North Dakota Attorney General Opinions

OPINION 64-469 December 4, 1964 (OPINION) Mr. Wm. J. Sturlaugson Secretary - Treasurer Pembina County Water Management District RE: Waters - Water Management District - Acquisition of Property Your letter dated November 21, 1964, has been received by this office. You wish our opinion on the following questions: 1) May a water management district use the same procedure as the State Highway Department in taking property for the construction of drainage ditches, i.e., may the district take possession upon making an offer to purchase and by depositing the amount of such offer

OPINION 64-189 December 2, 1964 (OPINION) Mr. Wm. L. Paulson Barnes County State's Attorney RE: Motor Vehicles - Offenses - Report to Highway Commissioner This is in reply to your letter of November 20, 1964, in regard to reporting of convictions of motor vehicle offenses by County Judges to the Highway Commissioner. You inform us that a defendant is being charged with violation of section 39-08-18 of the North Dakota Century Code to-wit having in his possession while in an automobile any bottle or receptacle containing alcoholic beverages which has been opened or the contents

OPINION 64-74 December 1, 1964 (OPINION) Mr. A. Friedman Register of Deeds Cass County RE: Counties - Officers - Deputies This is in response to your letter in which you ask for an opinion as to whether or not the county commissioners have the power and authority to reject an elected county official's choice of a deputy appointed by him. Section 11-10-11 of the North Dakota Century Code, as amended, provides as follows: "APPOINTMENT AND SALARY OF DEPUTIES AND CLERKS. - The number and salaries of deputies, clerks, and assistants for the county auditor, county treasurer, sheri

OPINION 64-321 November 30, 1964 (OPINION) Mr. James R. Kittle, Director Division of State Parks State Historical Society RE: State parks - Highways - Funds for maintenance This is in reply to your letter of November 23, 1964, asking the following questions: 1. Are the roads in state parks, that are on state-owned property (not leased property) part of the North Dakota highway system? 2. If the roads are part of the state highway system, can the State Highway Department legally expend funds for construction, signing, safety, maintenance, and snow removal? 3. If the ro

OPINION 64-284 November 30, 1964 (OPINION) Mr. William C. Kelsch State's Attorney Morton County RE: Schools - Special Reserve Levy - Effective Date This is in reply to your letter of November 19, 1964 in regard to levy certification, spread and assessment particularly with regard to the termination of a three mill levy for special reserve fund. You specifically request our opinion on the following matters: 1. Once a levy has been made by a governmental subdivision, and then certified to the County Auditor, can the governmental subdivision thereafter and in the current year

OPINION 64-439 November 27, 1964 (OPINION) Mr. Ray H. Walton, State's Attorney Williams County RE: Townships - Powers - Acquisition of Dam Sites This is in reply to your request of November 18, 1964, for our opinion in regard to township acquisition of dam sites. You inform us that a particular township in your county in connection with other governmental agencies is interested in building and developing a dam site within their township. They have been advised that in order to proceed with the program the township will have to acquire the land needed for the dam site as well

OPINION 64-72 November 18, 1964 (OPINION) Mr. Eugene A. Kruger State's Attorney Cass County RE: Counties - Fairgrounds - Financing This is in reply to your letter of November 10, 1964, in regard to your county's financing of a fairgrounds site purchase and erection of suitable buildings on the site purchased. You request our opinion as to whether it would be possible for the county board of commissioners to borrow funds against the future receipts from a two mill levy made pursuant to section 4-02-27.2, 1963 Pocket Supplement of the North Dakota Century Code, and if this is p

OPINION 64-330 November 18, 1964 (OPINION) Mr. Calvin A. Calton State's Attorney Divide County RE: State's Attorney - County Veterans Service Officer - Conflict This is in reply to your letter of November 12, 1964, in regard to the fact that you have been duly appointed Divide County state's attorney, that you had been previously appointed county veterans' service officer and you are requesting our opinion on the following two questions: 1. Is there a conflict between holding the office of state's attorney and that of veterans' service officer? 2. Can a state's attorney r

OPINION 64-229 October 27, 1964 (OPINION) Mr. John T. Traynor Attorney for Public School District No. 1 Devils Lake, North Dakota RE: Public Contracts - Bids - Refusal to Consider This is in response to your letter written at the request of the school board of Devils Lake Public School District No. 1. The question submitted pertains to whether or not the school board may consider a building contract bid contained in an envelope, which envelope did not have the information required as set forth by section 43-07-12, as amended, of the North Dakota Century Code. By law, the Sta

OPINION 64-12 October 21, 1964 (OPINION) Mr. Ralph Dewing, Director Department of Accounts and Purchases RE: Appropriations - Refunds - Disposition This is in response to your letter in which you advise that some state departments, agencies and institutions upon receipt of money from various sources deposit same with the State Treasurer to the general or special funds of the state and also credit same as refunds to the appropriation accounts of such departments, agencies and institutions. You then call attention to Section 186 of the North Dakota Constitution and ask for an o

OPINION 64-86 October 6, 1964 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Elections - Challenge of Voter - Identification This is in response to your letter in which you ask whether or not a duly appointed and designated election official or challenger may require some identification of the person who is desiring to vote or is being challenged under the provisions of section 16-12-14 of the North Dakota Century Code. Our form of government is predicated on the right of holding and participating in a free election and is one of our most prized possessions.

OPINION 64-100 October 5, 1964 (OPINION) Walter R. Hjelle Highway Commissioner RE: Governor - Out-of-State Travel - Blanket This will acknowledge receipt of your request for an opinion as to the legality of blanket authorization to certain employees to travel out of state short distances, when such is required by their employment. Under the provisions of section 54-06-10, North Dakota Century Code, it would appear that single trip or blanket authorizations can be granted by the governor. If you are satisfied as to the necessity and the governor concurs by granting written bla

OPINION 64-484 October 1, 1964 (OPINION) Mr. Owen T. Owen Chairman Workmen's Compensation Bureau RE: Workmen's Compensation - Disability - Definition This is in response to your request for an opinion as to what is meant by the term "disability" as found in section 65-05-12 of the North Dakota Century Code. This section provides as follows: PERMANENT PARTIAL DISABILITY - WEEKLY COMPENSATION - TIME PAID. If the injury causes permanent partial disability, the percentage which such disability bears to total disability shall be determined, and the fund shall pay to the disabled

OPINION 64-126 September 30, 1964 (OPINION) State Board of Administration RE: Industrial School - Parole - Return This is in reply to your request for our consideration of the following questions: 1. What constitutes 'parole'? Does 'parole' also include the release of a student for a short term vacation? 2. Is it permissible in accordance with 12-52-03 for the Board of Administration to order the return of a parole violator? 3. Can the Board of Administration so order a sheriff or other peace office(r) to return and deliver a parole violator back to the State Industria

OPINION 64-264 September 28, 1964 (OPINION) Mr. M. F. Peterson Superintendent Public Instruction RE: Schools - Involuntary Dissolution - Approval of State Board This is in reply to your letter of September 13, 1964, relative to the interpretation of Sections 15-22-21 and 15-53-21 of the North Dakota Century Code, as amended. You state the following facts: In behalf of the State Board of Public School Education, which met on Monday and Tuesday of this week, I am submitting a question relative to the interpretation of Sections 15-22-21 and 15-53-21, both of which were amended

OPINION 64-442 September 25, 1964 (OPINION) Mr. Martin N. Gronvold Director Unemployment Compensation Bureau RE: Unemployment Compensation - Employment - Definition This is in response to your letter in which you call attention to section 52-06-02 of the North Dakota Century Code, as amended, which provides as follows: DISQUALIFICATION FOR BENEFITS. An individual shall be disqualified for benefits: 1. For the week in which he has filed an otherwise valid claim for benefits after he has left his last employment voluntarily without good cause, and thereafter until such tim

OPINION 64-389 September 25, 1964 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Penalties for Delinquent Trailer Tax - Disposition This is in response to your letter in which you ask whether the penalty under section 57-55-03 of the North Dakota Century Code is to be deposited with the General Fund of the County or if it is to be considered as part of the tax under chapter 57-55 and distributed in the same manner as the tax thereunder. Section 57-55-03 of the North Dakota Century Code, in substance, provides that a penalty of ten cents a day shall be added to the

OPINION 64-483 September 21, 1964 (OPINION) Mr. E. Odin Sjaastad Commissioner North Dakota Workmen's Compensation Bureau RE: Workmen's Compensation - Coverage for Employees - Eligibility of Insurance Agents This is in response to your letter in which you ask this office to give an opinion on the question whether or not life insurance agents or insurance agents are considered employees and come under the Workmen's Compensation Laws of this state. The Workmen's Compensation Act of this state does not enumerate the type of employees that are covered under the Act. The Act requi

OPINION 64-117 September 17, 1964 (OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Indians - Authority on Reservation - Deputies Reference is made to your letter addressed to this office under date of August 13, 1964, in which you refer to a paragraph in our Opinion issued to Colonel Ralph M. Wood, Superintendent of the North Dakota Highway Patrol, dated July 10, 1964, said paragraph reading as follows: It is our opinion that the only circumstances under which your officers would be authorized to act on an Indian Reservation would be when they are deputized by t

OPINION 64-251 September 14, 1964 (OPINION) Mr. Fabian E. Noack State's Attorney Foster County RE: Schools - Dissolution - Annexation Approved by County Boards This is in reply to your letter of September 9, 1964, relative to school district annexation. You set forth the following facts: The Lake Washington School District No. 9 located within Eddy County, North Dakota, was recently dissolved by the Eddy County Committee on the Reorganization of School Districts under section 15-22-21 and 15-22-22 of the N.D.C.C. The resolution dissolving said school district by the Eddy C

OPINION 64-491 September 3, 1964 (OPINION) Mr. Geo. M. Thompson Investment Director The Bank of North Dakota RE: Workmen's Compensation - Investment of Funds - Certificates of D This is in response to your letter in which you ask for an opinion in accordance with the following resolution passed by the Investment Board: 'Mr. Owen further moved that the Investment Board contact the Attorney General regarding the legality of continuing investments in the form of Certificates of Deposit in commercial banks of the State of North Dakota, and asked that the Workmen's Compensation Bu

OPINION 64-49 (Sep 1) September 1, 1964 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Cities and Villages - Special Assessments - Highway Right-of-Way This is in response to your letter in which you ask for an opinion on the following situation: The Highway Department purchased for highway right-of-way the east 42 feet of a long and narrow tract of land in Marion Park Second Addition to the City of Bismarck. The tract was 300 feet long, 4.4 feet wide at one end and .21 feet wide at the other end. At the time of the purchase, May 29, 1963, the City of Bismarck had

OPINION 64-96 August 25, 1964 (OPINION) Mr. Loren L. Johnson State's Attorney Nelson County RE: Elections - Write-in Votes - Certificate of Nomination This is in reply to your letter of August 21, 1964, in which you ask the following question: "I would like an attorney general's opinion on the question of whether or not a person who is nominated by write-in votes at the time of an election has to make any affirmative action on his part in order to get his name placed on the November ballot, or if the nomination by the write-in votes is sufficient in itself to have his name pl

OPINION 64-252 August 24, 1964 (OPINION) Honorable M. F. Peterson Superintendent Public Instruction RE: Schools - Elections - Composition of Election Board This is in reply to your letter of August 14, 1964, relative to the statutes governing school elections. You state the following questions: Is it lawful for a candidate for membership on a school board to act on the election board? The school election laws are silent on this particular point while the general election laws provide that a candidate for membership on a board cannot act on the election board. My question n

OPINION 64-4 August 20, 1964 (OPINION) Mrs. Cathryn Hostler City Auditor Watford City, North Dakota RE: Airport - Airport authorities - Custody of funds In a recent letter to this office you stated that an airport authority was created by the City Council pursuant to section 2-06-02 of the North Dakota Century Code and that some of the duties and functions of the authority are not clear. Specifically, you have a question as to who handles the moneys received from rentals of certain property, purchased for airport purposes, and from tax levies. Section 2-06-14 of the North Dak

OPINION 64-139 August 12, 1964 (OPINION) Mr. John C. McClintock City Attorney Rugby, North Dakota RE: Justice Court - Appearances - Conflicts This is in response to your letter in which you ask, does the term "occupying the same room" as found in Section 33-03-01 of the North Dakota Century Code prevent or prohibit an attorney practicing law under a partnership agreement or an employer-employee relationship from acting as an attorney before a justice court if the other member of the firm is county justice. Section 33-03-01 of the North Dakota Century Code provides as follows:

OPINION 64-243 August 4, 1964 (OPINION) Mr. A. R. Nestoss Deputy Superintendent Public Instruction RE: Schools - Annexation - Remaining Territory This is in reply to your letter of July 31, 1964, relative to section 15-27-06 of the North Dakota Century Code, as amended. You state a petition for annexation of a part of the North Central School District of Towner County to the Mt. Pleasant School District of Rolette County is being considered. The area in question is in Towner County and was a part of the Rosedale School District which, about a year ago, was dissolved by annex

OPINION 64-182 August 4, 1964 (OPINION) Mr. Weldon L. Haugen Motor Vehicle Registrar RE: Motor Vehicles - Licenses - Self-propelled Mobile Homes This is in response to your letter in which you ask for an opinion on how a "self-propelled mobile home should be licensed." The vehicle in question was manufactured and built as a mobile home on a truck chassis and contains its own power unit. You further advise that you have now an application for registration of such a unit. You further advise that it is your "intention to license these, using the same fee schedule as passenge

OPINION 64-404 July 31, 1964 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Secrecy of Income Tax Returns - Disclosure of Names This is in reply to your letter of July 13, 1964, relative to disclosure of the names and addresses of each person who filed a North Dakota individual income tax return for the year 1963 with the Tax Commissioner. You state the following facts relative to this matter: The organization which has made the request is a non-profit, national organization which engages in various medical research projects and in charitable projects related to

OPINION 64-326 July 23, 1964 (OPINION) Mr. Ralph Dewing Director Department of Accounts and Purchases RE: State Printing - Competitive Bidding - Bond This is in response to your letter in which you ask for an official opinion on the construction and interpretation of section 46-02-07 of the North Dakota Century Code, as pertaining to the following set of facts: On July 20, 1964 this office opened the bids for these classes of printing and received one bid, accompanied by a bidders bond which did not have prior approval of the Attorney General's office." Section 46-02-07 of t

OPINION 64-392 July 20, 1964 (OPINION) Mr. John A. Zuger City Attorney Bismarck, North Dakota RE: Taxation - Proposed Amendment Repealing Personal Property Tax - Effect This is in response to your letter in which you ask for an opinion pertaining to the affects of the proposed amendments to Article XI, Section 176 of the North Dakota Constitution. The proposed changes are set out as follows: (The language to be deleted is contained within brackets ((())) and the new language is underscored.) Section 176. Taxes shall be uniform upon the same class of property including f

OPINION 64-95 July 14, 1964 (OPINION) Mr. Gordon O. Hoberg State's Attorney Logan County RE: Elections - Polling Places - Authority of County to Establish Outside County This office acknowledges receipt of your letter of July 10, 1964, in which you raise the question as to whether or not the board of county commissioners has the authority to establish polling places for Logan County precincts outside the boundaries of Logan County. As you are well aware, section 16-09-06 of the North Dakota Century Code enables a township to have a voting place within a town, city, or village

OPINION 64-162 July 13, 1964 (OPINION) The Honorable W. J. Austin, Judge Burleigh County Court of Increased Jurisdiction RE: Mentally Ill - Emergency Commitment to State Hospital - Jurisdic County Board This is in response to your request for an opinion on the administrative procedures to be followed where a person committed to the State Hospital under the emergency provision makes application for release. More specifically, a person was committed to the State Hospital under the emergency procedure, section 25-03-08 of the North Dakota Century Code. At the State Hospital he

OPINION 64-241 July 10, 1964 (OPINION) Mr. M. F. Peterson Superintendent Public Instruction RE: Schools - Annexation - Approval of State Board This is in reply to your letter of July 7, 1964, relative to section 15-27-05 of the North Dakota Century Code, as amended, which governs the procedure involved in annexing a portion of a school district to another district. This statute makes provisions governing the procedure to be followed in those instances in which the districts involved encompass portions of two or more counties. As noted in your letter, section 15-27-05 of th

OPINION 64-118 July 10, 1964 (OPINION) Colonel Ralph M. Wood Superintendent Highway Patrol RE: Indians - Highway Patrol - Authority on Reservation This office acknowledges receipt of your letter of June 26, 1964, which reads in part as follows: Specifically, the question raised is whether or not this department has authority to render assistance on Indian reservations during the time of riot. During the recent riot activity on the Turtle Mountain Indian Reservation, a request was made for officers of this department to provide assistance and protection for certain persons o

OPINION 64-115 July 10, 1964 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - State Employees - Compensation This will acknowledge your request for an official opinion as to your authority to compensate certain Highway Department employees for extraordinary service, not contemplated by their employment contracts, and for which they receive no remuneration. Under <24-02-03, Subsection 4 of the North Dakota Century Code, the legislature has conferred upon the Highway Commissioner the power and authority to fix the compensation of the various employees of the de

OPINION 64-310 July 8, 1964 (OPINION) Mr. Eugene Rich State Examiner RE: State Examiner - Municipalities - Fees for Audits This is in reply to your letter informing us as follows: Our office made an examination of the village of Selfridge during February of this year. We have billed the city for $418.75 for the examination which the village board has agreed to pay. However, the firm of Smestad and Lawinger have billed this department for $40.50 for office rent computed at the rate of 13 1/2 days at $3.00 per day. The village board has indicated they will not pay the exam

OPINION 64-93 July 3, 1964 (OPINION) The Honorable Ben Meier Secretary of State RE: Elections - Petitions - Withdrawal of Signature Your office has inquired of the attorney general relative to the withdrawal of names of qualified electors on petitions for a constitutional amendment, and whether or not such name or names may be withdrawn, and if so, under what circumstances. You state that the signer of an initiative petition desires to withdraw her name, and has so indicated by a letter to you. After some research of the question, we conclude that the general rule is that th

OPINION 64-203(June 19) June 19, 1964 (OPINION) SCHOOL DISTRICTS RE: Classroom Training - Educable Children Your letter dated June 1, 1964, provides as follows: According to the statutes a child must attend school between the ages of seven and sixteen, and a youngster may begin school at the beginning of the school year if he is six years of age on or before October 31. According to the statutes, too, kindergarten departments may be established and maintained by a public school district but Foundation Program payments do not include kindergarten children. The question has bee

OPINION 64-287 June 8, 1964 (OPINION) WORKMEN'S COMPENSATION BUREAU RE: Records - Confidential This is in response to your letter in which you ask for an opinion on the following situation. The tax commissioner has requested from you a list of all employers and their addresses as listed with the North Dakota Workmen's Compensation Bureau apparently for purposes of assisting him in determining whether any income tax liability exists on the part of said employers. You then ask if this information may be furnished to the tax commissioner. Section 44-04-18 of the North Dakota C

OPINION 64-253 June 2, 1964 (OPINION) TAXATION RE: Constitutional Amendment - Personal Property This is response to your letter in which you ask for an opinion on the legal effect of the proposed constitutional amendment amending Section 176 of the North Dakota Constitution. The proposed changes in Article XI, Section 176 are set out as follows: The language to be deleted is contained with brackets ((())) and the new language is underscored. The proposed change is as follows: Section 176. Taxes shall be uniform upon the same class of property including franchises within

OPINION 64-205 June 1, 1964 (OPINION) SCHOOL DISTRICTS RE: Composition of School Board - Residence Requirements This is in reply to your letter of May 27, 1964, in regard to vacancies in school board membership and the forthcoming election for public school district officers to be held on the first Tuesday in June, i.e., June 2, 1964, pursuant to section 15-28-03 of the North Dakota Century Code. You inform us that the fifty percent taxable valuation of the public school district involved consists of approximately $4,043,903.00 of which $1,272,270.00 is fifty percent taxable va

OPINION 64-273 May 28, 1964 (OPINION) WORKMEN'S COMPENSATION BUREAU RE: Claims - Time Limit This is in response to your letter in which you ask for an opinion on the time limit for filing of claims. You call our attention to the provisions of section 65-05-01 of the North Dakota Century Code, which provides as follows: CLAIMS FOR COMPENSATION - WHEN AND WHERE FILED. All original claims for compensation for disability or death shall be made within sixty days after injury or death. For any reasonable cause shown, however, the bureau may allow original claims for compensati

OPINION 64-236 May 25, 1964 (OPINION) STATE RE: Employees - Witness Fees Your letter dated April 23, 1964, has been received. You letter provides as follows: A question has come up in this department, on several occasions, concerning whether or not a state employee can accept witness fees when subpoenaed to appear as a witness. Many times we are called upon to testify in in behalf of another state agency or a law enforcement agency of a political subdivision. There is a feeling amongst the employees of the department that at some time or other there was a statement issued

OPINION 64-226 May 23, 1964 (OPINION) SCHOOL DISTRICTS RE: Teacherage This is in reply to your letter of May 18, 1964, in which you ask if a school district could borrow money to purchase a teacherage. In your letter you note the provisions of section 15-26-07 of the North Dakota Century Code. As you are aware chapter 15-26 of the North Dakota Century Code was repealed by the 1961 Legislative Assembly. As also noted in your letter section 15-29-08(5) of the North Dakota Century Code, as amended, provides that school boards have the power and authority: "To purchase, sell

OPINION 64-34 May 21, 1964 (OPINION) BOARD OF ADMINISTRATION RE: Transfer of Funds This letter is in response to the inquiries of May 5 and 6, 1964, from your office. You wish to know whether it is legal to transfer $51,000.00 from the current State Hospital appropriation line item "Improvements and Repairs" to the State Office of Vocational Rehabilitation for the purpose of matching federal funds. (70 percent federal and 30 percent state). The estimated costs of this project for remodeling basement areas at the hospital into shop areas for industrial and occupational ther

OPINION 64-203(May 19) May 19, 1964 (OPINION) SCHOOL DISTRICT RE: Bonds - Junior College This is in reply to your letter of May 13, 1964, relative to section 15-55-18 of the North Dakota Century Code, as amended, authorizing dormitory bond issues for junior colleges. This section provides: DORMITORY BOND ISSUE FOR JUNIOR COLLEGES. The board of education of any school district having a junior college is hereby authorized and empowered to issue and sell tax exempt bonds for the purpose of constructing revenue-producing dormitories for its junior college students, the total p