation payments. You ask whether the fall Foundation payments may be made on the basis of then current enrollments. Section 15-40-16 of the North Dakota Century Code, as amended, governs the method of making state aid payments to school districts and provides, in part, as follows: "* * * Immediately upon the termination of the school year and in no e

OPINION 68-137 February 15, 1968 (OPINION) Colonel Ralph M. Wood, Superintendent Highway Patrol RE: Motor Vehicles - Registration - Nonresidents You have requested this office's opinion on the registration of a motor vehicle under the following factual situation. The vehicle is owned by a citizen of the Philippines who is serving on active duty with the U.S. Air Force at the Minot Air Force Base. The motor vehicle which is owned by the Philippine citizen is licensed in the Philippine Islands. Section 39-04-18 of the N.D.C.C. provides generally for the exemption of motor vehicl

OPINION 68-202 February 9, 1968 (OPINION) Honorable William L. Guy Governor RE: Schools - Teachers Professional Practices Commission - Compositi This is in reply to your letter of February 9, 1968, relative to section 15-38-17 of the North Dakota Century Code, as amended, governing the Teachers Professional Practices Commission. You note the provisions of this section and state the following facts and questions: "One member of the commission who was a classroom teacher at the time of his appointment has now left the field of active classroom teaching but is in a field relate

OPINION 68-191 February 9, 1968 (OPINION) Mr. Clyde Duffy Attorney Devils Lake, North Dakota RE: Schools - Indian Reservations - Eligibility This is in reply to your letter of January 24, 1968, in which you ask for a definition of the term "Indian" as used in sections 15-40-14 and 15-40-24 of the North Dakota Century Code, as amended. Your request is made in behalf of the Couture and Ingebretson Public School Districts in view of a letter written by this office to Mr. Howard Snortland, Department of Public Instruction, on December 22, 1967. Section 15-40-14- of the North Da

OPINION 68-184 February 7, 1968 (OPINION) Mr. H. J. Snortland Assistant Superintendent Public Instruction RE: Schools - Certificates of Indebtedness - Retirements by County O This is in reply to your letter of February 1, 1968, relative to certificates of indebtedness issued by a school district. You state the following facts: "A school district has a population of over 4,000 and sells certificates if indebtedness against its uncollected taxes. The lender has the certificates registered with the county auditor. The county treasurer, however, does not retain the tax collec

OPINION 68-353 February 6, 1968 (OPINION) Mrs. Agnes Geelan Chairman Workmen's Compensation Bureau RE: Workmens Compensation - Merit Rating System - Volunteer Firemen This is in response to your letter in which you state the following: Section 65-06-04 sets out the method of ascertaining premium for volunteer firemen. Section 65-04-17 allows the bureau to establish a merit rating system. Would you please give your opinion as to whether or not section 65-06-04 precludes the bureau from applying the merit rating system allowed in section 65-04-17 with respect to the firemen

OPINION 68-301 February 6, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Limitation on Collection This is in response to your letter in which you recite the following: "The audit division of the office of the State Tax Commissioner performed a sales and use tax audit of the books and records of a North Dakota retailer during the month of March, 1966. At the time of the commencement of the audit, the retailer was informed that the audit would cover a six-year period beginning January 1, 1960 through December 31, 1965. The records for the

OPINION 68-35 January 31, 1968 (OPINION) Mr. Lindy L. Lein Mayor Wing, North Dakota RE: Cities - Transition of Villages to Cities - Election of Officers This is in reply to your letter in which you ask for an opinion on the following: The city of Wing would like an opinion on whether or not the officers elected under the village form of government, under which Wing operated previous to the passage of Senate Bill No. 46, which became effective July 1, 1967, and whose terms do not expire this year will be required to run for reelection in the April 1968 city election, or will t

OPINION 68-139 January 29, 1968 (OPINION) Colonel Ralph M. Wood, Superintendent Highway Patrol RE: Motor Vehicles - Snowmobiles - Use of Highways This office acknowledges receipt of your letter of January 22, 1968, which reads as follows: "The matter of snowmobiles and/or ski-doo type vehicles using the highway and highway right-of-way is a continuing legal question in my mind. "The vehicle in question is a self-propelled, track type vehicle designed to travel on snow. The problem for law enforcement is whether or not this vehicle can legally operate on the highway or highw

OPINION 68-314 January 25, 1968 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Taxation - Special Assessments - Allocation Between Taxes and Sp This is in reply to your letter, which reads as follows: "This is a request for an opinion under section 40-24-16, as amended, in the Century Code. This section states, in effect, that wherein the County Treasurer receives less than the full amount of taxes and special assessments due at any time on any lot or tract of real estate, he shall allocate the amount of such payment between taxes and special assessments i

OPINION 68-2 January 23, 1968 (OPINION) Mr. C. R. Krogstad Dairy Commissioner RE: Agriculture - Filled Dairy Products - What Constitutes This is in reply to your request for an opinion of this office with regard to application of rules and regulations governing Filled Dairy Products to certain products hereinafter described. You identify the first product concerned as a product processed from 3.0 percent imitation fat, (namely, vegetable oil or imported coconut oil), 9.66 pounds of solids, not fat (skim milk powder), the emulsified content being .23 percent (twenty-three hundre

OPINION 68-70 January 18, 1968 (OPINION) Mr. Robert Q. Price, State's Attorney Cavalier County RE: Elections - Notice - Publication This is in response to your letter in which you make reference to Section 16-06-02, which was amended by two bills - House Bill No. 736, Chapter 159 of the 1967 Session Laws, and House Bill No. 533, Chapter 158 of the 1967 Session Laws. The amended version as amended by Chapter 159 and as appearing in the Session Laws does not change the publishing requirement and provides as follows: " * * * once each week for two consecutive weeks next precedin

OPINION 68-83 January 15, 1968 (OPINION) Mr. Neil Thompson State's Attorney Ramsey County RE: Game and Fish - Aerial Hunting - Restricted Areas We are enclosing herewith copy of a letter of this office with regard to a township closing areas to hunting by this means. Similar principles would probably apply to any county action in the same field. To briefly outline the statutory history on this matter please note the following: Section 20-01-01, subsection 7, of the North Dakota Century Code, provides: DEFINITIONS. In this title, unless the context or subject matter othe