North Dakota Attorney General Opinions

OPINION 66-63 March 1, 1966 (OPINION) The Honorable Charles Tighe Lieutenant Governor RE: Cooperatives - Grazing Association - Ownership of Real Property This is in response to your request for an opinion on the following question: "May a nonprofit cooperative grazing association organized and operated under the general law governing cooperatives and chapter 36-08 of the North Dakota Century Code, own real and personal property?" In our earlier opinion to you dated February 16, 1966, we said, amongst other things, that grazing associations would be governed by the provisions

OPINION 66-508 February 28, 1966 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Workmen's Compensation - Townships - Officials This is reply to your letter dated February 17, 1966, wherein you informed us that you have received an inquiry from Spring Lake Township, Douglas, North Dakota, concerning a change in section 65-01-02 of the North Dakota Century Code. The question is whether section 65-01-02, subsection 5, paragraph a, subparagraph 1 requires the township to provide workmen's compensation insurance for all elected and appointed officials in the tow

OPINION 66-378 February 21, 1966 (OPINION) The Honorable Walter Christensen State Treasurer RE: Taxation - Motor Vehicle Use Tax - Distribution This is in reply to your request for a construction and interpretation of section 39-04-39.1 as enacted by Chapter 438 of the 1965 Session Laws pertaining to the distribution of the use tax deposited in the motor vehicle registration fund. This section provides as follows: DISTRIBUTION TO LOCAL HIGHWAY FUNDS. Prior to any disbursement out of the motor vehicle registration fund, under subsections 1 and 2 of section 39-04-39, a sum e

OPINION 66-271 February 21, 1966 (OPINION) Mr. O. Ray Warner Area Program Director Division of Plans and Supplementary Centers Department of Health, Education and Welfare RE: Schools - Laboratory Schools - Status Pursuant to a recent telephone conversation, and in reply to your letter of February 11, 1966, the following is submitted in regard to the "Laboratory School" in Minot, North Dakota. You inform us that: The Minot State Laboratory School, located in Minot, North Dakota, has submitted to the U. S. Office of Education a proposed project to be funded under Title III of t

OPINION 66-142 February 18, 1966 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Labor - Right-to-Work Law - Agency Shop Your letter dated January 18, 1966, provides as follows: In an official opinion of the Attorney General, dated August 14, 1959, addressed to Mr. H. R. Martinson, Deputy (Labor) Commissioner, it was held that the right-to-work law does not prohibit agency shop clauses in labor-management contracts which require non-members to contribute toward actual cost of representation. I am, at the present time, negotiating a memorandum of working rules and regu

OPINION 66-181 February 17, 1966 (OPINION) Colonel Ralph M. Wood Superintendent Highway Patrol RE: Motor Vehicles - Equipment - Flashing Lights This is in reply to your request for an official interpretation and opinion as to whether subsection 3 of section 39-21-26 of the North Dakota Century Code permits the use of a flashing amber light on a stalled motor vehicle or a slow moving farm vehicle, which is not classified as an emergency vehicle. You enclose a sample of such a light to aid in making this determination. The light enclosed is denominated on the package as an "As

OPINION 66-60 February 16, 1966 (OPINION) The Honorable Charles Tighe Lieutenant Governor RE: Cooperatives - Grazing Association - Corporate Farming This is in response to your letter in which you ask for an opinion on the following questions: 1. Is a cooperative grazing association organized pursuant to chapter 36-08 of the North Dakota Century Code and which has seventy-five percent of its members or stockholders as actual farmers residing on farms or depending principally on farming for their livelihood, exempt from the provisions of chapter 10-06 of the North Dakota Cent

OPINION 66-227 February 11, 1966 (OPINION) Mr. Albert A. Wolf State's Attorney Burleigh County RE: Printing - Election Ballot - Cost This is in response to your request for an opinion as to the printing charges for publishing the sample ballot preceding elections. You advise that the rate charged varies from county to county. You also submit for our examination copies of the printed ballots and publications of the sample ballots as they appeared in the various official newspapers. The form of the election ballot is prescribed in section 16-11-04 of the North Dakota Centur

OPINION 66-150 February 11, 1966 (OPINION) Mrs. Freda Hatten Acting Director Library Commission RE: Libraries - Board of Directors - Term This office acknowledges receipt of your letter of February 8, 1966, with reference to Section 40-38-03 as amended by the 1965 Legislature. The particular amendment involved reads as follows: No member of such board shall serve for more than two consecutive terms, after which an interval of one year must elapse before the same member may be reappointed." The effective date of the amendment was July 1, 1965. In your letter you state that "

OPINION 66-239 February 9, 1966 (OPINION) Mr. Wallace E. Warner Securities Commissioner RE: Securities - Exemption - Interpretation This is in response to your request for an official opinion clarifying the language found in section 10-04-05(2) of the North Dakota Century Code, as amended. This subsection is under the general heading, "EXEMPT SECURITIES", and provides as follows: * * * * Sections 10-04-04, 10-04-07, 10-04-07.1 and 10-04-08 shall not apply to any of the following securities: * * * * 2. Securities issued by a national bank or a national bank and trust compa

OPINION 66-359 February 8, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Farm Residence - Exemption This is in reply to your request for an opinion of this office in regard to the tax-exempt or non-tax-exempt status of property as farm residence, with particular regard to the new statutory provision contained in section 57-02-01, subsection 10, of the 1965 Supplement to the North Dakota Century Code. You inform us that the questions you present are general in that they are not intended to identify any particular farm residence or owner or occupant of a farm r

OPINION 66-416 February 4, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Credits and Refunds We have received your letter of February 2, 1966, in which you requested our opinion on two questions relating to credits or refunds for use taxes paid by retailers who made clerical errors or mistakes on use tax returns filed by them with your office. Your questions are quoted below as they appear in your letter: 1. Can a refund or credit for use taxes be granted under the above circumstances pursuant to section 57-40-16 of the North Dakota Century Code,

OPINION 66-327 February 4, 1966 (OPINION) Mr. Walter Hjelle Highway Commissioner RE: State - Public Moneys - Highway Funds Recently you asked this office for an opinion relative to the following question: "Are the provisions of section 54-27-15.1, supra, and its companion statutes, valid as to highway department moneys, in view of the provisions of Article 56 of the Constitution?" Article 56 of the North Dakota Constitution was enacted by initiative petition and approved by the voters on June 25, 1940. The gist of the provision remains the same today, with the exception tha

OPINION 66-177 February 4, 1966 (OPINION) Brig. Gen. LaClair A. Melhouse Adjutant General RE: Military Service - State Employees - Leave This is in response to your letter in which you state that some uncertainty exists among several governmental agencies in regard to the meaning of section 37-01-25 of the North Dakota Century Code. You then submit the following questions and ask for our opinion thereon: 1. Would a departmental leave policy limiting military leave to 14 days for a person otherwise qualified to receive military leave under section 37-01-25 be invalid and con

OPINION 66-299 February 3, 1966 (OPINION) Mr. James O. Fine, Chairman Board of Administration RE: State - Conveyance of Real Estate - Reservation This is in reply to your letter dated January 27, 1966, in regard to the above. You enclose a copy of a letter received from Mr. F. J. Smith in regard to the "reservation" of minerals which were contained in the documents executed for the above described real estate. You ask that we advise you as to whether or not corrective documents could be made which would not contain any reservaiton of minerals as indicated in Mr. Smith's let

OPINION 66-385 February 2, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Municipal Industrial Development - Assessment and Exemption This is in reply to your letter of January 26, 1966, relative to the tax exemption provisions of section 40-57-17 of the North Dakota Century Code, a section of the Municipal Industrial Development Act. You refer to our opinion of November 29, 1965, and note that since that opinion further questions have arisen. You ask the following questions: 1. Under present law (section 57-02-11, N.D.C.C.) for the assessment and taxat

OPINION 66-464 January 27, 1966 (OPINION) Mr. Vernon S. Cooper Secretary - Treasurer Garrison Diversion Conservancy District RE: Waters - Irrigation District - Procedure on Election for Contract Approval This is in response to your letter in which you ask for an opinion as to the procedure that should be followed in conducting the canvass of the election returns on elections pertaining to the approval or disapproval of repayment contracts between the irrigation districts and the United States. You state that you are interested particularly in the time that such canvass must

OPINION 66-462 January 27, 1966 (OPINION) Mr. Milo Hoisveen State Engineer RE: Waters - Irrigation District - Notice of Hearing for Establishment This is in reply to your letter of January 26, 1966, in which you set forth the following facts and questions; On January 3, 1966 a group of landowners filed a petition with the State Engineer to establish an irrigation district in Wells County near Harvey. On January 13 and 20. 1966 a Notice of Hearing was published in the Harvey Herald, Harvey, North Dakota, which noted the time, place, and date of a hearing on the petition. The

OPINION 66-473 January 26, 1966 (OPINION) Mr. Gordon Berg Chairman Sweetwater-Dry Lake Water Management District Devils Lake, North Dakota RE: Waters - Water Management District - Compensation of Owners of Riparian Land Mr. F.E. Foughty, Secretary of the Sweetwater-Dry Lake Water Management District, has requested this office to issue an opinion to you based upon the following facts contained in Mr. Foughty's letter of January 22, 1966: Sweetwater Lake is a complex of small lakes located north of Devils Lake. A number of coulees flow into Sweetwater Lake, draining an area

OPINION 66-434 January 26, 1966 (OPINION) Mr. Jack D. Paul, Executive Secretary North Dakota Trade Commission RE: Trade Commission - Retail Outlets - License This is in reply to your letter dated January 18, 1966, wherein you made reference to an opinion given to the North Dakota Trade Commission on November 5, 1965, and asked for further clarification of chapter 51-10 of the North Dakota Century Code. With your letter you enclosed three letters received by the Trade Commission. All of these letters concerned the question of whether a company that has retail outlets, etc., th

OPINION 66-478 January 19, 1966 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission RE: Weather Modification - Unorganized Townships - Expenditures This is in reply to your letter of January 11, 1966, requesting our opinion relating to Weather Modification Laws. You call to our attention the provision of section 58-03-07 of the North Dakota Century Code and the addition of section 19 thereto in the 1965 Supplement to the North Dakota Century Code so that insofar as here applicable same provides: POWERS OF ELECTORS. The electors of each township have the power at t

OPINION 66-390 January 18, 1966 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Per Capita School Tax - National Guard Exempt This is in answer to your letter of January 11, 1966, in which you requested my opinion on the question of whether members of the North Dakota National Guard are exempt from payment of the one dollar per capita school tax that is imposed pursuant to section 57-15-23 of the North Dakota Century Code. In addition to our own research in the matter, we have considered the various materials and information which you furnished showing the legislati

OPINION 66-134 January 17, 1966 (OPINION) Mr. George M. Thompson, Investment Director The Bank of North Dakota RE: Investment Board - Investment of Funds - Equipment Trust Certifi This is in response to your letter in which you make reference to a pamphlet prepared by Salomon Brothers & Hutzler on "Equipment Trust Certificates." You then ask for an opinion whether or not the "Equipment Trust Certificates" described therein come within the provisions of Section 21-10-07 of the North Dakota Century Code, as enacted by Chapter 205 of the 1963 Session Laws. The specific statutory

OPINION 66-30 January 14, 1966 (OPINION) Mr. Howard J. Snortland Department of Public Instruction RE: Bonds - Custody - Bond Register This is in reply to your letter of January 11, 1966, relative to Sections 21-03-22 and 21-03-40 of the North Dakota Century Code, as amended. In your letter you quote two questions which have been presented by one of the county superintendents of schools. The questions are as follows: "In our county we have two school districts that have a population of one thousand or more but not over fur thousand, to whom shall the bonds be delivered to m

OPINION 66-345 (Jan 12) January 12, 1966 (OPINION) Mr. Neil Thompson State's Attorney Ramsey County RE: Taxes - Delinquent Special Assessments - Sale This is in response to to your request for a formal opinion on the following facts: Real estate which is located in Devils Lake, North Dakota, had been subject to special assessments which were not paid. The property was brought up for sale under the appropriate provisions of law, Title No. 57. At the time the property was up for sale no bids were received from anyone on the specific property. You inquire whether or not th

OPINION 66-237 January 12, 1966 (OPINION) Mr. Calvin A. Calton Divide County State's Attorney RE: Public Welfare - Estates - Preferred Claim This is in reply to your letter of January 6, 1966, in regard to the interpretation of sections 50-24-33 and 30-18-18 of the 1965 Supplement to the North Dakota Century Code. You state that you question: Where an individual has received assistance to the aged and a funeral bill of more than $250.00 and expense of last illness of recipient were not authorized or paid by the county agency, may the estate properly pay such funeral expenses

OPINION 66-16 January 12, 1966 (OPINION) Honorable Ben Meier Secretary of State RE: Architects - Incorporation - Directors and officers This is in response to your request for an opinion pertaining to Chapter 10-31, as amended by Chapter 106 of the 1963 Session Laws. Your specific questions are as follows: "Must architects be incorporated under the Professional Corporation Act or may they be incorporated under the Business Corporation Act? "Providing architects must be incorporated under the Professional Corporation Act, must all incorporators be licensed architects? Also,

OPINION 65-440 December 30, 1965 (OPINION) Mr. Ray A. Walton State's Attorney Williams County RE: Townships - Recreation Systems - Authority This is in reply to your letter inquiring whether a township can expend township tax moneys for cooperation with a municipal (village) recreation system. You call our specific attention to chapter 53-07 of the 1965 Supplement to the North Dakota Century Code in this regard. We note further that subsection 2 of section 40-55-01 of the North Dakota Century Code provides: 2. The term 'municipality' as used in this chapter refers to and

OPINION 65-470 December 20, 1965 (OPINION) Mr. Harold O. Bullis State's Attorney Richland County RE: Waters - Water Management District - Bridges This is in response to your request for an opinion of this office with regard to the proper interpretation of section 61-16-47 of the 1965 Supplement to the North Dakota Century Code. That section provides: CONSTRUCTION OF BRIDGES AND CULVERTS - COSTS. The board of commissioners shall construct such bridges or culverts over or in connection with a drain as in its judgment may be necessary to furnish passage from one part to anothe

OPINION 65-335 December 17, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Abatement and Refund Application - Filing This is in reply to your request of an opinion on the following questions: 1. When a property taxpayer pays a property tax to the county treasurer on locally assessed property and then applies for an abatement and refund of the taxes on any of the grounds specified in section 57-23-04, does the board of county commissioners have authority to act upon the application if it was not filed with the county auditor pursuant to section 57-23-05 unti

OPINION 65-77 December 14, 1965(OPINION) Mr. M.C. Hiaasen State's Attorney Benson County RE: Counties - Office Space - Lease This is in reply to your letter of December 7, 1965, in regard to the matter of rental of county office space, telephone conversation with the attorney general, and general discussions as of date December 9, 1965, with Mr. Adams of this office. You inform us that the project to which your question relates consists of the city's deeding its memorial hall to a private corporation, which private corporation will remodel said building, and which p

OPINION 65-1 December 11, 1965 (OPINION) Mr. John E. Schick Dairy Commissioner RE: Agriculture - Dairy bonds - Persons Covered This is in reply to your letter dated December 9, 1965, wherein you referred us to section 4-30-03 of the North Dakota Century Code, as amended, which provides for the bonding of purchasers of dairy products. With reference to the above mentioned section you asked the following question: "Specifically, who does the bond protect; only 'dairy producers' or all persons who sell milk or cream to a licensed milk or cream purchaser? Thus, could one who i

OPINION 65-399 December 10, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Real Property Assessment - Legal Description This is in reply to your letter of December 8, 1965, in which you state that there is rather wide spread interest on the part of county auditors and apparently also on the part of private lending agencies in the question of whether the laws of this state require the county auditor, when he makes up the real estate assessment list for property tax purposes, to make that list in accordance with the various legal descriptions of ownership of real

OPINION 65-319 December 9, 1965 (OPINION) Mr. James R. Kittle Director North Dakota Park Service RE: State Parks - Authority to Contract - Job Corps This is in reply to your letter of December 7, 1965, in regard to a Job Corps contract. You inform us that the Office of Economic Opportunity, Washington, D.C., has presented the State of North Dakota with a contract for a Job Corps Conservation Center to be located at Fort Lincoln, Bismarck, North Dakota. The Job Corps Conservation Center is to be sponsored, managed, and operated by the North Dakota Park Service. You ask our o

OPINION 65-64 November 29, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Cooperatives - Use of Term Incorporated This is in reply to your letter of November 22, 1965, in which you ask the following question: "May a cooperative association, organized under the provisions of chapter 10-15, North Dakota Century Code, use the word 'incorporated' or 'corporation' as a part of its name? "For instance, would the name 'Main Street Improvement Company, Incorporated' be an acceptable name for a cooperative association?" We note that section 10-15-01 of the North Dakota

OPINION 65-381 November 29, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Municipal Industrial Development - Exemption This is in reply to your letter of November 5, 1965, requesting an opinion of this office in regard to the application of section 40-57-17 of the 1965 Supplement to the North Dakota Century Code. Said statute provides as follows: 40-57-17. Exemptions from taxation. The leasehold granted by a municipality under this chapter is hereby classified as personal property and such leasehold and all other personal property used by the lessee in co

OPINION 65-112 November 18, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Federal Aid - Authority of Commissioner Receipt is herewith acknowledged of your request for an official opinion as to your authority and responsibility to take such steps as are necessary to continue North Dakota's eligibility for federal aid, without penalty, in view of the new requirements imposed by Congress under the Highway Beautification Act of 1965. Section 24-04-01 of the North Dakota Century Code, provides in part that: "The Commissioner is authorized and empowered to

OPINION 65-214 November 9, 1965 (OPINION) Mr. Vernon S. Cooper Secretary-Treasurer Garrison Diversion Conservancy District RE: Officers - Garrison Conservancy District - Expenses This is in response to your letter in which you ask for an opinion on the following question: "Do the provisions of Chapter 304, 1965 Session Laws of the state of North Dakota and the procedures set forth therein, apply to the expense claims of directors of irrigation districts established under the laws of the state of North Dakota, Chapter 61-05 of the North Dakota Century Code?" Chapter 304 of the 1965 S

OPINION 65-426 November 5, 1965 (OPINION) Mr. Jack D. Paul Executive Secretary North Dakota Trade Commission RE: Trade Commission - Powers - License This is in reply to your letter dated October 28, 1965, wherein you requested an opinion from this office regarding the North Dakota Trade Commission created pursuant to House Bill No. 800, chapter 330 of the North Dakota Century Code, as amended). Your questions read as follows: First, this office requests an opinion regarding the commission's power to promulgate and adopt rules and regulations of procedure in administering th

OPINION 65-54 November 4, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Contractor - License - Oil Well Driller This is in reply to your letter dated October 28, 1965, which reads as follows: I respectfully request your opinion whether or not a person, co-partnership, corporation or association operating a business to drill oil and/or gas wells where the cost of the material and labor exceed $500.00 comes within the definition of a contractor as set forth in Chapter 43-07 of the N.D.C.C. and should secure a Contractor's License as provided in Chapter 43-07."

OPINION 65-250 October 27, 1965 (OPINION) Mr. J. O. Thorson State's Attorney Sheridan County RE: Schools - Building Fund - Custodian This is in reply to your letter of October 22, 1965, in which you ask if the county treasurer is required to disburse the building fund tax to the school districts having a population of one thousand or more as well as the sinking funds of such district. As you note in your letter, section 21-03-40 of the North Dakota Century Code was amended by the 1965 Legislative Assembly to provide that in the case of any municipality having a population of m

OPINION 65-406 October 26, 1965 (OPINION) Mr. Eugene K. Anthony, State's Attorney McKenzie County RE: Taxation - Special Assessments - Prorated This is in reply to your letter dated October 11, 1965, which was accompanied by a letter which your office received from Miss Lucille McMahen, Treasurer of McKenzie County, Watford City, North Dakota, dated September 23, 1965. Miss McMahen stated in her letter that she was Secretary of the North Dakota County Treasurers' Association and during a recent meeting of that association serveral questions arose pertaining to laws passed by

OPINION 65-1 October 23, 1965 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission RE: Aeronautics - Commission - Awards This is in reply to your letter of 20 October 1965 in regard to representation of your commission at a two-week aviation maintenance training course at the Federal Aviation Agency Aeronautical Academy at Oklahoma City, Oklahoma. You inform us in essence that your commission voted to participate in the cost of awarding an annual State Aviation Mechanic Award in cooperation with the Federal Aviation Agency for the selection of the best aviation safet

OPINION 65-455 October 22, 1965 (OPINION) Mr. Kenneth E. Raschke, Commissioner Higher Education RE: Veterans - Free Tuition of Children - Scholarship Necessary This is in reply to your letter of October 13, 1965, in which you make inquiry relative to the interpretation of section 37-20-01 of the North Dakota Century Code. You note this section provides for scholarship payments to deceased veterans' children. You further note these scholarships have not been granted for many years because no funds have been available for this purpose, nor are any funds presently available for

OPINION 65-102 October 22, 1965 (OPINION) Mr. James O. Fine Chairman Board of Administration RE: Grafton State School - Expense of Care - Billing This is in reply to your request for an opinion of this office in regard to billing of responsible relatives with reference to costs of care and treatment of patients at the Grafton state school. You first ask how often should a responsible relative be billed the costs accruing against his estate for the care and treatment of a patient at the Grafton state school. For an example, you state that if the Grafton state school does not

OPINION 65-21 October 18, 1965 (OPINION) Mr. Eugene A. Kruger State's Attorney, Cass County RE: Bankruptcy - Filing of Orders - Register of Deeds This is in reply to your letter of October 13, 1965, in regard to bankruptcy proceedings pending in this state, particularly with regard to recording of the certified copy of the order approving the trustee's bond and of a certified copy of the petition with the schedules omitted and similar materials under Sections 47 (c) and 21 (g) of the Bankruptcy Act. These sections as currently stated in USCA are as follows: 11 USCA Section 7

OPINION 65-119 October 18, 1965 (OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Indians - Mentally Ill - Authority to Commit This is in response to your letter in which you make reference to an opinion issued by this office on June 22, 1954, and a conference held at Washington, D.C., on September 24, 1965 between the Department of Interior, the Department of Health, Education and Welfare, and this office, which you also attended. You further state that it is your understanding that, as a result of said conference, the opinion referred to would be modified, rev