North Dakota Attorney General Opinions

OPINION 67-63 December 26, 1967 (OPINION) Mr. Clinton R. Ottmar, State's Attorney Stutsman County RE: Courts - Expenditures - Approval by county This is in reply to your request for an opinion on the following questions: 1. Must the district court judge comply with Section 11-23-01, which requires certain officers to submit budgets to county commissioners on or before a certain date? 2. Can the county commissioners by budget limit the expenditures of the district court? 3. If the answer to Question No. 2 is "no" is the district judge limited to the budget as approved by

OPINION 67-323 December 18, 1967 (OPINION) Mr. Rodney S. Webb State's Attorney Walsh County RE: Townships - Contributions - Historical Markers This is in reply to your letter of December 11, 1967, in which you ask the following question: "'Can a township, through its supervisors or its members, at annual meetings, contribute township funds toward the erection of historical sites or markers within the township area?'" Our Supreme Court has held in many instances that political subdivisions which are creatures of the Legislature have only such authority as is specifically grant

OPINION 67-318 December 18, 1967 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Teachers Insurance and Retirement Fund - Members - State Retirem This is in reply to your letter of December 12, 1967, in which you set forth the following facts and questions: "According to the interpretation of the Teachers' Insurance and Retirement Fund law, specifically chapter 15-39, the employees of Vocational Rehabilitation have been under the Teachers' Insurance and Retirement Fund and have been paying assessments to that fund. "I understand that there are individ

OPINION 67-186 December 18, 1967 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Teachers Insurance and Retirement Fund - Members - State Retirem This is in reply to your letter of December 12, 1967, in which you set forth the following facts and questions: "According to the interpretation of the Teachers' Insurance and Retirement Fund law, specifically chapter 15-39, the employees of Vocational Rehabilitation have been under the Teachers' Insurance and Retirement Fund and have been paying assessments to that fund. "I understand that there are individ

OPINION 67-278 December 8, 1967 (OPINION) Mr. Charles E. Crane State's Attorney Hettinger County RE: Taxation - Person Property Taxes - Collection This is in response to your letter in which you call our attention to Sections 57-22-03, 57-22-21, and other related provisions of law pertaining to collection of delinquent personal property taxes. You then ask the following questions: 1) After personal property taxes have been constituted a lien on real estate pursuant to 57-22-21, does the sheriff still have authority to collect the same taxes pursuant to 57-22-03? If such

OPINION 67-275 December 7, 1967 (OPINION) Mr. Glenn Dill Assistant State's Attorney Ward County RE: Taxation - Liens for Special Assessments - Cancellation This is in response to your letter in which you ask for an opinion on the question whether or not special assessments are cancelled where the county obtains the property is a result of failure to pay general taxes. You also ask whether or not special assessments are cancelled when the property in question is conveyed to a holder of a tax certificate for which the county, in due course, issues its tax deed. Based on the st

OPINION 67-118 December 5, 1967 (OPINION) Honorable Glen Goodman, State Representative Milton, North Dakota RE: Legislature - Committee - Expenses This is in response to your letter in which you state that pursuant to House Concurrent Resolution B-2 the committee met and organized. At its meeting, in the due course of business, a motion was adopted to allow per diem and expenses to legislative members of the committee, and that they be reimbursed for services in the same manner as members on the legislative research committee are reimbursed, limited of course to the funds appropriated.

OPINION 67-159 November 22, 1967 (OPINION) Mr. Thomas L. Secrest State Chairman Republican National Committee RE: Political Parties - State Committee - District Chairmen This is in response to your letter in which you state the following: "A question has arisen as to what persons comprise the State Committee of the North Dakota political party as designated by chapter 16-17 as amended. More specifically, what positions or authority do those persons have who were designated as District Chairmen as the result of the reorganization meetings which were held pursuant to section 1

OPINION 67-12 November 21, 1967 (OPINION) Mr. William C. Smith Director of Investments The Bank of North Dakota RE: Bank of North Dakota - Investments - Stock of Small Business Investment Corporations This is in reply to your letter requesting an opinion on the question whether or not the Bank of North Dakota may invest or purchase common stock, or stock in a corporation formed under the provisions of Chapter 10-30 of the North Dakota Century Code. You state you are unable to find any direct authority to invest in this type of venture. You also forwarded with your letter a

OPINION 67-175 November 20, 1967 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Public Welfare - Mental Evaluation - Court Order Your letter to this office discusses a recent case in Grand Forks County where the defendant was ordered by the court to the Northeast Regional Mental Health and Retardation Service Center for psychiatric and psychological evaluation under authority of section 50-06-06(15). You state that the fee for such service was paid by the County Welfare Board and request our opinion on the following questions: 1) The statute states tha

OPINION 67-59 November 15, 1967 (OPINION) Honorable Halvor L. Halvorson, Jr. County Judge Ward County RE: Courts - County Courts of Increased Jurisdiction - Appointment of Counsel for Indigents This is in response to your request for an opinion on the following question: "* * * *Does the judge of a county court with increased jurisdiction have the power to appoint counsel at state expense for indigent defendants under the provisions of Chapter 259 of the 1967 Session Laws? Should you find that power to appoint counsel is not provided under this new law, I would like your o

OPINION 67-52 November 14, 1967 (OPINION) Mr. Eugene Kruger State's Attorney Cass County RE: Counties - Public Contracts - Buy-back Bids This is in reply to your letter with regard to use in bidding on public contracts of what you inform us is know as a "buy-back" bid. You state that such bids "* * * * call for a formula which starts with the sale price and to it is added the guaranteed cost of maximum repairs and from the total of these amounts they subtract the guaranteed minimum repurchase price to arrive at a final figure to determine who is the successful bidder." You e

OPINION 67-172 November 1, 1967 (OPINION) Mr. Elmer Olson Secretary Public Service Commission RE: Public Service Commission - Motor Carriers - Certificate for School Bus Operator As Secretary of the Public Service Commission you have asked for an opinion upon the question whether a school bus operator-owner who has contracted with a school district for the transportation of its pupils to and from school is required to obtain a certificate from the Public Service Commission in the case where he is requested by the school district to transport pupils to and from school activitie

OPINION 67-166 October 30, 1967 (OPINION) Mr. Elmer Olson Secretary Public Service Commission RE: Public Service Commission - Extension of Utility Service - Proce This is in response to your letter in which you state the following: While the Supreme Court's decision in Montana-Dakota Utilities Company, et al, v. Johanneson, et al, is not yet final, it appears that it will soon be necessary for this commission to process pending applications under chapter 319, Session Laws 1965, as that statute may be ultimately modified by the judicial decree. Our experience indicates that t

OPINION 67-55 October 27, 1967 (OPINION) Mr. Vincent Laqua State's Attorney Wells County RE: Counties - Sheriff - Eligibility for Office This is in reply to your letter of date 25 October 1967 with regard to eligibility for appointment to the office of sheriff of your county. You indicate that your county commissioners will have to fill the vacancy in the office of sheriff due to resignation of the incumbent sheriff. They have a number of applicants who are residents of other counties. You call our attention to the fact that section 44-02-04 of the 1967 Supplement to the

OPINION 67-249 October 18, 1967 (OPINION) Charles C. Rand, M.D. Superintendent Grafton State School RE: State School - Patients - Guardianship This is in response to your letter addressed to the Board of Administration, who in turn referred it to this office for an opinion on the following situation: Occasionally you have a resident at your institution who should have surgery performed, but you are unable to contact any relatives to obtain permission to proceed with the surgery. You inquire what is your obligation and function with reference to such situations. More speci

OPINION 67-225 October 18, 1967 (OPINION) Mr. Walter Christensen State Treasurer RE: State - Highway Department - Cancelled Warrants Revenue This is in response to your letter in which you call our attention to an opinion issued by this office on February 4, 1966, to the State Highway Commissioner. You specifically call our attention to the fact that the opinion quotes Section 57-27-15.1 as the basis for its conclusion, but such section pertains to depositories and would not apply to the State Highway Department. You further state: Since this opinion refers to Section 54-27

OPINION 67-14 October 18, 1967 (OPINION) Mr. G. W. Ellwein, Chief Deputy Office of State Examiner RE: Banks - Installment Loans - Rate of Interest This is in response to your letter in which you ask for an opinion whether or not under the provisions of Section 13-04-01 of the North Dakota Century Code, as found in the Supplement, banks may basically quote in newspapers, radio, TV, etc., a rate of six percent interest. You ask whether or not a trust company chartered under the provisions of Chapter 6-05 may make loans under the provisions of Section 13-04-01. Section 13-04-01

OPINION 67-281 October 13, 1967 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Alcoholic Beverages This is in response to your request for an opinion whether or not mixed drinks (alcoholic) are subject to the North Dakota Sales Tax Act as enacted by the 1967 Legislature, and other action taken by the Legislature as discussed herein. The North Dakota Supreme Court in Isackson v. State and John Gray, Tax Commissioner, 70 N.D. 505, 296 N.W. 192, ruled that the sales tax as provided for the 1937 Sales Tax Act applied to the full sale price on all mixed dr

OPINION 67-331 October 6, 1967 (OPINION) Mr. Lynn E. Crooks Unsatisfied Judgment Fund RE: Unsatisfied Judgment Fund - Balance - Collection of Fee This is in reply to your letter dated October 2, 1967, wherein you informed this office that you had made a request for additional registration fees pursuant to sections 39-17-01 and 39-17-02 of the North Dakota Century Code. In your letter you set forth facts as follows: That on May 31, 1967, the general cash balance of the Unsatisfied Judgment Fund was approximately $209,000.00; that out of said fund the legislature had appropri

OPINION 67-338 October 5, 1967 (OPINION) Mr. Lloyd Zander Commissioner Veterans Affairs RE: Veterans - Scholarships - Eligibility In your letter of September 21, 1967, relating to Senate Bill 380 there are two areas in which you have questions and request clarification. These areas are: 1. To be eligible for benefits must the veteran have served one hundred and eighty days in the armed services after August 5, 1964. 2. If the veteran is eligible for the benefits, should the computation of benefits include that period of service which occurred prior to August 5, 1964?

OPINION 67-284 October 3, 1967 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Club Dues This is in reply to your inquiry of September 8, 1967, with regard to the application of the North Dakota sales tax law to "dues" or "admissions" charged by country clubs, executive clubs, game lodges, and similar organizations. Your opinion request is quoted in part as follows: The clubs in question charge yearly 'membership fees' or 'dues' which, when paid, entitle members not only to specific amusement or entertainment facilities of a kind that are subject to

OPINION 67-335 September 25, 1967 (OPINION) Mr. Lloyd F. Zander Executive Secretary Veterans' Aid Commission RE: Veterans - Loan Fund - Appropriation This is in reply to your letter of September 18, 1967, concerning section 9 of chapter 284 of the 1967 Session Laws. You state the following facts: "The purpose of House Bill No. 816 was, amongst other things, to increase the money in the loan fund so that there would be sufficient money in the fund to grant loans to not only veterans of World War II, but also to veterans of the Korean Conflict and Vietnam veterans. As a mat

OPINION 67-28 September 18, 1967 (OPINION) Mr. Raymond R. Rund States Attorney Steele County RE: Cities - Official Newspaper - Legal Notices This is in reply to your letter of September 7, 1967, with regard to publication of official notices and legal publications of cities. You call our attention to section 40-01-09 of the North Dakota Century Code and section 40-01-11 of the 1967 Supplement to the North Dakota Century Code, which provide as follows: 40-01-09. OFFICIAL NEWSPAPER OF MUNICIPALITY. The official newspaper as chosen by the electors of the county shall be the

OPINION 67-158 September 12, 1967 (OPINION) Mr. T. L. Secrest State Chairman North Dakota Republican Party RE: Political Parties - Precinct Committeemen - Redistricting This is in reply to your letter of September 6, 1967, relative to precinct committeemen. You note a political party must have at least one committeeman in each precinct to represent the district party affairs. You ask what is to be done if a precinct is situated in two or more districts. You also ask what is to be done in the situation where more than one precinct committeeman is now representing a preci

OPINION 67-7 September 11, 1967 (OPINION) Mr. Clarence Krogstad Dairy Commissioner RE: Agriculture - Livestock Dealers - Bonds This is in reply to your request for an opinion of this office with regard to acceptance of Packers and Stockyards Bond form, in lieu of the present state bond form, for bonding of livestock dealers in North Dakota pursuant to Section 36-04-05 of the North Dakota Century Code. The Packers and Stockyards Bond, a copy of which you enclosed, states that its condition is as follows: "Applicable if Principal SELLS on commission (1) if the said Principal

OPINION 67-246 September 1, 1967 (OPINION) Mr. Walter Christensen State Treasurer RE: State - Real Estate Bond Funds - Transfer to General Fund In your letter of August 23, 1967, you request the following opinion: Therefore, we respectfully request an opinion allowing the transfer of the amount of $70,045.30 to the General Fund with authorization to pay from the General Fund the amount due if such bonds are presented for payment; or authorization to transfer that portion not deemed necessary to be retained by this Office for payment." The applicable statutes of the North Dakot

OPINION 67-354 August 23, 1967 (OPINION) Mrs. Agnes Geelan Chairman Workmen's Compensation Bureau RE: Workmens Compensation - Records - Confidential This is in response to your letter in which you state the following: In the course of the bureau's activities, it becomes necessary from time to time for the bureau to refer certain claimants to the vocational rehabilitation agency. This is done in accordance with section 65-02-14 of the North Dakota Century Code. When such a referral is made, the vocational rehabilitation agency requests and needs certain pertinent medical i

OPINION 67-156 August 16, 1967 (OPINION) Mr. Lyle Limond Executive Secretary and Treasurer North Dakota State Board of Medical Examiners RE: Physicians - License - Requirements This is in response to your letter in which you refer to section 43-17-18(5) of the North Dakota Century Code, which provides as follows: "QUALIFICATIONS OF APPLICANT FOR EXAMINATION. An applicant for a license to practice medicine shall present evidence satisfactory to the board that he has the following qualifications: * * * 5. That he has satisfactorily completed a one year internship in an

OPINION 67-95 August 9, 1967 (OPINION) Honorable K. O. Nygaard Commissioner of Insurance RE: Insurance - Merger of Companies - Notice This is in response to your letter wherein you request an opinion regarding three specific questions concerning the merger of insurance companies doing business in the State of North Dakota. The questions posed are as follows: 1. Does the proposed merger come within the purview of chapter 26-20, N.D.C.C.? 2. Assuming an affirmative answer to the first question, must the Commissioner of Insurance order that notice be given by mail to each

OPINION 67-56 August 9, 1967 (OPINION) Mr. David E. Nething Assistant State's Attorney Stutsman County RE: Counties - States Attorney - Duties Respecting Public Welfare This is in reply to your letter of 4 August 1967 with regard to the duties of the state's attorney of the county relative to its public welfare program. You inform us that your local county board indicated its desire to have either the state's attorney or you advise them relating to certain legal problems, i.e., reviewing memos, answering memos, and letters relating to the problems plus discussion with case wor

OPINION 67-93 August 2, 1967 (OPINION) Mr. Robert L. Eckert, State's Attorney Richland County RE: Highways - Landing of aircraft - Legality This is in reply to your letter of 21 July 1967 with regard to landing of crop spraying airplanes on county roads. You inform us that the plane in question landed several times each time for the purpose of securing supplies to aid in spraying crops on nearby land. You enclose a copy of a letter from the aeronautics director with regard to case law in local jurisdictions within the state on this matter. You inform us that the County Commis

OPINION 67-260 August 2, 1967 (OPINION) Mr. William D. Yuill Assistant State's Attorney Cass County RE: Taxation - Exempt Property - Fire Protection Assessment This is in regard to your letter of July 11, 1967, in which you requested my opinion as to whether the real property owned by the Red River Valley Council of the Boy Scouts of America is exempt from a fire protection assessment levy. In your letter you stated that the fire protection assessment has been made and an application has been made by the Council for abatement of the assessment and for reclassification of its

OPINION 67-299 July 31, 1967 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Exemptions for Residents of Other States This is in response to your request for an opinion as to whether or not section 4, subsection 12, of chapter 459 of the 1967 Session Laws, which exempts gross receipts from North Dakota sales tax for sales made to Minnesota residents in North Dakota under certain conditions will continue to be in force after August 1st, 1967, which is the date the Minnesota Sales Tax Law goes into effect. Section 4, subsection 12 of chapter 459 of the 19

OPINION 67-305 July 28, 1967 (OPINION) Mr. Donald C. Holand State Senator Lisbon, North Dakota RE: Taxation - Sales Tax - Penalty and Revocation of Permits This is in response to your letter of June 23, 1967, in which you call attention to section 13(4) of House Bill 731, which pertains to the manner and procedure in which sales tax permits may be revoked. You also state that there is a situation where there is no dispute about the amount of tax but only as to the penalty assessed. In connection therewith you ask the following question: "'If the taxpayer believes he has reas

OPINION 67-219 July 27, 1967 (OPINION) Mr. Tor A. Hegland Executive Secretary Employees Retirement Board RE: State - Employees Retirement System - Expenses of Board Members This is in response to your request for an opinion whether or not the chairman of the State Retirement Board may receive a payment of $40.00 per day in addition to the honorarium and expense reimbursement. You state that the board adopted the following resolution as shown in its minutes: "Mr. Lahaug moved that Chairman Guthrie, when employed by the Retirement Board on matters of the retirement system, be p

OPINION 67-30 July 26, 1967 (OPINION) Mr. J. Howard Stormon City Attorney Rolla, North Dakota RE: Cities - Penalties - Credit for Hard Labor This is in reply to your letter of July 18, 1967, in which you state the following facts and questions: I note that Chapter 113 of the 1967 Session Laws purports to amend Section 40-18-12, specifying a credit of $5.00 per day for hard labor on municipal fines and costs. I notice that Section 129 of Chapter 323 of the 1967 Session Laws purports to amend the same section, allowing a credit of only $1.25 per day for such hard labor. Chap

OPINION 67-91 July 25, 1967 (OPINION) Mr. Lloyd H. Nygaard, Assistant Commissioner Board of Higher Education RE: Higher education - Revenue bonds - Security for public funds This is in reply to your letter of July 19, 1967, relative to Section 15-55-08 of the North Dakota Century Code. You state the following facts and questions: "This section is a part of the law authorizing the sale of revenue bonds for the construction of revenue producing buildings such as dormitories, student centers and dining facilities. "The State Board of Higher Education is interested in your inter

OPINION 67-328 July 24, 1967 (OPINION) Mr. A. Friedman Register of Deeds Cass County RE: Uniform Commercial Code - Filing Fees - Pre-code Instruments This is in reply to your letter of July 18, 1967, relative to the fees for filing under the Uniform Commercial Code. You state the following facts and questions: "I am charging and collecting fees for filing according to the new schedule of fees effective July 1, 1967 as required in chapter 41-09 (article 9) of the Uniform Commercial Code. "It appears that because I have been requested to file two documents that pertain to som

OPINION 67-312 July 7, 1967 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Sales Tax - Shoe Repair Materials This is in reply to your inquiry of June 27, 1967, with regard to the possibility of sales and use tax collection responsibility of an out-of-state organization selling materials and supplies to shoe repairmen in this state. You include a statement from the company as an enclosure with your letter. You also include a copy of rule no. 87. Your rule no. 87 provides as follows: "Persons engaged in the business of repairing shoes are deemed to be engaged

OPINION 67-38 June 26, 1967 (OPINION) Mr. Fred P. Brandt Director Economic Development Commission RE: Cities - Zoning - Jurisdiction This is in reply to your letter of June 9, 1967, relative to Senate Bill 158 as enacted by the 1967 Legislative Assembly and section 40-48-18 of the North Dakota Century Code. You state the following questions: 1. In the absence of either a county or township zoning commission, does the municipality have the absolute authority to zone the six mile area surrounding it? If so what are the stipulations if any? 2. If a municipality does zon

OPINION 67-243 June 19, 1967 (OPINION) Honorable Ben Meier Secretary of State RE: State - Public Buildings - Submission of Plans to Construction S Your request for an opinion dated June 12, 1967, reads as follows: Section 54-21-17 of the N.D.C.C. provides for a Construction Superintendent and outlines his duties. I respectfully request your opinion as to whether or not all state agencies are required to submit plans and specifications to the Superintendent of Construction for final approval before the letting of bids." Section 54-21-17, as amended, of the North Dakota Century

OPINION 67-196 June 19, 1967 (OPINION) Mr. A. R. Nestoss Deputy Superintendent Public Instruction RE: Schools - School District Minutes - Publication of Salaries This is in reply to your letter of June 14, 1967, relative to the publication of school board minutes. You state the following facts and questions: The question has been asked concerning the necessity of publishing the individual salaries of teachers employed in those school districts which approved the Initiated Measure No. 5 at the annual school elections. There is a question in the minds of several of these di

OPINION 67-270 June 15, 1967 (OPINION) Mr. Walter Christensen State Treasurer RE: Taxation - Highway Tax Distribution fund - Time of Distribution This is in response to your letter in which you call our attention to H.B. No. 580 as passed by the 40th Legislative Assembly, which creates a new formula for the distribution of motor vehicle registration fees for both passenger and transportation vehicles, fifty percent of the motor vehicle excise taxes, special fuel taxes under Chapter 57-52 and Chapter 57-53, and motor vehicle fuel tax under Chapter 57-54. The revenues derived u

OPINION 67-117 June 12, 1967 (OPINION) Mr Orville Hagen Commissioner of Labor RE: Labor - Minors - Power Driven Machinery Your request for an opinion dated June 7, 1967, reads, in part, as follows: "Section 34-07-16 of the N.D.C.C. prohibits the employments and occupations of minors. "Paragraph 6 of this section states: 'Any capacity which requires the adjusting of any belt to any machinery or the oiling, wiping, or cleaning of any machinery;' "In your opinion, if the minor was not engaged in the operation of the power driven equipment, would he still be prohibited from be

OPINION 67-85 June 9, 1967 (OPINION) Mr. Russell W. Stuart Commissioner Game and Fish Department RE: Game and Fish - Crossbow Hunting - Persons Eligible This is in response to your letter of April 10, 1967, in which you requested the opinion of this office with respect to the persons who may qualify to hunt with a crossbow as provided by the provisions of S.B. No. 60, as amended, passed by the Fortieth Legislative Assembly of North Dakota. Specifically, you asked whether or not a person who has lost the greater portion of four fingers on one hand and is as a consequence rated

OPINION 67-89 June 8, 1967 (OPINION) Mr. Kenneth E. Raschke Commissioner Higher Education RE: Higher Education - Experiment Stations - Sale This is in reply to your letter of June 5, 1967, relative to Section 5 of H.B. No. 502 as enacted by the 1967 Legislative Assembly. You state the following facts and questions: The State Board of Higher Education has directed me to request a written Attorney General's opinion regarding Section 5 of H.B. No. 502 as enacted into law by the Legislative Assembly during the 1967 Session. This bill provides for the appropriations, general o