North Dakota Attorney General Opinions

OPINION 64-49 (May 12) May 12, 1964 (OPINION) CITIES RE: Municipal Band This is in reply to your letter of May 8, 1964, relative to the band levy authorized by chapter 40-37 of the North Dakota Century Code. You state the voters of the city of Williston have authorized such a levy. The proceeds of this levy are being used to support the Williston City Band and the Williston Public School Band. The American Legion Drum and Bugle Corps in the city of Williston has requested that a portion of the proceeds of the one mill levy be used to defray a portion of its expenses. You

OPINION 64-213 May 11, 1964 (OPINION) SCHOOL DISTRICTS RE: Funds - Deposit of This is in reply to your letter of May 5, 1964, relative to the interest and sinking funds, building funds and the special reserve funds of the various school districts that are kept in the Bank of North Dakota. The county treasurer is the custodian of the accounts. In your letter you quote from a letter of the county treasurer which states: Recently I was asked by the Clerk of a School District to have their Building Fund money transferred to their local Bank within this County. If this is done

OPINION 64-209 May 7, 1964 (OPINION) SCHOOL DISTRICTS RE: Elections - Notice of Election Letter of date May 1, 1964, from Superintendent of School, Gladstone Public School District No. 2, to your office was referred to my desk for attention and reply. The question therein is stated as: * * * * We had the notice of election for the increase in debt limits and for the actual bond issue published in the newspaper; however, we also posted these notices in the required number of 'conspicuous' places in the district. Will it be necessary for us to furnish affidavits as to posting

OPINION 64-277 April 27, 1964 (OPINION) WORKMEN'S COMPENSATION BUREAU RE: Expenditures - Procedures This is in response to your letter in which you state that the examiners of the State Auditor's office are presently making the regular annual audit and the commissioners of the Bureau request an opinion clarifying the law on the matter of the jurisdiction of the State Auditing Board with respect to the pre-audit of such administrative vouchers. You further advise that this matter has been discussed with the Deputy State Auditor and there appears to be considerable doubt on the

OPINION 64-116 April 23, 1964 (OPINION) ECONOMIC DEVELOPMENT COMMISSION RE: Appropriation - Proper Expenditures This is in reply to your letter of April 20, 1964, relative to Gripentrog v. City of Wahpeton, 126 N.W.2d. 230 (N.D. 1964). You state the following facts: As you know, the North Dakota Municipal Industrial Development Act was recently upheld by the North Dakota Supreme Court. A test case was carried out in which the city of Wahpeton acted as the defendant. The Economic Development Commission would like to receive your opinion if it can legally assist Wahpeton in

OPINION 64-35 April 21, 1964 (OPINION) BOARD OF UNIVERSITY AND SCHOOL LANDS RE: Land Patents - Mineral Reservations This is in reply to your letter of March 25, 1964, in regard to patents for lands and mineral reservations therein. You inform us that land concerned was sold to a private individual on the twenty-third day of February, 1946, on contract for patent. The contracts were paid in full and patents issued on the third day of April, 1958. Patents issued apparently purported to reserve all the coal that might be found on or underlying said lands. An attorney for t

OPINION 64-16 April 14, 1964 (OPINION) AUDITING BOARD RE: Vouchers - Required Information This is in reply to your letter of April 9, 1964, relative to chapter 63 of the 1963 Session Laws. You state the auditing board recently failed to approve a voucher for $50,000 submitted to the state water commission by the Bowman County Water Management District. The payment of the $50,000 was intended to allow the letting bids in May 1964, for the construction of the Bowman-Haley dam. You note the 1963 Legislative Assembly enacted chapter 63 of the 1963 Session Laws which provided

OPINION 64-24 April 6, 1964 (OPINION) BOARD OF ADMINISTRATION RE: Gifts - Maintenance This is in response to your letter in which you enclosed other correspondence relating to a proposition by private persons to raise money and donate same to put a chapel on the school grounds at Grafton, North Dakota. You then ask if this money is raised and a chapel is put on a school grounds will the Board of Administration have to accept the responsibility of maintaining this building. You further ask what status does the board have in accepting gifts such as this. Finally, you inquir

OPINION 64-68 April 4, 1964 (OPINION) CORPORATIONS RE: Annual Reports - Filed with Secretary of State This is in response to your letter in which you ask for an opinion as to whether or not corporations incorporated under chapter 6-11 of the North Dakota Century Code have to file a current annual report with your department or must they file such report with the State Examiner. Chapter 6-11 of the North Dakota Century Code does not provide that corporations formed thereunder file an annual report with the State Examiner or the State Banking Board. However, Section 6-11-07 of

OPINION 64-175 April 1, 1964 (OPINION) MOTOR VEHICLES RE: Weight Limits - Levy of Penalty This will acknowledge receipt of your request for an opinion interpreting section 39-12-17, N.D.C.C. Subdivision a of subsection 2 of section 39-12-17 specifies that a charge shall be made at the rate of 1 cent per pound for each pound of weight in excess of the legal limit, up to 3000 pounds of excess weight. Subdivision b of subsection 2 provides that the charge shall be 4 cents per pound for each pound which exceeds the legal limit by over 3000, but is less than 5000 pounds of excess.

OPINION 64-50 March 25, 1964 (OPINION) CITIES RE: Municipal Electric System - Role of Public Service Commission In your letter of 20 April 1964 you state: "The City of Hankinson was authorized by an election held October 22, 1963, to issue its Electric Distribution System revenue bonds in the total amount of $190,000.00 for the construction of city owned electric distribution system and equipment thereof. An engineer has been retained to draw plans and specifications for the construction of this project which will include electric supply lines intended to carry a constant p

OPINION 64-152 March 9, 1964 (OPINION) HIGHWAY DEPARTMENT RE: Records - Availability to Public This will acknowledge receipt of your letter requesting an official opinion as to your authority and obligation to furnish copies of records and files maintained by your department, when requested to do so by individuals or Legislators. Section 24-02-11 specifies that "The files and records of the department shall be open to public inspection under reasonable regulations. Copies of said files land records, when certified by the commissioner as being true copies, shall be received in

OPINION 64-172 March 4, 1964 (OPINION) MOTOR VEHICLES RE: Operator's License - City Ordinance in Conflict This is in reply to your letter of March 2, 1964, relative to the application of section 39-06-16 of the North Dakota Century Code, as amended, to section 8-0208 of the Grand Forks City Code. Section 8-0208 of the City Code provides, according to your letter, as follows: DRIVERS MUST CARRY OPERATOR'S LICENSE. Every operator of a motor vehicle shall at all times carry on his person his operator's license and certificate of registration of said vehicle, as provided by stat

OPINION 64-46 March 2, 1964 (OPINION) CITIES RE: Election - Council - Petitions This is response to your letter in which you advise that you have a mayor and council form of city government. Presently there are two vacancies for the position of alderman in one particular ward. One vacancy is for a four-year term and the other is for a two-year unexpired term. Three persons are running for the two offices. You call our attention to section 40-21-07 of the North Dakota Century Code, which provides as follows: PETITION FOR NOMINATION OF ELECTIVE OFFICIAL IN MUNICIPALITIES

OPINION 64-276 February 20, 1964 (OPINION) WORKMEN'S COMPENSATION BUREAU RE: Employee's Coverage This is in response to a letter from your attorney in which an opinion is asked for on the following: An employer is covered relative to his business place in Fargo, North Dakota, which is a service station. He has coverage for his employees and he has also applied for and received coverage for himself under the provisions of chapter 65-07 of the North Dakota Century Code. This employer has now purchased a service station in Moorhead, Minnesota. The employees at this station li

OPINION 64-86 February 17, 1964 (OPINION) COUNTY JUDGE RE: Term of Office This is in reply to your letter of February 11, 1964, relative to the term of office of county judges. You note that Section 173 of the North Dakota Constitution provides four-year terms for certain specific county officers including the county judge. This provision was effective for these officials elected at the general election in 1962. Section 110 of the North Dakota Constitution provides for a county judge whose term of office is specified as two years. You ask whether or not you should give no

OPINION 64-177 February 14, 1964 (OPINION) NORTH DAKOTA HERITAGE STUDY COMMITTEE RE: Purpose This is in reply to your letter of February 13, 1964, relative to Chapter 369 of the 1963 Session Laws. You note this Act establishes the North Dakota Heritage Study Committee. You ask if this organization can be considered as "organized and operated exclusively for the religious, charitable, scientific, literary or educational purposes including the encouragement of art, no part of the net earnings or which enures to the benefit of any private stockholder or individual and no subst

OPINION 64-165 February 5, 1964 (OPINION) MOTOR VEHICLES RE: Registration - Exemptions This is in response to your letter in which you ask for an opinion on the question whether a person who is a grain farmer and also engaged in the seed business can use a farm plate on his truck which has a gross weight of 42,000 pounds. You also advise that this person buys grain from one elevator and hauls it to another. This transaction is either for resale or for securing different types and qualities of grain. Your letter does not disclose whether the grain initially is raised by th

OPINION 64-170 February 4, 1964 (OPINION) MOTOR VEHICLES RE: Registration of Certain Vehicles This is in response to your request for an official opinion as to whether machines or vehicles with fixed loads, such as diggers, cranes or certain types of excavators, should be required to secure motor vehicle registration. You further state that these machines, as a general rule, are not used on the highways but when they are used it appears that most of them can be operated on the highways at a normal operating speed. We are assuming that the vehicle in question is self-propell

OPINION 64-151 January 28, 1964 (OPINION) HIGHWAY DEPARTMENT RE: Purchase of Equipment This will acknowledge receipt of your request for an official opinion as to your authority to replace the Cessna 180 airplane, now owned by the Highway Department and used in mapping, aerial photography and other activities of the Highway Department. Section 24-03-12 of the North Dakota Century Code authorizes the department of accounts and purchases, or you, as Highway Commissioner, if the authority is delegated to you by the Department of Accounts and Purchases, to purchase, among other thi

OPINION 64-141 January 27, 1964 (OPINION) HIGHER EDUCATION RE: State Commission - Federal Funds This is in reply to your letter of January 22, 1964, relative to the Higher Education Facilities Act of 1963. You state it is your intention to designate or establish a state commission in compliance with this act. You note it is necessary to notify the Commissioner of Education to this effect and that such notification must be accompanied by (1) certification that the members of such commission are, in accordance with Section 105 (a) of the Act, broadly representative of the publi

OPINION 64-44 January 17, 1964 (OPINION) CITIES RE: Commissioners - Expenditures This is in response to your letter in which you ask for an opinion on the following questions: 1. May the City Commissioners have an expense account, as well as their salary, for entertainment purposes? 2. May the City Commissioners hold dinner committee meetings and pick up the tab? 3. Are the City Commissioners, approving vouchers for travel expenses, bound by section 44-08-04 which states ten dollars for any one day for actual expenses of meals and lodging? (Even if actual expense is o

OPINION 64-84 January 15, 1964 (OPINION) COUNTIES RE: Vacancy in Office - Appointment for Unexpired Term This is in reply to your letter of January 14, 1964, relative to a vacancy in the office of state's attorney. You state the following question: We request an opinion from your office on the question of whether an appointment by the County Commissioners to fill a vacancy in the State's Attorney's office constitutes an appointment for the unexpired term, or whether the appointee must submit to a vote of the people at the next general election." In 1962 the electors of this

OPINION 64-173 January 14, 1964 (OPINION) MOTOR VEHICLES RE: Unsatisfied Judgment Fund - Transfer of Funds This is in response to your letter in which you ask for an opinion on when money collected for the unsatisfied judgment fund on 1964 motor vehicle registrations might be turned over to the proper departments. You also advise that heretofore disbursement of this money has been made in the same manner as the money collected for motor vehicle registrations. Section 39-17-01 of the North Dakota Century Code provides for payment to the motor vehicle registrar of an additional f

OPINION 64-267 January 13, 1964 (OPINION) TOWNSHIPS RE: Board of Supervisors - Authority This is in reply to your recent request for an opinion on the following question. Can the township officers authorize a board of county commissioners to represent them in dealings relative to the upkeep and maintenance of township roads damaged by contractors in the installation of missile sites?" We note that the township supervisors are required to appoint a supervisor of highways. The duties of this township supervisor of highways include, among others, the responsibility for the mai

OPINION 64-221 January 11, 1964 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Petitions This is in reply to your letter of January 9, 1964, in which you state a county committee on school district reorganization will be faced with the question of approving an annexation petition which has a sufficient number of signatures, but it expects to receive a counterpetition with enough names to bring the number of the original petition below the two-thirds required by law. The question which that committee raises is: "Would it be lawful for the Committee to pay no attention to the

OPINION 63-232 December 26, 1963 (OPINION) STATE DEPARTMENT OF HEALTH RE: Federal Health Funds This is in response to your letter in which you ask for a formal opinion whether or not the State Department of Health is an authorized and appropriate agency to receive allotments of funds under Public Law 88-156 entitled "Maternal and Child Health and Mental Retardation Planning Amendments of 1963" and Public Law 88-164 entitled "Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963", and to administer the program thereof. The State Department o

OPINION 63-25 December 23, 1963 (OPINION) BOARD OF ADMINISTRATION RE: Grafton State School - Child Placement This is in reply to your letter of December 9, 1963, in which you enclosed a copy of a letter from Dr. Rand, Superintendent of the Grafton State School, under date of December 6, 1963. Dr. Rand states there are a number of people at the Grafton State School over twenty-one years of age and who might be put out on placement although their parents do not wish this done. The question presented is whether or not parents approval must be obtained before placing a child on w

OPINION 63-178 December 19, 1963 (OPINION) NURSES' SCHOLARSHIP REVOLVING FUND RE: Repayments This is in response to your letter in which you call attention to Chapter 56 of the 1963 Session Laws, which provides as follows: Section 1. APPROPRIATION.) There is hereby appropriated to the nurses' scholarship revolving fund out of any moneys in the state general fund in the state treasury, not otherwise appropriated, the sum of $53,000.00, or so much thereof as may be necessary for the purpose of paying nursing preparation scholarships, as provided for in chapter 43-12 of the No

OPINION 63-246 December 18, 1963 (OPINION) STATE OFFICIALS RE: Attorney Generals - Duties This is in reply to your letter of December 13, 1963, in regard to the effect of the Attorney General's Opinion to a state officer in the future conduct of that state officer in the discharge of his state duties and obligations. It is a bit difficult to give a complete picture of all the law on this particular point. However, we believe the following outlines the statutory and case law on the subject: Section 54-12-01(6) of the North Dakota Century Code provides as follows: 54-12-01.

OPINION 63-260 December 13, 1963 (OPINION) TAXATION RE: Park Districts - Purpose of Levy This office acknowledges receipt of your letter of December 9, 1963, with reference to the above-captioned section of our law. You state that during the past year there have been improvements made in the city of New Rockford by the special assessment method, and this will result in special assessments being made against park board properties. A substantial payment will be required from the Park Board each year in order to meet the special assessment obligations. You further state: "From

OPINION 63-238 December 13, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: Governor's Board This is in reply to your letter of December 9, 1963. You enclose various informative materials including: 1. A resolution which was presented to the membership of the Historical Society. 2. A set of by-laws proposed by your by-laws committee. 3. A motion presenting an exception to the by-laws. 4. A motion including the wording of the new legislation passed in the Thirty-eighth Legislative Session, applicable to the Historical Society, as an amendment to its Articles of Incorporati

OPINION 63-64 December 10, 1963 (OPINION) CIVIL DEFENSE RE: Emergency Vehicles In your letter of November 19, 1963, you requested an opinion in regard to the following: 1. The North Dakota Civil Defense Association has requested that the state, city-county privately owned Civil Defense vehicles be authorized as class 'A' emergency vehicles so as to be eligible to display flashing red lights while on official status." You then request us to advise how this may be accomplished and the procedure to be followed. Section 39-01-01 of the North Dakota Century Code, as found in the

OPINION 63-194 December 10, 1963 (OPINION) RURAL FIRE DISTRICT RE: Reimbursement of Volunteer Firemen This is in response to your request for an opinion concerning the interpretation of section 18-10-06, subsection 8 of the North Dakota Century Code relating to the powers of a rural fire district. The specific question is whether or not the rural fire district is able to pay for services of the firemen or for replacement of clothing ruined when fighting a fire. Section 18-10-06, as is material here, provides as follows: POWERS OF BOARD OF DIRECTORS. The board of directors

OPINION 63-52 December 9, 1963 (OPINION) CITIES RE: Streets - Control of Boulevards This office acknowledges receipt of your letter of November 26, 1963, which reads as follows: The City Council of the City of Ellendale has asked that I secure an opinion from your office regarding the following City matter: The City of Ellendale has boulevards along the streets and in the residential district of Ellendale. There is of course no question that pursuant to ordinance these boulevards, although abutting the property owners' property, belong to the City of Ellendale, and it would

OPINION 63-31 December 6, 1963 (OPINION) BOARD OF ADMINISTRATION RE: State Hospital - Medical Treatment Determined by Superintendent and Staff This is in response to your request for an opinion on the question "whether or not a relative or guardian has the right to dictate the type of treatment given a patient at the State Hospital." We are assuming that the patient in question is an "involuntary patient" - one who is committed to the State Hospital by proper authority and procedure such as judicial procedure or mental health board or as in some instances emergency procedure un

OPINION 63-208 December 4, 1963 (OPINION) SCHOOL DISTRICTS RE: Dissolution - County Reorganization Committee This office has been requested to issue an opinion relative to the dissolution of school districts which have not operated a school for the immediately preceding two years. The facts as presented to us are as follows: The Board of County Commissioners held a meeting in the spring of 1963 with all districts not holding school for the two years prior to July 1, 1962. No action to dissolve the districts was taken by the Board of County Commissioners and these school distr

OPINION 63-237 December 3, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: Exploration Permits This office acknowledges receipt of a letter from Mrs. Aide dated July 23, 1963, and the same was referred to me for a reply. The first paragraph of the letter reads as follows: I would very much appreciate your opinion regarding the exploration permits as covered by Chapter 55-03-01, of the Century Code. It states in this paragraph 'on any lands in North Dakota' and in Chapter 55-03-02 it states 'no permit shall be granted* * * * on any land owned by the State.' This situation is am

OPINION 63-251 November 22, 1963 (OPINION) STATE VEHICLES RE: Marking - Paint Required Your letter dated October 28, 1963, has been referred to my desk for reply. Your letter provides as follows: "Your opinion is respectfully requested re the following: "The past session the above captioned was amended by the legislature, whereas it became the duty of the state auditor, when spot checking or verifying inventory of a department during an audit, to report any non-compliance of this section. The question has been raised as to whether or not the use of decals or shields in marki

OPINION 63-243 November 22, 1963 (OPINION) STATE INVESTMENT BOARD RE: May Sell and Reinvest for Better Return Your letter dated November 18, 1963 states that the Teachers Insurance and Retirement Board has considerable funds invested in tax-exempt municipal bonds. Since these invested funds are property of the state and Section 176 of the North Dakota Constitution exempts all state property from taxation, the newly created State Investment Board of which you are chairman feels that other types of investments would be more profitable. You further state that if some of these

OPINION 63-179 November 21, 1963 (OPINION) PUBLIC MONEYS RE: Investments - Limitations This office acknowledges receipt of your letter of November 18, 1963, which was referred to me for reply. Your letter reads as follows: "We have had several instances of State Institutions of Higher Learning asking us to invest their funds temporarily in Certificates of Deposit, Treasury Bills, and/or Government Bonds. In some cases, we are uncertain as to whether these are appropriated funds, institutional funds, or a commingling of the funds. We would appreciate your feelings as to wh

OPINION 63-229 November 19, 1963 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Refunding Bonds - Limitations This is in response to your letter in which you state that the Board of Higher Education is considering refinancing about fourteen bond issues. You then ask for an opinion on the following questions: 1. Does the Board have authority to do this under existing North Dakota law, and particularly Chapter 176 of the 1963 Session Laws? 2. If the law permits refinancing, do the bond resolutions for these various issues allow it?" The 1963 Legislature amended section 15-5

OPINION 63-113 November 19, 1963 (OPINION) DEPARTMENT OF PUBLIC INSTRUCTION RE: Transportation Payments This is in response to your letter in which you ask for a clarification of certain language found in section 15-34-26.1 of the North Dakota Century Code, as amended by Chapter 155 of the 1963 Session Laws. You also furnish and call to our attention certain action taken by the Legislative Research Committee in proposing the legislation which ultimately became law. In addition to this, you point out some of the resulting inequities should the language in question be constru

OPINION 63-211 October 16, 1963 (OPINION) SCHOOL DISTRICTS RE: Federal Indian School - Agreements With Other Districts This is in reply to your letter of October 10, 1963, concerning the above matter. You set forth the following facts: The Federal Government is the owner of the High School building at Fort Yates, North Dakota, which is operated as a Federal Indian School. Fort Yates School District for Sioux County, North Dakota, has a cooperative agreement with the government whereby students from the Fort Yates District may attend this school and a certain proportion of t

OPINION 63-239 September 26, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: State Funds - Control of When Statutory Authority Present This is in reply to your letter dated September 4, 1963, in regard to status of the State Historical Society with particular regard to amendments to chapter 55-01 of the North Dakota Century Code, now contained in the 1963 Pocket Supplement to the North Dakota Century Code, to disposition of funds and to organizational matters. Your questions are stated specifically as: Kindly advise whether or not these funds shall be turned over to the State Treas

OPINION 63-20 September 24, 1963 (OPINION) BANK OF NORTH DAKOTA RE: Demand Deposits This is in response to your letter in which you call our attention to certain provisions of chapter 21-04 and then ask for an opinion whether or not the provisions of section 21-04-18 of the North Dakota Century Code applied to the Bank of North Dakota on demand deposits made with it. Section 21-04-03, in substance, provides that public moneys shall be deposited in the Bank of North Dakota or in banks which have been duly designated as depositories in the manner prescribed by chapter 21-04. Se

OPINION 63-127(Sep 18) September 18, 1963 (OPINION) ELECTIONS RE: Special Election - Not "General" Election This is in reply to your letter of September 18, 1963, requesting an opinion of this office in regard to Writs of Election. You inform us that your office has this date received notice of the death of Representative Kenneth A. Fitch on September 13, 1963, from the Cass County Auditor. Insofar as there is a special election on October 22, 1963, in the Eastern Congressional District, and in view of the fact that there are thirty-four days remaining prior to said election,