North Dakota Attorney General Opinions

OPINION 65-174 May 19, 1965 (OPINION) Mr. Lloyd F. Zander Commissioner Department of Veterans Affairs RE: Military - Veterans Affairs and Veterans Aid - Appropriation This is in response to your letter in which you state that for a number of years you have prepared and presented the budget for the North Dakota Veterans Affairs and Veterans Aid Commission to the North Dakota Legislature. The Thirty-ninth Legislative Assembly combined the budgets in one appropriation under Senate Bill No. 8. The line item appropriations as found in Senate Bill No. 8 are as follows: "Salaries

OPINION 65-225 May 17, 1965 (OPINION) Mr. J. B. Graham State's Attorney Dickey County RE: Printing - Bids - Preference In a letter of this office dated May 4, 1965, you asked the following questions: 1. Does section 44-08-01 mean that Dickey County must award its bid for printing supplies to a North Dakota publishing house if the bid of the North Dakota publishing house does not exceed by more than ten percent the sum of the bid submitted by a nonresident, or out of state publishing house? (Sic) (Section 46-02-15). 2. Or can we go by section 44-08-01, which states that a

OPINION 65-6 May 15, 1965 (OPINION) Mr. Harold G. Vavra, Director Aeronautics Commission RE: Airports - Park district - Transfer of funds to airport authorit This is in reply to your letter of 11 May 1965 in regard to transfer of Park District Airport assets to City Airport Authority. You inform us that the city park district at present owns a quarter section of land which presently constitutes the airport. The park district presently owns and operates the airport. In addition the Kenmare Park District has about $1,800.00 in an airport fund. Both city and park district ha

OPINION 65-8 May 14, 1965 (OPINION) Mr. Ralph Dewing, Director Department of Accounts and Purchases RE: Appropriations - Cancellation - Continuation This is in reply to your letter of May 10, 1965, relative to cancellation of appropriations. You state the following facts and question: "The 1963 legislative session appropriated $500,000.00 to the State Hospital operating budget improvement and repairs for the biennium July 1, 1963 and ending June 30, 1965. In May of 1964 the Board of Administration directed our office to transfer $51,000.00 of this appropriation to a specia

OPINION 65-343 May 14, 1965 (OPINION) The Honorable Emil E. Kautzmann State Senator Mandan, ND RE: Taxation - Delinquent Personal Property Tax - Lien This is in response to your letter in which you ask for an opinion on section 57-22-03 and section 57-22-19 of the North Dakota Century Code concerning levy for delinquent personal property taxes on property other than that transferred from seller to buyer in the Bulk Sales Act. Section 57-22-03 of the North Dakota Century Code provides as follows: LIST TO BE DELIVERED TO SHERIFF - DUTIES OF SHERIFF. The county treasurer on

OPINION 65-82 May 10, 1965 (OPINION) Mr. Ray H. Walton State's Attorney Williams County RE: Counties - Sheriff Housing This is in reply to your letter of April 26, 1965, in regard to the county commissioners furnishing a residence for the sheriff in your county. You inform us that in an effort to make more space available for the use of county officials in the courthouse, the commissioners propose to move the sheriff's residence from the courthouse, making that space available for use by the welfare office. The commissioners wish to know whether they are obligated to furnis

OPINION 65-85 May 6, 1965 (OPINION) The Honorable William L. Guy Governor RE: Economic Opportunity - Authority to Accept Federal Funds This is in reply to your letter of May 4, 1965, relative to House Bill No. 840 enacted by the recent legislative assembly. You state the following facts and question: "House Bill 840, which was enacted into law by the Thirty-ninth Legislative Assembly of North Dakota, created the Office of Economic Opportunity as a division under the Economic Development Commission of the State of North Dakota in order that the state may participate in the pr

OPINION 65-366 May 5, 1965 (OPINION) The Honorable R. Fay Brown State Representative RE: Taxation - Income Tax Deductions - Motor Vehicle Registration Fe This is in regard to your request for an opinion relative to House Bill No. 615 passed by the Thirty-ninth Legislative Assembly. In requesting the opinion, you stated that the accounting firm which completed your 1964 tax return did not deduct the motor vehicle license fee which you paid, and when you questioned the matter you were told that Mr. Hausauer of the Income Tax Division of the State Tax Department notified the accou

OPINION 65-203 May 4, 1965 (OPINION) Mr. Kenneth E. Raschke Commissioner Higher Education RE: Native Fuel - Higher Education - Use of Natural Gas This is in reply to your letter of April 28, 1965, relative to section 48-05-02 of the North Dakota Century Code, as amended by House Bill No. 706 enacted by the Thirty-ninth Legislative Assembly. You state the following facts and questions: "The Board of Higher Education is soon to take bids on boiler facilities at the University of North Dakota. Engineers' estimates indicate that some $200,000 saving in capital investment would

OPINION 65-499 May 3, 1965 (OPINION) Mr. Owen T. Owen Chairman Workmen's Compensation Bureau RE: Workmen's Compensation - Overcharge for Premium - Refunds This is in response to your letter in which you ask for opinion whether or not in view of the decision handed down by the North Dakota Supreme Court in North Dakota Workmen's Compensation Bureau v. S.A. Healy Co., 109 N.W.2d. 249, refunds or credits can be made where overcharges occur in the following situations: 1. Closed accounts of unearned premium due riskholders; 2. On 'voids and amends' as a result of an error in t

OPINION 65-157 April 30, 1965 (OPINION) Mr. Eugene A. Kruger State's Attorney Cass County RE: Mental Health - Mental Health Units - Operation This is in reply to your letter of April 20, 1965, relative to a bill enacted by the Legislative Assembly providing for comprehensive mental health services. You ask the following questions relative to the bill: 1. Could a private nonprofit corporation establish mental health services and qualify for aid or help from the state mental health division without going through the formality of establishing a mental health unit in a politi

OPINION 65-50 April 28, 1965 (OPINION) Mr. Donald L. Mushik, Acting Director North Dakota Civil Defense RE: Civil Defense - Political Subdivisions - Contracts and Funds This is in reply to your letter of April 23, 1965 in regard to Chapter 37-17 of the North Dakota Century Code and civil defense projects of local political subdivisions of this state. You inform us that the typical political subdivision civil defense transaction is initiated by the local Civil Defense Agency determining that a need for certain equipment has arisen. The subdivision next notifies the state offic

OPINION 65-294 April 28, 1965 (OPINION) Mr. Martin N. Gronvold, Director North Dakota Old Age & Survivor Insurance System and the Social Security Contribution Fund RE: Social Security - School District Annexation and Reorganization Surviving District This is in response to your letter in which you ask for an opinion on the provisions of House bill No. 778 as enacted by the Thirty-ninth Legislative Assembly. Your specific question is whether or not a new political subdivision is created upon the reorganization of a school district or districts in view of the provisions of Hou

OPINION 65-480 Welfare - County Employees - Salary - State’s Attorney Mr. Clinton R. Ottmar, State’s Attorney Stutsman County This is in reply to your letter of 27 April 1965 in regard to a problem in regard to payment of Welfare Board employees’ salaries. Your question is stated as: “Do the County Commissioners have authority to adjust the salary of person in the Welfare Department. Furthermore, if suit is brought by the affected parties in the Welfare Department against the County Commissioners either as commissioners of Stutsman County or as individuals, is t

OPINION 65-231 April 27, 1965 (OPINION) Mr. A.S. Benson State's Attorney Bottineau County RE: Public Service Commission - Agricultural Carrier - Permit and Insurance This is in reply to your letter relative to section 49-18-01 of the North Dakota Century Code. You call our attention particularly to subsection 4 thereof, which provides: "DEFINITIONS. In this chapter, unless the context or subject matter otherwise requires: * * * 4. 'Agricultural carrier' shall mean any person, firm, association, or corporation, hauling or transporting for compensation, grain, seed, fee

OPINION 65-65 April 26, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Corporations - Life Insurance Company - Renewal of Corporate Existence This is in response to your letter in which you ask for an opinion as to whether or not a life insurance company may renew its corporate existence for a period greater than the original limitation of thirty years. The articles of incorporation as pertaining to life insurance companies are governed by the provisions of section 26-08-05(4), as amended, of the North Dakota Century Code, which as is material here provides as

OPINION 65-403 April 21, 1965 (OPINION) The Honorable R. Fay Brown State Representative RE: Taxation - Sales and Use Tax - Application of Use Tax Your letter of April 14, 1965, with reference to sales and use tax, has been received. You ask specifically whether the use tax would take the place of the sales tax if House Bill No. 698 is referred as now appears likely. The use tax is by law declared to be supplementary to the retail sales tax (section 57-40-03 of the North Dakota Century Code). The use tax has been on our statute books for a long time with minor amendments from

OPINION 65-257 April 21, 1965 (OPINION) Mr. Kenneth E. Raschke, Commissioner Higher Education RE: Schools - Higher Education - Non-Resident Tuition This is in reply to your letter of April 13, 1965, in which you enclose a letter from Mr. E. W. Olson, Business Manager, University of North Dakota, Grand Forks, North Dakota, dated April 5, 1965 relative to House Bill 543. House Bill 543 amends and reenacts Section 15-10-19 of the North Dakota Century Code, as amended, governing the definition of a non-resident student at the institutions under the control of the Board of Higher E

OPINION 65-261 April 19, 1965 (OPINION) Mr. Kenneth E. Raschke Commissioner Higher Education RE: Schools - Higher Education - Revenue Bonds for Parking Lots This is in reply to your letter of April 13, 1965, in which you set forth the following facts and requests: At the last meeting of the Board of Higher Education, the University of North Dakota requested permission to proceed with a bond issue of $300,000 for the construction of parking lots. House Bill 577 as passed by the recent Legislative Assembly included an item for parking lots. However, the original enabling legi

April 15, 1965 (OPINION) Mr. Owen T. Owen Chairman Workmen's Compensation Bureau RE: Workmen's Compensation - Nonresidents - Coverage This is in response to your letter in which you ask for an opinion on the following facts. A Minnesota resident and employer engages Minnesota resident employees in the home office which is also located in Minnesota. The employment involves a milk route in the State of North Dakota. The employees drive trucks into North Dakota, pick up milk and then return to Minnesota where the milk is unloaded at the home office. No milk is picked up in Min

OPINION 65-288 April 12, 1965 (OPINION) The Honorable R. Fay Brown, State Representative RE: Schools - Transportation - Amount of State Aid This is in reply to your letter of April 7, 1965, in which you set forth questions relative to Senate Bill No. 80. You note the following facts: To review, briefly, legislative action on this bill: Introduced to provide for 16 cents per mile, referred to Committee on Education, Page 61, Senate Journal, reported back amended to 14 cents per mile, Page 175. Engrossed, Page 189, Second reading and final passage, Page 192. Sent to House,

OPINION 65-488 April 8, 1965 (OPINION) Mr. Owen T. Owen Chairman Workmen's Compensation Bureau RE: Workmen's Compensation - Economic Opportunity Act - Application This is in response to your request for an opinion as to whether or not the worker trainees under Title V of the Economic Opportunity Act can be considered employees within the terms of the North Dakota Workmen's Compensation Act. You also ask whether or not there is an employer-employee relationship in the proposed project between the worker trainees and someone like the county or the public welfare board, or with

OPINION 65-192 April 1, 1965 (OPINION) Mr. Weldon L. Haugen Motor Vehicle Registrar RE: Motor Vehicles - Registration - Definition This is in reply to your letter of March 29, 1965, in which you requested an opinion of this office relative to section 39-04-44.1 of the North Dakota Century Code, as amended. You state the following question and facts relative thereto: "Does 'a vehicle otherwise properly registered' mean a current registration from any state, or does it mean the vehicle must have a current North Dakota license? "Up until the 1963 session, there was disagreement

OPINION 65-57 March 30, 1965 (OPINION) Honorable Ben Meier Secretary of State RE: Cooperatives - Electric Cooperatives - Excise Taxes This is in reply to your letter of March 25, 1965, in which you set forth the following facts and question: "Senate Bill No. 41 enacted by the Thiry-ninth Legislative Assembly repealed section 10-13-07 of the North Dakota Century Code, said section provides in part that electric cooperatives subject to chapter 10-13 shall pay annually on or before July first, to the Secretary of State a fee of ten dollars for each one hundred members or fraction

OPINION 65-313 March 29, 1965 (OPINION) Honorable K.O. Nygaard Commissioner of Insurance RE: State Investment Board - Reserves - Amounts This is in response to your letter in which you ask for an interpretation of section 21-10-08 of the North Dakota Century Code as enacted in 1963. This section provides as follows: RESERVES - PERCENTAGE LIMITATIONS. In order to preserve the liquidity of the funds to meet claims and liabilities as they are incurred, the following reserve requirements shall be maintained by each of the funds enumerated in section 21-10-06: 1. A primary re

OPINION 65-277 March 25, 1965 (OPINION) Mr. M. F. Peterson, Executive Secretary and Director State Board of Public School Education RE: Schools - Reorganization - Division of Reorganized District This is in reply to your letter of March 23, 1965, in which you ask two questions relative to reorganization. The questions are as follows: 1. "Under Chapter 15-53 is it lawful for a portion of a reorganized district to pull out, so to speak and form a new and separate district without annexing to or reorganizing with another district, districts, or parts of districts." 2. You

OPINION 65-182 March 25, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Motor Vehicles - In Lieu Taxes - Disposition Receipt of your request for an official opinion as to the proper disposition of funds collected pursuant to a reciprocal agreement which is in lieu of mile tax payments or which excepts in full or in part, the requirements to pay mile tax, are to be deposited in the state highway fund or the motor vehicle fund. Because the mile tax revenue, pursuant to section 39-04-19 is specifically required to be credited to the state highway construction fund a

OPINION 65-296 March 19, 1965 (OPINION) Mr. Martin N. Gronvold, Director North Dakota Old Age and Survivor Insurance System and the Social Security Contribution Fund RE: Social Security - Township Assessors - Coverage This is in response to your letter in which you ask that the opinion issued by this office on November 28, 1960, be reviewed on the basis of additional information acquired since that time. The opinion of November 28, 1960, was predicated and the conclusions were based largely upon the apparent statutory provisions. The language of Section 26-22-12 of the North

OPINION 65-207 March 17, 1965 (OPINION) Miss Lucille V. Paulson, R.N. Executive Director North Dakota State Board of Nursing RE: Nurses - Student Nurses - Liability This is in reply to your letter of March 12, 1965, in regard to liability of student nurses. Your letter states: "There seems to be a growing concern for provision of malpractice insurance for students in schools of nursing in both hospital operated programs and college programs. "In the process of learning and developing skill in the many technical procedures involved in the nursing care of patients, students ma

OPINION 65-140 March 17, 1965 (OPINION) The Honorable William L. Guy Governor RE: Korean Bonus Bonds - Use of Funds - Publication of Service Recor This is in response to your letter in which you inquire as to the constitutionality of House Bill No. 618 which provides for an appropriation of $67,840.00 out of the Korean Conflict Adjusted Compensation Fund in the State Treasury for the purpose of completing the compilation and printing of the service records of veterans of World War II and the Korean hostilities. Section 175 of the North Dakota Constitution provides as follows:

OPINION 65-436 March 12, 1965 (OPINION) Mr. Albert A. Wolf, State's Attorney Burleigh County RE: Townships - Elections - Compensation of Judges This is in reply to your letter of March 9, 1965, requesting an opinion of this office in regard to whether a township board has authority to pay election judges for serving pursuant to the provisions of chapter 58-04 of the North Dakota Century Code. The only statutory provision we note for compensation of election judges is section 16-10-16 of the North Dakota Century Code which provides: COMPENSATION OF INSPECTOR, JUDGES, AND CLERKS

OPINION 65-113 March 11, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Funds - Buildings In your letter of March 11, 1965, you requested an opinion on the following question: Can the State Highway Department participate in the cost of construction of certain defense buildings, such participation not to exceed $10,000, for the purpose of enlarging them, without violating section 24-02-39 of the North Dakota Century Code?" In addition, you pointed out that the purpose of these buildings was for the storage of certain maintenance equipment which would b

OPINION 65-325 March 5, 1965 (OPINION) Mr. Fred P. Brandt, Director Economic Development Commission RE: State planning agency - Indians - Representation In your letter to this office dated February 25, 1965, you request an opinion as to "whether the Economic Development Commission State Planning Agency, may (under provisions of Section 54-34.1 (NDCC)) advise, consult, coordinate, assist and contract with or on behalf of an Indian tribal planning committee in developing and harmonizing the planning activities of this state." Section 54-34.1-03 of the 1963 Supplement to the North

OPINION 65-181 February 27, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Motor Vehicles - Operators Licenses - Exemptions This is in reply to your letter inquiring as to requirements for obtaining drivers' licenses in the state of North Dakota by individuals who have resided here by reason of their employment. You call our attention to section 39-06-02 of the 1963 Supplement to the North Dakota Century Code and more particularly subsection 5 thereof which provides: "WHAT PERSONS ARE EXEMPT FROM LICENSE. - The following persons are exempt from lic

OPINION 65-458 February 18, 1965 (OPINION) Mr. Ronald G. Splitt State's Attorney Lamoure County RE: Veterans' Memorial Levy - Transfer to General Fund - Memorial This is in reply to your letter in regard to Veterans' Memorials. You inform us that as of April 4, 1956, your county commissioners created a veterans' memorial levy. Various expenditures were apparently made from this fund for suitable memorials. There had been no activity with regard to same for several years so on December 1, 1964, the county commissioners adopted and passed a resolution transferring unexpended

OPINION 65-19 February 10, 1965 (OPINION) The Honorable William L. Guy Governor RE: Bank of North Dakota - Industrial Commission - Appointment of Re This is in reply to your letter of February 5, 1965, in which you request our opinion on the following matter: "Subject to such refinements as may be necessary, do you think the Industrial Commission can designate a special representative, on a special assignment basis, as a representative of the Bank of North Dakota charged with implementing the efforts of the Economic Development Commission, the Bank of North Dakota, and/or loca

OPINION 65-107 February 9, 1965 (OPINION) Honorable Oscar J. Sorlie State Senator RE: Higher Education - Appropriations - Transfer The Appropriations Committee of the Thirty-ninth Legislative Assembly has requested the official opinion of this office relative to the power of the Board of Higher Education to transfer funds for an institution of higher learning from one line item of an appropriation to another line item of an appropriation for a given institution. In accordance with a Memorandum issued by this office on February 5, 1965, a copy of which is attached hereto, we bel

OPINION 65-202 February 8, 1965 (OPINION) Mr. Arne Dahl, Commissioner Department of Agriculture and Labor RE: Narcotics - Marihuana - Legality of Growing In your letter to this office, dated February 3, 1965, you say: "We have received an inquiry from Charles J. Klick, Acting District Supervisor, Bureau of Narcotics, Minneapolis, regarding the growing of marihuana. They have an application from the Peter J. Schweitzer Division of the Kimberly-Clark Corporation, Windom, Minnesota, to grow marihuana in the state of North Dakota for the manufacture of paper. "This was referred

OPINION 65-449 February 5, 1965 (OPINION) The Honorable Walter Christensen State Treasurer RE: Unsatisfied Judgment Fund - Administrator - Attorney General This is in response to your letter in which you ask who is administrator of the Unsatisfied Judgment Fund and by whom is he appointed. Your further inquire as to the duties of the offices of State Treasurer and the Attorney General in relation to said fund. The Unsatisfied Judgment Fund came into being upon the enactment of chapter 274 of the 1947 Session Laws, (now chapter 39-17 of the North Dakota Century Code). Becaus

OPINION 65-97 January 22, 1965 (OPINION) Mr. Fred E. Sorenson Secretary Grand Forks Firemen's Relief Association RE: Firemen - Relief Association - Pension This is in response to your letter in which you ask for an opinion on the construction of section 18-05-06 of the North Dakota Century Code with reference to the following facts: A member of the Grand Forks Fire Department Relief Association has been a member of the Grand Forks Fire Department Relief Association for twenty years and a member of the association for ten years. The question is can he retire from the fire de

OPINION 65-99 January 18, 1965 (OPINION) Mr. Russell W. Stuart Commissioner Game and Fish Department RE: Game and Fish - Game Management Areas in Lieu Payments We acknowledge receipt of your request for an opinion as to the application of chapter 57-02.1 to game management areas under license from the corps of engineers and the bureau of reclamation. Chapter 57-02.1 authorizes payments to the counties by the state game and fish department in lieu of real estate taxes. Before such payments can be made, section 57-02.1-02 requires a legislative appropriation therefor, and sect

OPINION 65-75 January 15, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Counties - Offices - Rental This is in response to your letter in which you advise that the county commissioners are anticipating renting office space in a place other than in the county courthouse to house county welfare offices because of the shortage of space in the present county courthouse. You then ask for an opinion whether or not the county commissioners have authority to rent facilities for the county welfare officials under the circumstances. The powers of the board

OPINION 65-445 January 8, 1965 (OPINION) Mr. Albert Schmalenberger Land Commissioner RE: University and School Lands - Coal Leases - Renewal This is in response to your letter in which you enclosed the action taken by the Board of University and School Lands with reference to the following lease. The following facts are pertinent in answering the questions you submitted. On or about December of 1943 the Board entered into a twenty year lease with the Traux-Traer Coal Company under which the Truax-Traer Coal Company was permitted to mine and remove coal located in section 16,

OPINION 65-292 January 7, 1965 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Schools - Tuition - Appeals to State Board This is in reply to your letter of January 5, 1965, relative to Section 15-40-17 of the North Dakota Century Code, as amended, providing for tuition appeals to the State Board of Public School Education. You note the statute provides in part: "The decision of the committee may be appealed to the state board of public school education, and the decision of such board shall be binding upon all parties." You then ask the following question

OPINION 64-324 December 30, 1964 (OPINION) Mr. James R. Kittle, Director Division of State Parks State Historical Society of North Dakota RE: State Parks - Use of funds for state recreation plan This is in reply to your letter of December 23, 1964, in regard to expense of panning service in regard to the North Dakota Parks Committee. You inform us that the Division of North Dakota State Parks has been designated by the governor to prepare the state parks and historic sites segment of the North Dakota State-wide Outdoor Recreational Plan by April 1, 1965. You further inform us

OPINION 64-239 December 30, 1964 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County Attention: David Kessler Assistant State's Attorney RE: Public Welfare - Records - Confidential Dear Mr. Kessler: This is in reply to your letter of December 17, 1964, requesting an opinion of this office in regard to the application of section 50-24-31 of the North Dakota Century Code. Your quote said section at length informing us that during the past several weeks Grand Forks County Welfare Board has had requests for: 1. A photocopy of a signature of a welfare recipient,

OPINION 64-234 December 29, 1964 (OPINION) Mr. Norton M. Hatlie Legal Counsel Public Service Commission RE: Public Service Commission - Certificates - Exemption This is in reply to your letter of December 8, 1964, relative to a request from Mr. Harold T. Upgren, Motor Carrier Division, Public Service Commission, requesting an opinion in regard to the above cited statute. The question presented is whether the exemption contained in said section applies only to the occasional transportation service of one farmer helping out another farmer in their local trading areas or whether