North Dakota Attorney General Opinions

OPINION 67-220 January 4, 1967 (OPINION) General James O. Guthrie Chairman State Employees' Retirement Board RE: State - Employees' Retirement System - Investment of Funds This is in response to your letter in which you recite a brief summary of the transactions of the State Employees' Retirement Plan and then ask for an opinion on the following questions: 1. May State Employee Retirement Funds be invested in corporate (common) stock? 2. Is an investment management contract with the Retirement Board prohibited by the North Dakota Securities Act (Chapter 10-04 N.D.C.C.)?

OPINION 67-10 January 3, 1967 (OPINION) Mr. Arne Dahl Commissioner Agriculture and Labor RE: Agriculture - Livestock Dealers - Licenses Your request for an opinion dated December 27, 1966, has been received by this office. Question 1. "Must each individual named in a copartnership, association, or corporation, doing business as livestock and/or wool dealer be bonded and licensed, and each pay a fee of $10,00, or will one license, one bond in the amount of $5,000, and one $10.00 fee be sufficient for each of the above categories?" Section 36-04-01 of the North Dakota Centur

OPINION 66-9 December 20, 1966 (OPINION) Mr. John E. Schick Acting Dairy Commissioner RE: Agriculture - Livestock Dealer Employed by Packing Company - Lic Your letter requesting an opinion and dated December 16, 1966, has been received by this office. Your letter states that there is some question as to whether or not a Livestock Dealer's License and Bond are required for a livestock buyer employed by a commercial meat packing firm. You further state that animals purchased by such buyers are not for resale but are shipped for slaughter either within or outside the State of

OPINION 66-280 December 19, 1966 (OPINION) Mr. Fabian E. Noack State's Attorney Foster County RE: Taxation - Sale of Land for Special Assessments - Cancellation o This is in reply to your letter with regard to lands sold for taxes when special assessments become involved. You call our attention to that part of Section 57-28-09 of the 1965 Supplement to the North Dakota Century Code stating: * * * Such tax deed shall pass the absolute property in fee to the county, free from all encumbrances whatsoever, except installments of special assessments certified or to be certified to

OPINION 66-120 December 14, 1966 (OPINION) Mr. Kenneth Raschke Commissioner Higher Education RE: Legislature - Members - Conflict of Interest This is in response to your request for an opinion on the following facts: In November of 1966, Dr. Warren Allen, a member of the faculty of Minot State College was elected to the North Dakota Legislature. Dr. Allen's contract year runs from July first through June thirtieth and is employed under the provisions of the tenure policy of the board, which is attached hereto. Dr. Allen has been employed at Minot State College a sufficien

OPINION 66-229 December 12, 1966 (OPINION) Honorable William L. Guy Governor RE: State - Job Corps Program - Nonprofit Corporation This is in response to your letter in which you set forth some of the current problems experienced in the fiscal administration of the Job Corps Program. You also state that "We have discussed these problems with officials of the Office of Economic Opportunity and the suggestion has been advanced that we consider establishing a nonprofit corporation to assume administrative responsibility for the Job Corps. They feel that this structure would st

OPINION 66-204 December 6, 1966 (OPINION) Honorable Wallace E. Warner Securities Commissioner RE: Securities - Registration - Exemption of Small Business Investme This is in response to your letter in which you ask for a formal opinion on the question whether or not a corporation organized under chapter 10-30 of the North Dakota Century Code may sell securities to the public without first complying with the provisions of chapter 10-04 of the North Dakota Century Code. As background information you forwarded for our consideration a letter written by Mr. William J. Daner, addre

OPINION 66-205 December 5, 1966 (OPINION) Mr. R. J. Bloedau State's Attorney Hettinger County RE: Soil Conservation - Tree Planting - Lien This is in reply to your request for an opinion of this office in regard to soil conservation district's liens for tree-planting. Your questions are states as: 1) May the Soil Conservation District file a 'Mechanic's Lien' for tree-plantings performed for a farmer, and for which he now refuses to pay? (Sec. 35-27-01 (3)). 2) Can such lien be perfected or filed more than six years after the tree-planting was accomplished?" We note th

OPINION 66-241 November 29, 1966 (OPINION) Mr. E. F. Welch Inspector Plumbing Board RE: State - Plumbing Board - Sale of Advertising This is in reply to your request for an opinion of this office with regard to the legality of the North Dakota State Plumbing Board selling advertisements to various plumbing wholesale firms and placing these advertisements in the State Plumbing Code Book. You inform us that the money derived from these advertisements would be used to print the code book and to supply a better type binder. Advertisements would be placed both on the cover and th

OPINION 66-277 November 25, 1966 (OPINION) Mr. Walter Christensen State Treasurer RE: Taxation - Motor Vehicle Use Tax - Distribution This is in response to your request for an opinion as to the proper formula to be used in distributing the use tax on motor vehicles which is transferred to the Motor Vehicle Registration Fund. The initial distribution or allocation of the use tax collected under the provisions of Chapter 57-40, as amended by Chapter 438 of the 1965 Session Laws is fifty percent to state general fund and fifty percent to motor vehicle registration. It is the la

OPINION 66-256 November 22, 1966 (OPINION) Mr. H. L. Thorndal, Jr. State Examiner RE: Taxation - Collection of Personal Property Taxes - Deduction of Expenses This is in response to your letter in which you ask for an opinion whether or not the board of county commissioners may order the sheriff to deduct 10 percent from all delinquent property taxes collected, including those taxes which are not delinquent for one year, and direct that the 10 percent deducted be allowed for county expense for collecting the taxes. Section 57-22-29 apparently is controlling on this matter. It

OPINION 66-255 November 22, 1966 (OPINION) Mr. Walter Christensen State Treasurer RE: State - Treasurer's Office - Check Cashing Service This is in response to your letter in which you ask for an opinion whether or not the check cashing service is a proper legal service of the state treasurer's office. We have examined the statutory provisions of Chapter 54-11 of the North Dakota Century Code and from such examination we must conclude that there are no provisions which either authorize or require the state treasurer to maintain a check cashing service. Likewise, we find no s

OPINION 66-41 November 17, 1966 (OPINION) Mr. R. J. Bloedau, State's Attorney Hettinger County RE: Counties - Advertisement for Bids - Appropriations Re: County Building This is in reply to your letter of November 14, 1966, in which you set forth the following facts and questions: "The county commissioners have commenced advertising for the construction of a county shed which is expected to cost between twenty-five thousand and thirty-thousand dollars. Since then I

OPINION 66-203 November 17, 1966 (OPINION) Mr. G. J. Simonson, Clerk Cranberry Valley School District No. 28 Fillmore, North Dakota RE: Schools - Tuition - Residence of Student This is in reply to your letter of November 14, 1966, in which you set forth the following facts and questions: We, the school board of Cranberry Valley School Dist. No. 28, would like your advice on the following matter: A boy, 15 years of age, is staying in our district with a family on a farm. His parents reside in Williston and have a night club there. They are both living together and have se

OPINION 65-453 November 5, 1965 (OPINION) Mr. Curtis Olson State Auditor RE: Veterans Aid Commission - Loans This is in reply to your letter of October 29, 1965, in regard to the interpretation of section 27-14-06 and 37-14-07 of the North Dakota Century Code. These sections provide as follows: 37-14-06. COMMISSION MAY PROVIDE AID. If the veterans' aid commission is satisfied that such applicant has served as a member of the armed forces of the United States for an aggregate time of not less than thirty days while the United States was at war, that he is a citizen and re

November 4, 1966 (OPINION) Mr. Thomas W. Pagel Executive Director Governor's Council on Human Resources RE: State - Governor's Council on Human Resources - Appropriation This is in response to your request for an official ruling on the question whether or not the Public Welfare Board has provided the funds to the Governor's Council as set forth in Chapter 328 of the 1965 Session Laws. As is material here, Section 6 of Chapter 328, 1965 Session Laws, provides as follows: "SECTION 6. APPROPRIATION. There is hereby appropriated out of any moneys in the state treasury not other

OPINION 66-18 November 4, 1966 (OPINION) Mr. Gerald G. Glaser Assistant State's Attorney Burleigh County RE: Bonds - Counties - Definition of "County Buildings" This is in reply to your letter of November 2, 1966, relative to a county bond issue. You note the City of Bismarck has requested the Board of County Commissioners to call a special election pursuant to the provisions of section 21-03-10 of the North Dakota Century Code, at which election would be presented the question of whether Burleigh County should issue bonds in an amount not to exceed $900,000.00 for the purpo

OPINION 66-344 November 2, 1966 (OPINION) Mr. Milo W. Hoisveen Secretary & Chief Engineer Water Commission RE: Waters - Obstructions - Liability for Removal This is in response to your letter of October 21, 1966, in which you requested an attorney general's opinion relative to the removal of obstructions from natural watercourses and drainways. Your question is, "May a water management district, situated at the upper end of a watershed, maintain the natural watercourses and drainways of such watershed without incurring liability for any damages suffered by other water manage

OPINION 66-316 November 1, 1966 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Use Tax - Refunds This is in response to your request for an opinion on the question of refunds as a result of the Marthaller case, which held that the use tax on motor vehicles for out of state purchases was at the rate of 2 percent instead of 2 1/4 percent on the purchase price after allowing a deduction for the trade-in. The memorandum opinion is dated October 4, 1966, and is entitled Marthaller v. State of North Dakota. Your specific question is: In instances where a license or c

OPINION 66-24 October 25, 1966 (OPINION) Mr. Leslie O. Ovre Executive Director Public Welfare Board RE: Children - Termination of Parental Rights - Duty of Support Re: Child Welfare This opinion is in answer to your request dated September 30, 1966. You request an opinion on the following questions: 1. Must a parent have North Dakota residence to make use of the Juvenile Court of this State for the voluntary termination of her parental rights? If so, what term or particular qualifications of residence are required? 2. If residence is not a prerequisite to termination

OPINION 66-153 October 17, 1966 (OPINION) Mr. Jacque Stockman Clerk Park District Fargo, ND RE: The Park District of the City of Fargo This is in reference to your letter of October 12, 1966, relative to section 40-49-15 of the North Dakota Century Code. You state the following facts and questions: "The question to which we request your formal opinion is, to what formal conveyancing transactions is the Park District limited in the use of this statute? Must the purchase be only by contract for deed transaction, which is the usual interpretation of this law, or may the Par

OPINION 66-78 October 11, 1966 (OPINION) Honorable Walter Christensen State Treasurer RE: Employment security bureau - Investment of funds - Purchase of b This is in response to your letter in which you state that the Employment Security Bureau of North Dakota is seeking funds with which to finance the purchase of real estate adjacent to some of its Bismarck property. This property will be used for future building expansion. You then ask for an opinion as to whether or not the OASIS funds may be invested in a project of this type. As pointed out in your letter, Section 52-0

OPINION 66-325 October 11, 1966 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Townships - Roads - Liability for Construction This is in reply to your letter of September (October?) 5, 1966, relative to the above subject. You state the following facts and questions: "We have an inquiry from the Burlington Township Board of Burlington, North Dakota, regarding responsibility for a road located in an addition in that township. I am enclosing a plat of the road in the addition which was approved on the 13th of August, 1962, and accepted and approved by the W

OPINION 66-69 October 10, 1966 (OPINION) Rhoda Lee, County Auditor Cass County RE: Elections - Nominations - Form of name on ballot This is in response to your letter in which you state that a certain person was nominated in the primary election. His petition for nomination read. "James O. Whittaker." The name also appeared in that manner on the primary election ballot. Now he wishes to have added to his name the title, "Dr." You also state that an "Aloha Eagles", a candidate for representative of the 21st District, whose name appeared in that manner on the primary el

OPINION 66-217 October 6, 1966 (OPINION) Mr. Ralph Dewing Secretary Auditing Board RE: State - Employees - Payment for Vacation This is in response to your request for an opinion on the following facts: "An employee of a state department resigned his position on August 31, 1966 with an oral agreement with his employer that he would be paid in September, 1966 for earned vacation time not taken during the time of his employment. His former employer has confirmed this fact. His former employer has submitted a payroll voucher for the month of September, 1966 authorizing paym

OPINION 66-48 October 1, 1966 (OPINION) Mr. Lewis Sutton Chairman Cass County Commissioners Fargo, ND RE: Counties - Insurance for Depreciation - Authority This is in response to your letter in which you request an opinion as to whether or not the county can purchase depreciation insurance which is over and above the insurance provided by the State Fire and Tornado Fund through a local agency or an association of agencies. You then set forth what you mean by depreciation insurance and, as you understand it, such insurance covers the difference between the value by the actual

OPINION 66-133 September 30, 1966 (OPINION) Mr. Ralph M. Wood Superintendent Highway Patrol RE: Motor Vehicles - Implements of Husbandry - Equipment This is in reply to your letter of September 28, 1966, informing us that: There has been a question raised relative to a pickup truck classified as a motor vehicle becoming an implement of husbandry. Specifically, the question is when a pickup truck is pulling a trailer loaded with hay bales or any farm product is the entire unit to include the truck an implement of husbandry? We have been studying subsections 22 and 72 of sec

OPINION 65-467 September 28, 1965 (OPINION) Mr. Milo W. Hoisveen Secretary and Chief Engineer Water Commission RE: Waters - Water Commission - Authority This is in response to your letter of September 20, 1965, in which you request an Attorney General's opinion relative to the seemingly apparent conflict of authority and responsibility of the State Engineer, the State Water Commission, and the Garrison Diversion Conservancy District. You quote section 61-02-14(1) g, j, and k, (3), (5) and (7) which sets forth the State Water Commission's basic powers and duties and you also r

OPINION 66-208 September 19, 1966 (OPINION) Mr. Ralph Dewing, Director Accounts and Purchases RE: State - Appropriations - Reductions This is in response to your letter in which you ask for an opinion at the request of the Legislative Audit and Fiscal Review Committee on the question whether or not the Director of Accounts and Purchases may reduce appropriations through the use of an allotment system as set forth in section 54-44.1-12 of the North Dakota Century Code. This section provides as follows: "54-44.1-12. CONTROL OVER RATE OF EXPENDITURES. The director of the budg

OPINION 66-1 September 14, 1966 (OPINION) Mr. John K. Schick Acting Dairy Commissioner RE: Agriculture - Dairy Products - Unfair Discrimination This is in reply to your letter of August 31, 1966, requesting an opinion of this office in regard to the sale of farm milk and finished pasteurized milk and milk products. You give for an example the situation in one city. In that city the "set price" per half gallon of milk in approximately five stores in the same city is 49 cents. One store, privately owned and with no outlets in other cities, cuts this price to 44 cents. You a

OPINION 66-88 September 12, 1966 (OPINION) Mr. Roger D. Schell Assistant State's Attorney Bottineau County RE: Health Districts - Nuisances - Abatement This is in response to your letter in which you recite some of the procedure taken thus far with reference to an alleged health nuisance. You state that a notice by certified mail was served upon the owner, which notice states that the building is to be removed. You then inquire if this service is correct or should personal service have been made on the party. Your question anticipates a summary type removal of the building

OPINION 66-157 September 12, 1966 (OPINION) Mr. Albert A. Wolf State's Attorney Burleigh County RE: Political Parties - Organizational Meetings - Date This is in reply to your request of September 9, 1966, for our opinion with regard to the interpretation of section 16-17-10 of the 1965 Supplement to the North Dakota Century Code. As we understand the question and problem, it is basically as follows: The statutory language "on the third Monday in September following the primary election" is the culprit. Does this mean the third Monday after the September election (Septembe

OPINION 66-233 September 8, 1966 (OPINION) Honorable William L. Guy Governor RE: State - Officers - Report to the Governor This is in reply to your letter of August 30, 1966, relative to section 44-04-08 of the North Dakota Century Code, as amended by the 1965 Legislative Assembly. You note the following facts and ask the following questions: A number of questions have been asked about this 1965 amendment. Presumably the list mentioned would be included in the biennial reports, the next publication of which will cover the two year period ended on June 30, 1966. This bienni

OPINION 66-237 August 30, 1966 (OPINION) Mr. James R. Kittle Director State Park Service RE: State - Park Service - Unemployment Insurance This is in response to your letter in which you state that the North Dakota Park Service desires to obtain unemployment insurance for the staff and construction workers at the Lewis and Clark Job Corps Conservation Center. It is proposed that all Lewis and Clark Job Corps staff members and construction personnel be included in the unemployment insurance program. all of the employees concerned are State employees. You also submit a por

OPINION 66-49 August 22, 1966 (OPINION) Mr. Eugene Kruger State's Attorney Cass County RE: Counties - Office Buildings - Location This opinion is in response to your request dated August 18, 1966. Your letter states that the Cass County Commission is considering the construction of a county office building to be located outside the Cass County Seat, Fargo, North Dakota. This new office building is to house the offices of the county engineer, county nurse, and the county extension agent, but it is not anticipated that any elected official will be located in this building. Y

OPINION 66-308 August 22, 1966 (OPINION) Honorable R. Fay Brown State Representative Bismarck, North Dakota RE: Taxation - Sales Tax - Required Records This is in response to your letter in which you make reference to Title 57 of the North Dakota Century Code. In paragraph no. 1 of your letter you specifically call our attention to section 57-39-08, SALES TAX RECORDS REQUIRED, and section 57-40-08, USE TAX RECORDS REQUIRED. You also observe that prior to the 1963 Legislative Session taxpayers were required to keep records for only a two-year period. Effective July 1, 1963,

OPINION 66-346 August 19, 1966 (OPINION) Mr. Milo W. Hoisveen Engineer-Secretary Water Commission RE: Waters - Water Management Districts - Indebtedness Re: SWC #1133 This is in reply to your letter with regard to the financing of several watershed improvement projects. You inform us that the water management board is actively engaged in bringing several watershed improvement projects to the point of actual construction as soon as they can, with the aim of reducing flood damage to farm lands within the county. You indicate that each of the watershed projects has been petiti

OPINION 66-263 August 19, 1966 (OPINION) Mr. A. C. Bakken State's Attorney Griggs County RE: Taxation - Exemptions - Disabled Veterans This is in reply to your letter with regard to tax exemptions of unremarried widows of deceased veterans. You inform us that the lady's husband was declared totally disabled because of blindness almost thirty years prior to his death last year. His disability was never determined to be service connected. You inform us that this lady and her deceased husband received both real and personal property tax exemptions pursuant to section 57-02-08(

OPINION 66-223 August 19, 1966 (OPINION) Mr. W. Van Heuvlen, Executive Officer State Health Department RE: State - Health Department - Licensing of State Sanatorium as Hos This is in response to your request for an opinion dated August 15, 1966. The question you state is as follows: Does the North Dakota State Health Department have either the responsibility or the right or the authority to issue a license to operate a hospital to the State Board of Administration for the Tuberculosis Sanatorium at San Haven?" You also state that you wish to license the Sanatorium for Medica

OPINION 66-175 August 18, 1966 (OPINION) Mr. Elmer Olson, Secretary Public Service Commission RE: Public Service Commission - Utilities - Imposing of Penalties This is in reply to your request for an opinion as to whether or not the Public Service Commission has authority under chapter 49-07 of the North Dakota Century Code to impose monetary penalties upon utilities which violate either a provision under Title 49 of the North Dakota Century Code, or a Commission rule or regulation. The Public Service Commission is a creature of statute. As a result, if it is to have authorit

OPINION 66-342 August 11, 1966 (OPINION) Mr. Robert Vaaler, Attorney Grand Forks County Drainage District Grand Forks, North Dakota RE: Waters - Drains - Highways This is in response to your letter of August 4, 1966, requesting our opinion relative to the relationship of section 61-21-31 of the North Dakota Century Code and article 56 of the constitution of North Dakota. Briefly, the facts, as contained in your letter, are as follows: The Grand Forks County Board of Drainage Commissioners established Grand Forks County Legal Drain No. 13a pursuant to chapter 61-21 of the No

OPINION 66-143 August 9, 1966 (OPINION) Mr. Ralph M. Wood, Superintendent Highway Patrol RE: Motor Vehicles - Trailers - Equipment This is in reply to your letter of August 5, 1966, relative to section 39-21-32 of the North Dakota Century Code. You state the following facts and question: "A question has been raised on the interpretation of section 39-21-32 of the North Dakota Century Code relative to camp trailers, private trailers, semitrailers or any other trailer used on North Dakota highways. "Specifically, the question is this. Are not all trailers, with reference to

OPINION 66-163 August 1, 1966 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Public Contracts - Advertisement for Bids This in response to your letter in which you state the following: "The heating system in the basement of the Wells County Courthouse which is used to heat the Sheriff's Office, hall, jail and sheriff's residence was not working in a satisfactory manner. "The Board of County Commissioners discussed the matter of installing a separate and new heating unit with thermostats, radiators and baseboard heating with a plumber from Maddock, North Dak

OPINION 66-126 July 27, 1966 (OPINION) Mr. Conrad J. Ziegler State's Attorney Pierce County RE: Libraries - County Service - Petition This is in reply to your letter requesting an interpretation of section 40-38-02 of the North Dakota Century Code, as amended by chapter 353 of the 1965 Session Laws. This statute now provides: "LIBRARY FUND - LEVY - COLLECTION - KEPT SEPARATE. - For the purpose of establishing and maintaining public library service, the governing body of a municipality or county authorizing the same shall establish a library fund by annually levying and causi

OPINION 66-45 July 25, 1966 (OPINION) Mr. Calvin N. Rolfson Assistant State's Attorney Pembina County RE: Counties - County Justice - Qualifications This is in response to your letter in which you request an opinion as pertaining to the office of county justice under the following facts: May one who is not a licensed attorney of the State of North Dakota circulate petitions and file for the office of county justice, pursuant to Chapter 27-18 of the North Dakota Century Code? May one who has been duly appointed to the office of county justice, but who is not a licensed attorne

OPINION 66-22 July 20, 1966 (OPINION) Mr. Albert A. Wolf, State's Attorney Burleigh County RE: Charitable Organizations - Solicitation - License This is in reply to your request for an opinion with regard to the applicability of Chapter 50-22 of the 1965 Supplement to the North Dakota Century Code to certain described activities. The first example you give relates to a business establishment that according to its advertising (copies of which you submit) has been in the business of selling fireworks for a number of years. The current advertisement states that "10 percent of al

OPINION 66-248 July 19, 1966 (OPINION) General James O. Guthrie, Chairman Employees Retirement Board RE: State - Retirement System - Contribution Re: Section 54-52-06, of the North Dakota Century Code, agency contribution to state employee retirement plan This office has been questioned by a number of state agencies concerning the proper limitation insofar as the agency contribution is concerned for the remaining portion of calendar year 1966. It is possible of course to construe section 54-52-06 of the North Dakota Century Code when applying the limitation to the period less