North Dakota Attorney General Opinions

OPINION 65-43 October 5, 1965 (OPINION) Mr. Roy A. Neste City Attorney Park River, North Dakota RE: Cities and Villages - Public Buildings - Lease This is in response to your letter in which you ask for an opinion on the legality of the following proposal: A Curling Club, a private corporation, plans to construct a building on its own lots and after completion of same, it intends to sell it to the city at a price of $25,000.00. The value of the building is approximately $75,000.00. The corporation would retain the use of the building for winter months only. The city cou

OPINION 65-128 September 30, 1965 (OPINION) Mr. K. O. Nygaard Insurance Commissioner RE: Insurance - Certificate of Authority - Fidelity and Surety Bonds This is in response to your letter in which you make reference to a letter written to Mr. A. J. Jensen, dated May 9, 1962, and to Chapter 6-05 and then ask what discretion does the commissioner of insurance have in granting or refusing a certificate of authority to do business under the following facts: The American Trust and Deposit, Inc., a domestic corporation organized under the provisions of Chapter 6-05, has now applied

OPINION 65-106 September 29, 1965 (OPINION) Mr. James O. Fine Chairman Board of Administration RE: Grafton State School - San Haven - Same This is in reply to your letter of September 20, 1965, in regard to whether or not the Mentally Retarded Unit at the hospital at San Haven is considered as part of the Grafton State School. Generally speaking, of course, they are physically, geographically, and in other ways separate facilities. In a strictly legal context and, of course, to a limited extent depending upon surrounding circumstances, as further considered herein, a differe

OPINION 65-413 (Sep 23) September 23, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Amount Remitted This is in response to your request for an opinion "as to whether a retailer is required to remit use tax on the entire gross receipts derived by him from sales made in and for use in this state, including the remission of use tax on the gross receipts derived by retailers from sales below twenty cents." In the opinion of June 26, 1965, addressed to you we stated that the bracket system is to be employed in the administration of the use tax. It is al

OPINION 65-34 September 16, 1965 (OPINION) Mr. George T. Dynes City Attorney Dickinson, North Dakota RE: Cities and Villages - Lease of Golf Course - Expenditures of Public Funds This is in reply to your letter requesting an opinion of this office with regard to the legality of payment of certain funds by your city towards the maintenance and operation of a golf course. The city apparently owns the nine hold golf course on which is situated appropriate club house, pro shop, etc. The city leases same to an incorporated country club which is a private nonprofit corporation.

OPINION 65-338 September 15, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Assessments - Reassessments This is in response to your request for an opinion on the following questions: QUESTION NO. 1. When the tax commissioner orders a reassessment, does he also appoint the special assessor or must the special assessor be appointed by the board of county commissioners? QUESTION NO. 2. Must the special assessor provided for in subsection 2 of section 57-14-08 be a resident of the township, city, village or other assessment district for which a reassessment

OPINION 65-164 September 15, 1965 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Mentally ill - Expense of care and treatment - Claims You have asked two questions and requested our opinion in connection with said questions. Your first question deals with whether or not the State Board of Administration, or the State Department of Health has the power to compromise and discharge claims of a county which has contributed towards the care of a person, who is, or has been institutionalized at the Jamestown State Hospital. Your second question is, that if the Sta

OPINION 65-218 September 14, 1965 (OPINION) Mr. Martin N. Gronvold Executive Director Old Age & Survivor Insurance System RE: Old Age and Survivors Insurance - State Employees Retirement Pla Exception This is in reply to the letter of September 7, 1965, relative to contributions to the Old Age and Survivor Insurance System. You note that since July 1, 1957, you have collected contributions from the State departments, political subdivisions and all their departments and instrumentalities. You state you did so by considering the action of the Legislative Assembly of 1957 which

OPINION 65-246 September 9, 1965 (OPINION) Mr. E. J. Rose State's Attorney Sioux County RE: Schools - Attendance Out-of-State - Reciprocity This is in reply to your letter of August 30, 1965, relative to the above-captioned statute. You state the following questions: We would like to have your office give us an official opinion as to how to interpret three separate words in the closing sentence of said section. the section ends as follows: 'Be it further provided that students from areas historically attending school in a bordering state and residing in a district annex

OPINION 65-317 September 8, 1965 (OPINION) Mr. James R. Kittle Director North Dakota Park Service RE: State Park Service - Appropriations - Revenues This is in response to your request for an opinion on section 55-08-07(3), as amended by Chapter 359 of the 1965 Session Laws. Your specific question is may state park fund moneys be disbursed to reimburse expenditures made for park purposes on the following items if the requirements of section 57-08-07(1) have been fully met: 1. Salaries and wages; 2. Fees and services; 3. Supplies and materials; and 4. Equipment. The

OPINION 65-425 September 3, 1965 (OPINION) Mr. J. W. Moore, President North Dakota Trade Commission RE: Trade Commission - Appropriation - Loan This is in response to your letter in which you ask for an opinion on the following question, "* * * is it possible for this new Commission to get a temporary loan or financing from the State Emergency Commission or a similar State Agency until the results come in from our licensing campaign?" You also ask if this is not possible, would you be permitted to make a loan from a local lending agency, which loan is to be repaid with intere

OPINION 65-180 September 3, 1965 (OPINION) Mr. Weldon Haugen Motor Vehicle Registrar RE: Motor Vehicle Department - Appropriations This is in reply to your letter requesting an opinion of this office in regard to payment of the sum of $552.26 which you denominate a "membership fee" from funds of your department to the "Vehicle Equipment Safety Commission", as set up by chapter 39-23 of the 1965 Supplement to the North Dakota Century Code. We note that the current appropriation for your department, chapter 12 of the 1965 Session Laws, basically provides an appropriation of $1,2

OPINION 65-273 August 26, 1965 (OPINION) Mr. M. F. Peterson Superintendent Public Instruction RE: Schools - Nonresident Students - Tuition This is in reply to your letter of August 18, 1965, relative to Sections 15-29-08 (3, 14), 15-40-17, 15-40-17.1 and 15-40-26 of the North Dakota Century Code, as amended by the 1965 Legislative Assembly (Chapter 146, 1965 Session Laws). These laws pertain in part to the admission of nonresident students and permit the parents to pay the tuition so their students may attend a public school outside of the district of residence. You ask th

OPINION 65-307 August 24, 1965 (OPINION) General James Guthrie Chairman State Employee Retirement Board RE: State - Employees Retirement System - Employees of Your request for an opinion in behalf of the State Retirement Board is herewith acknowledged. The State Employee Retirement Board was created by the Legislature, not merely authorized to be organized as are corporations and associations. When the Legislature created this board, it became a public body or agency as the Constitution prohibits the Legislature from enacting special laws for the purpose of organizing a priv

OPINION 65-27 August 24, 1965 (OPINION) Mr. Eugene Rich State Examiner RE: Banks - State Banking Board - Insurance This is in response to your letter in which you advise that the State Banking Board granted authority to the Pioneer State Bank of Towner, North Dakota, to open a paying and receiving station at Willow City, North Dakota, provided that the bank will obtain F.D.I.C. insurance for the accounts accepted at the station. The bank itself is not insured. You also call our attention to Chapter 85 of the 1965 session laws, which amends Section 6-02-03 of the North Dakota

OPINION 65-151 August 19, 1965 (OPINION) Mr. Eugene A. Kruger State's Attorney Cass County RE: Libraries - County Library Service - Petitions This is in reply to your letter of August 12, 1965, in regard to the length of time county library petitions and signatures will be valid. You inform us that the Board decided not to establish the County Library Service now. You indicate that several citizens want to bring the matter up again and that several citizens wish to withdraw signatures and petitions. Also, you inform us that you would appreciate our opinion as to the length

OPINION 65-81 August 18, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Counties - Park Board and Highway Department - Funds This is in reply to your request for our opinion in regard to establishing a joint county park board and a county highway department. The county park board of your county, of course, is legally established pursuant to statutory authority (chapter 11-28 of the North Dakota Century Code). Likewise, authority for supervision of county highways is provided by chapter 24-05 of the North Dakota Century Code. While we see no reaso

OPINION 65-144 August 16, 1965 (OPINION) The Honorable William L. Guy Governor RE: Legislature - Reapportionment - Status of Legislature This is in response to your letter in which you take note of the recent decision of the Federal Court comprised of three judges which ruled that House Bill No. 566, as passed by the 39th Legislative Assembly, was unconstitutional and reapportioned the State with a plan closely resembling that which was submitted to the Legislature by the Legislative Research Committee. You then ask for an opinion on the following questions: 1. Does the te

OPINION 65-111 August 11, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Employees - Expenses Pursuant to your request, we have re-examined the official Attorney General's opinion dated October 8, 1957, addressed to Commissioner Wentz and the provisions of section 24-02-07 of the North Dakota Century Code and section 44-08-04 of the North Dakota Century Code, 1965 Supplement. We conclude that neither the provisions of section 24-02-07 of the North Dakota Century Code nor the opinion dated October 8, 1957 were superseded by the enactment of House Bill N

OPINION 65-423 August 10, 1965 (OPINION) Mrs. Clara D. Brown Executive Secretary Teachers Insurance and Retirement Fund RE: Teachers Insurance and Retirement Fund - Annuities - Minimum This is in reply to your recent letter relative to section 15-39-28.1 of the North Dakota Century Code, as amended by Senate Bill 298 enacted by the 1965 Legislative Assembly. You are particularly interested in the application of this section to teachers receiving annuities as of the effective date of the amendment, July 1, 1965. You ask if such teachers are entitled to the minimum of $60.00 p

OPINION 65-32 August 2, 1965 (OPINION) Mr. M. F. Peterson, Superintendent Public Instruction RE: Bonds - Sinking and Interest Funds - Custodian This is in reply to a letter dated July 29, 1965, written by Mr. H. J. Snortland, Director of Finance and Statistics of the Department of Public Instruction. Mr. Snortland requests the opinion of this office relative to Section 21-03-40 of the North Dakota Century Code, as amended by the 1965 Legislature. Mr. Snortland's letter reads in part as follows: "Senate Bill 133 amended Section 21-03-40 of the North Dakota Century Code and

OPINION 65-56 July 30, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Cooperative Associations - Increase in Capital Stock This is in reply to your letter of July 23, 1965 relative to Section 138 of the North Dakota Constitution. You ask whether Section 138 of the North Dakota Constitution applies to cooperative associations. Section 138 of the North Dakota Constitution provides: "No corporation shall issue stock or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. T

OPINION 65-154 July 28, 1965 (OPINION) Mr. T. L. Degnan, Member Medical Center Advisory Council Grand Forks, North Dakota RE: Medical Center - Advisory Council - Composition of Board This is in reply to your letter of July 23, 1965, relative to section 15-52-03 of the North Dakota Century Code as amended by the 1965 Legislative Assembly. You state you are a member of the Medical Center Advisory Council and the Council has presented the following questions: 1. Is our board presently properly constituted, or do all members have to be reappointed and redesignated again? 2.

OPINION 65-10 July 27, 1965 (OPINION) Mr. Ralph Dewing, Director Department of Accounts and Purchases RE: Appropriations - Girl scout round-up commission - Expenditures This is in reply to your letter of July 23, 1965, in regard to a voucher payable to Paul A. Ewald for services to the Girl Scout Round-Up Commission. You call our attention to the fact that the appropriation for the Girl Scout Round-Up Commission was made by the 1963 Legislative Session and will be cancelled after July 30, 1965. You inform us that the voucher had receipts for expenditures made by Mr. Ewald in

OPINION 65-347 July 24, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Estate Tax - Distribution to Municipalities This is in reply to your request for the opinion of this office in regard to the proper construction to be placed on the provisions of House Bill No. 701, chapter 412 of the 1965 Session Laws, currently section 57-37-24 of the 1965 Supplement to the North Dakota Century Code. Your first question is stated as follows: "Does the distribution of part of the estate tax to a city or village under chapter 412 (HB 701) apply only with respect to estates

OPINION 65-98 July 16, 1965 (OPINION) Mr. Russell W. Stuart Commissioner Game and Fish Department RE: Game and Fish - Boat Races - Regulations This is in reply to your request for an opinion of this office in regard to the interpretation of section 61-27-10 of the North Dakota Century Code, particularly with regard to the holding of regattas, races, marine parades, tournaments or exhibitions on waters of North Dakota. It appears that the specific factual situation that prompts this inquiry is with regard to a particular event which is proposed to be held on Garrison Reservoi

OPINION 65-7 July 13, 1965 (OPINION) Mr. Walter Christensen State Treasurer RE: Alcoholic beverages - Import - Taxation This is in response to your letter in which you request an opinion on the amendment to Section 5-03-06 enacted by the 1965 Legislature through H.B. No. 769. You specifically ask, " * * * is it now within the law for an individual traveling abroad to purchase and subsequently have brought into North Dakota one wine gallon tax-free liquor with luggage which is on the individual's travel tickets? Section 5-03-06, as amended, provides as follows: "The taxes lev

OPINION 65-413 (July 13) July 13, 1965 (OPINION) Mr Lloyd Omdahl Tax Commissioner RE: Taxation - Use and Motor Vehicle Tax - Application This is in response to your letter of July 10, 1965, in which you submit additional questions on the application of the use tax and the motor vehicle tax. QUESTION NO. 1: You specifically ask if the opinion of July 9, 1965, which concludes that trade-in allowances should be excluded before the tax is applied, was to have a retroactive application or effectiveness, i.e., whether or not the ruling applied to transactions that took place on Ju

OPINION 65-314 July 12, 1965 (OPINION) Mr. Clarence M. Maesner Coordinator State Outdoor Recreation Agency RE: State Outdoor Recreation Agency - Authority This is in reply to your letter of July 7, 1965, in which you request our opinion indictating whether North Dakota has the necessary legal authority to participate in the Land and Water Conservation Fund Act Program. With your letter you enclose a copy of a letter from Mr. W.W. Dresskell, Regional Director, United States Department of the Interior, Bureau of Outdoor Recreation, Mid-Continent Region, Building 56, Denver Fed

OPINION 65-211 July 12, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Officers - Expense Accounts - Interpretation of Statute You have asked two questions to clarify House Bill 531. The first question is: Are meals and lodging to be reimbursed on an actual basis not to exceed the maximum established by law, or are they to be based on a per diem? For example, the law allows a maximum of $6.75 for the fourth quarter and only $5.50 is spent, is the employee reimbursed maximum amounts of $6.75, or merely for the actual amount? The language of the amendments of

OPINION 65-419 July 9, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Trade-In allowance During a recent conference, at which you were present, questions were raised as to the specific provisions of House Bill No. 809 (chapter 421, 1965) and their application as a result of the opinion issued by this office dated June 26, 1965. The specific question raised was whether or not trade-in allowances should or should not be used in computing the tax to be paid. The instruction sheet you sent out to various retailers based on the opinion directed that tr

OPINION 65-247 July 7, 1965 (OPINION) Mr. Paul Agneberg State's Attorney Towner County RE: Schools - Bonded Indebtedness - Removal of Buildings This is in reply to your letter of June 23, 1965, in regard to removal of residence buildings from bonded school districts by Indians to situses on the Indian Reservation. You call our attention to section 40-01-08 of the North Dakota Century Code providing: REMOVAL OF BUILDING WHEN TAXES AND SPECIAL ASSESSMENTS OR SHARE OF BONDED INDEBTEDNESS ARE DUE - LIEN - MISDEMEANOR. No person shall remove from any lot or tract of land in any

OPINION 65-441 July 6, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Townships - Zoning - County Regulations This is in reply to your request for an opinion of this office construing chapter 11-33 of the North Dakota Century Code, by reference thereto, certain provisions of chapter 58-03 of the North Dakota Century Code with specific regard to the provision of section 11-33-20 of the North Dakota Century Code that: The provisions of this chapter shall in no way prevent townships from making regulations as provided in sections 58-03-11 to 58-03-15, i

OPINION 65-76 June 28, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Counties - Officers Salaries This is in reply to your letter of June 22, 1965, relative to House Bill 677 enacted by the 1965 Legislative Assembly. This bill, as you have noted in your letter, increases the salaries of county officials. You state the following facts and questions: "It appears that under subsection b of section 2 that the salaries of the county officials shall be at the rate of $5000.00 in counties of a population exceeding 8,000 population plus additional compen

OPINION 65-215 June 28, 1965 (OPINION) Mr. Eugene Rich State Examiner RE: Officers - Political Subdivisions - Travel Expenses This is in reply to your letter of June 21, 1965, relative to section 44-08-04 of the North Dakota Century Code, as amended by House Bill No. 531. You state the following facts and questions: "Section 44-08-04 as amended by House Bill 531 changes procedure for claiming travel expense. It appears that this section applies to political subdivisions of the state as well as state employees. "Section 21-05-01 of the Century Code also provides for some p

OPINION 65-73 June 24, 1965 (OPINION) Mr. Eugene Kruger State's Attorney Cass County RE: Counties - Funds - Investment This is in reply to your letter of June 10, 1965, in regard to investment of surplus funds by the governing body of the county. You are considering the possibilities of the governing body of the county depositing such funds, and funds which are not needed for an appreciable period of time in the future, in public depositories in this state. You are familiar with section 21-06-07 of the North Dakota Century Code with regard to allowing surpluses to be investe

OPINION 65-186 June 24, 1965 (OPINION) Mr. Walter Christensen State Treasurer RE: Motor Vehicles - Number Plate Fee - Distribution This is in reply to your letter of June 8, 1965, in which you set forth the following facts and question: "In view of the change in section 39-04-12, due to the passage of Senate Bill 140 of the North Dakota Century Code, which places all collections and existing balances of the revolving fund in the Motor Vehicle Registration Fund, as of July 1. "Would the existence of such funds be distributed to the municipalities according to section 39-04-39,

OPINION 65-131 June 24, 1965 (OPINION) The Honorable K. O. Nygaard Commissioner of Insurance RE: Insurance - Public Buildings - Bids for Reinsurance This is in response to your request for an opinion relating to reinsurance of risks under the provisions of section 26-24-22, as amended, of the North Dakota Century Code. This section was amended by Senate Bill No. 340 of the 39th Legislative Assembly, at which time some substantive and procedural changes were made. Senate Bill No. 340 was not an emergency measure and would not have gone into effect until July 1, 1965. Earlier

OPINION 65-223 June 22, 1965 (OPINION) Mr. Leslie O. Ovre Executive Director Public Welfare Board RE: Parents - Support of Stepchildren - Responsibility This is in reply to your letter of June 3, 1965, which we received June 19, 1965, relative to the above matter. You state the following facts and question: "Enclosed is a copy of Senate Bill No. 47, which was passed by the Thirty-ninth Legislative Assembly and which becomes law, effective July 1, 1965. "We would appreciate your opinion regarding section 2, lines 27 through the end of the sentence on line 30. Specifically,

OPINION 65-3 June 17, 1965 (OPINION) THE HONORABLE WILLIAM L. GUY Governor RE: Agriculture - Potato Development Commission - Unconstitutional This is in reply to your letter of June 14, 1965, in which you set forth the following facts and question: "The North Dakota Potato Development Commission is under Chapter 4-10A of the North Dakota Century Code. The terms of three members of this Commission will expire July 1, 1965. "In view of the North Dakota State Supreme Court ruling in Case Number 8134 filed February 22, 1965, I am requesting that your office inform me as to (1) w

OPINION 65-52 June 14, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Civil Rights - Public Facilities - Application of Statute This is in reply to your letter in which you advise that you have had some discussion with the Judge Advocate of the Grand Forks Air Base with reference to construction and interpretation of section 12-22-30 of the North Dakota Century Code, as amended. You further advise that there is a question in your mind as to whether or not the portion stating "other places" would be applicable to apartment dwellings. You specific

OPINION 65-312 June 14, 1965 (OPINION) Mr. Russell Reid Superintendent State Historical Society RE: State Historical Society - Exchange of Lands This is in reply to your letter of June 8, 1965, in regard to the provision of House Bill No. 541 of the past 1965 session of the Legislative Assembly, with regard to exchange of lands by the State Historical Society. This provision (section 7 of the bill as introduced, section 8 of the bill as amended) provides: SECTION 8.) Section 55-01-10 of the North Dakota Century Code is hereby created and enacted to read as follows: 55-01-

OPINION 65-44 June 10, 1965 (OPINION) Mr. L. M. Grandy City Alderman St. Thomas, North Dakota RE: Cities and Villages - Special Assessments - Election This is in reply to your letter of June 5, 1965, relative to a waterworks improvement district. You ask whether such a district may be established without a city wide vote thereon where water is already available from other sources. You note that in floating a bond issue against a water improvement district, up to 20 percent can be levied on all property in the city, including that part not in the district and, in the case o

OPINION 65-133 June 4, 1965 (OPINION) The Honorable K. O. Nygaard Commissioner of Insurance RE: Insurance - Public Buildings - Reinsurance This is in response to your letter in which you ask for an opinion on the provisions of Senate Bill No. 340 adopted by the Thirty-ninth Legislative Assembly, which amends and reenacts section 26-24-22 of the North Dakota Century Code. The Act pertains to the procedure of reinsurance through bids in the month of June of odd numbered years. The amendments to section 26-42-44 are both substantative and procedural. It could well be that the

OPINION 65-375 (June 3) June 3, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Motor Vehicle Use Tax - Administration This is in reply to your request for an opinion on the construction of Senate Bill No. 40 which amends §57-40.1-07 of the North Dakota Century Code. This bill also provides that the Tax Commissioner is to administer the motor vehicle use tax. You refer to a report of the 1965 Legislative Research Committee, which on Page #147 sets forth the following explanation of Senate Bill No. 40: ‘” Senate Bill No. 40-Tax Commissioner to Administer Motor Vehicle U

OPINION 65-373 June 3, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Increased Assessment - Notice This is in reply to your letter of 28 May 1965 in regard to the interpretation of Senate Bill No. 198 as enacted into law at the last session of the Legislation Assembly. You quote the enactment as follows: TLE: "To provide written notice to the real estate owner by the assessor that his assessment has been increased." ODY: "SECTION 1. WRITTEN NOTICE OF INCREASED ASSESSMENT TO REAL ESTATE OWNER. When any assessor or county board of equalization has incr

OPINION 65-152 May 26, 1965 (OPINION) Mr. Norton M. Hatlie Legal Counsel Public Service Commission RE: Libraries - State Documents - Deposit This is in reply to your letter of May 20, 1965, relative to Senate Bill 270 enacted by the recent Legislative Assembly. You state the following facts and question: I have been directed by the Public Service Commission to inquire in regard to the above statute. A literal reading of the statute has led the Commission to conclude that all publications emanating from this Commission must be sent to the State Library Commission. The only