North Dakota AG Opinions, 1960

OPINION 60-64 April 22, 1960(OPINION) COUNTIES RE: Number and Election of Officers - County Judge - Consolidation of Offices This is in reply to your request for an opinion wherein you state that the official census is being taken this year by the United States government and that you have reason to believe that the result of the census might disclose that your county will have a population of less than six thousand people. You then ask for an interpretation of 11-1002 N.D.R.C. of 1943 as to what effect it will have if you run for the office of county judge and are elected in 1960, and

OPINION 60-279 April 22, 1960 (OPINION) TAXATION RE: Tax Levies and Limitations - Tax Levy for Building Fund in School Districts Re: Section 57-1516 of the 1957 Supplement to the N.D.R.C. of 1943 We have received your letter of April 13, 1960, with reference to the above statute. The facts you state to be as follows: Hannaford Special School District was reorganized and became operative on July 1, 1959. The old Hannaford District had debts in the amount of eighty thousand dollars, forty thousand dollars was a bonded indebtedness which was assumed by the entire new distri

OPINION 60-101 April 22, 1960(OPINION) ELECTIONS RE: Concurrent Primary and Special Elections - Poll Lists and Poll Books For This is in reply to your letter of 25 March 1960 in which you ask, with regard to the forthcoming special and primary elections, this office to express its opinion as to, "whether or not the special election must be handled separate and apart so far as the registration of voters (poll list) and tally and summary are concerned or whether this vote can be included in the regular poll book with the tally and summary incorporated therein." Though the forthcoming sp

OPINION 60-202 April 19, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of Municipalities - Expenditure of Municipal Funds This is in reply to your letter of April 6, 1960 in which you state "The village of Flasher would like an opinion as to whether or not it is legal or lawful for the village of Flasher to pay the local utility company for street lighting electricity used on four privately (county) owned light poles which are located on private (county owned) property." You state further that county machinery is to be stored on the lighted property, that said property is wit

OPINION 60-87 April 12, 1960 (OPINION) EDUCATION RE: Powers and Duties of Common School District Officer - Pupils - Residence for School Purposes We have received your request of April 7, 1960, for an opinion with reference to the following matter: Harrison School District is located just outside the city of Minot, North Dakota. Dakota Boys Ranch is a licensed charitable child care agency and is located within Harrison School District. The home has a maximum capacity of thirty-two boys and presently is caring for twenty-five boys. Most of these boys have been placed in the home

OPINION 60-187 April 9, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body in - Rules of Procedure - Expelling Members Your letter of April 5, 1960, has been received and referred to me for reply. You state Burlington's president of the board of village trustees left Burlington last September and did not return until recently; that he was absent for approximately seven months; that in February "the other two board members appointed another man from that ward to take his place to serve out the rest of the term;" that the party appointed accepted the appointment, signed the o

OPINION 60-93 April 5, 1960(OPINION) EDUCATION RE: Reorganized School Districts - Discontinuance of Schools We have received your letter dated April 4, 1960, with reference to closing schools in reorganized districts. The facts in your case are as follows: Unity School District No. 80 in Petersburg, North Dakota, was recently reorganized. The plan provided for keeping open the elementary schools at Petersburg, Dahlen and Niagara. Now in order to reduce operating costs the district wishes to discontinue the seventh and eighth grades at Dahlen and Petersburg and send the pupils to th

OPINION 60-291 April 1, 1960(OPINION) WATERS RE: Water Conservation Commission - Water Supply Plant - Approval of State Dept. of Health Required This in in response to your letter of March 25, 1960, in which you ask two questions concerning the authority of the State Health Department to approve wells used in municipal water supply systems. Your first question is: 1. Is the policy of the North Dakota State Department of Health requiring, prior to the placing on the market for bids and the construction of municipal sewag

OPINION 60-73 March 31, 1960 (OPINION) COUNTIES RE: Salaries of County Officers - County Commissioners This is in reply to your request for an interpretation and construction of section 11-1010 of the 1957 Supplement. The complexity of the question apparently resulted from the fact that the expenditures, compensation, reimbursement, and so forth, are on a fiscal year basis, whereas the county commissioners' terms are four years, beginning with the first Monday of January succeeding their election. In other words, normally a commissioner leaves office on the first Monday of January, a

OPINION 60-46 March 30, 1960(OPINION) COUNTIES RE: County Budget - Transference of Funds - Poor Relief Funds This is in reply to your letter in which you state that on your recent examination of the offices of Pierce County your examiners found that the Board of County Commissioners transferred $1,500.00 of institutional funds and $12,000.00 of poor relief funds to the general fund of the county to provide funds for the general expenses of the county. You then ask whether such transfer is permissible and proper and whether they are required to be restored. As to the item relating to in

OPINION 60-124 March 30, 1960(OPINION) GOVERNMENTAL FINANCE RE: Depositories of Public Funds - Time of Designation Re: Chapter 21-04 - Depositories of Public Funds This is in reply to your letter in which you state that Williams County is confronted with the problem relating to the time when the County Commissioners may designate depositories of public funds. The question is whether or not the commissioners may designate depositories only during the regular meeting in January of each even numbered year or at some other time. The main question is with reference to the construction of S

OPINION 60-284 March 23, 1960 (OPINION) TOWNSHIPS RE: Powers of - Gifts This is in reply to your letter of March 21, 1960 in which you request the opinion of this office as to the legality of a proposed gift of one hundred dollars of township funds to the Red Cross, which proposed gift was unanimously voted by the electors of Eden Township at a regular township meeting. Section 58-0302 of the N.D.R.C. of 1943 provides that: No township shall possess or exercise any corporate powers except those enumerated in this chapter, those specially given by

OPINION 60-196 March 23, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Parks and Park Districts - Board of Park Commissioners - Vacancy Re: Filling Vacancy on Board of Park Commissioners This is in reply to your letter of March 21, 1960, in which you ask certain questions concerning the above matter. You state the facts as follows: The regular term of office of two members of the Board of Park Commissioners has expired. They have filed nominating petitions and are running for reelection. Four other candidates have also filed nominating petitions for election to

OPINION 60-89 March 21, 1960(OPINION) EDUCATION RE: Powers and Duties of School Board - Power to lease Building We have received your letter dated March 16, 1960, requesting an opinion on the following matter. Mott School District is a common school district. The district wishes to lease the National Guard armory for use in its physical education and athletic program. You ask whether under present law the district is empowered to enter into such lease agreement. Physical education and athletic programs have become a recognized part of the school curricula in this country and credits

OPINION 60-51 March 21, 1960 (OPINION) COUNTIES RE: County Park Board - Expenditure of Funds Outside of District This is in reply to your question whether or not a county park board under chapter 11-28 of the 1957 Supplement to the North Dakota Revised Code of 1943 can expend funds received through taxation beyond its geographical area. The contemplated expenditure would be on property on which the county would either acquire control or a long term lease. You also ask whether the park board could grant money to a nonprofit corporation to be used by such corporation for the developmen

OPINION 60-68 March 18, 1960 (OPINION) COUNTIES RE: Public Libraries - Library Fund This is in reply to your request for an opinion of this office in regard to the handling of tax moneys raised by LaMoure and Logan Counties for rendering library service in such counties. You inform us that the two counties have jointly approved a plan for the rendering of such services under the Library Services Act, Pub. L. No. 597, Eighty-fourth Congress, and acts amendatory thereto. Pursuant to section 40-3802 of the 1957 Supplement to N.D.R.C of 1943, both counties have been levying one mill for a

OPINION 60-70 March 8, 1960 (OPINION) COUNTIES RE: Public Libraries - Petition for Establishment This is in reply to your letter of February 23, 1960, requesting the opinion of this office in regard to the number of signatures necessary to authorize a board of county commissioners to levy a library fund tax under the provisions of section 40-3802 of the 1957 Supplement to the North Dakota Revised Code of 1943. Section 40-3801 of the 1957 Supplement to the North Dakota Revised Code of 1943 provides: "Public Library and Reading Room - Establishment - Election. Th

OPINION 60-135 March 2, 1960(OPINION) INSANE, FEEBLEMINDED, ETC. RE: Expense and Care of Patients - Person Legally Responsible This is in reply to your request for an opinion on the question whether or not the father, mother or guardian would be personally responsible for the support of their child at the state school. You also ask, "If so, to what age would this liability for support continue? In other words, would liability for support of child end at majority?" The question pertains to Chapter 25-08 of the N.D.R.C. as amended. More specifically, the provisions of Section 25-0822 o

OPINION 60-108 March 1, 1960 (OPINION) ELECTIONS RE: Special Elections - Absent Voters' Ballots This is in reply to your request for an opinion whether or not absent voters ballots for the senatorial election to be held in conjunction with the primary election this year can be used. The North Dakota Supreme Court had under consideration a similar question in the case of State ex rel Lanier v. Hall, 23 N.W.2d. 44, 74 N.D. 426. In this case the court held that absent voters' ballots may be cast only at general and primary elections. The court further pointed out that the mere fact that

OPINION 60-198 February 25, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Powers of - Exchange of Realty This office is in receipt of your opinion request of February 16, 1960. You state: (1) that several years ago the City of Mandan, which operates under the commission form of government, purchased a substantial amount of real property in what is known as the Henke Flats, for the purpose of storing and ponding the flood waters of the Heat River and as a future site for a sewage lagoon: (2) that the subsequently created Lower Heart River Water Conservation and Flood Control District enco

OPINION 60-259 February 18, 1960 (OPINION) STATE HISTORICAL SOCIETY AND STATE PARKS RE: Committees - Authority to Acquire Property This is in reply to your letter in regard to the leasing of two tracts of land which have been developed for recreation on the Garrison Reservoir. You inform us that the State Parks Committee has made application to the Corps of Engineers for the lease of said two tracts of land. The lease contemplates a term of twenty-five years or more. The lease would be given to the state without cost. The State Historical Society generally and the State Parks Commit

OPINION 60-248 February 10, 1960 (OPINION) STATE GOVERNMENT RE: Emergency Commission - Payment of Expenses of Special Labor Law Committee from State Contingency Fund This is in response to your letter in which you state that: "House Concurrent Resolution 'G-2' authorized the Governor to appoint a special committee consisting of members of the Legislative Assembly, the general public, and such other persons as the Governor may determine to study and examine the labor laws of the State of North Dakota during the 1959-61 biennium and to make its report and recommendations to the Governor

OPINION 60-151 February 10, 1960 (OPINION) STATE GOVERNMENT RE: Legislative Assembly - Members Constitutional Ineligibility for Other Civil Office, When This is in reply to your letter in which you ask for an interpretation of the N. D. laws and constitutional provision. You set forth Section 39, Article 2 of the North Dakota Constitution which reads as follows: "No member of the legislative assembly shall, during the term for which he was elected, be appointed or elected to any civil office in this state, which shall have been created, or the emoluments

OPINION 60-280 February 2, 1960 (OPINION) TAXATION RE: Township Board of Equalization - Raising of Valuation - Notice This is in reply to your letter of January 27, 1960 requesting an opinion on interpretation of section 57-0904 of the N.D.R.C. of 1943. The language in question is as follows: . . . . The assessment of the property of any person shall not be raised until such person shall have been notified of the intent of the board to raise the same. . . ." The North Dakota Supreme Court in Martin v. County of Burleigh, 38 N.D. 373 (165 N.W. 520) had under consideration a similar s

OPINION 60-184 January 28, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Governing Body - Change of Ward Boundaries - Aldermen This is in reply to your question whether an alderman who was duly elected can continue to hold such office until his successor is duly elected and qualified after a change in boundaries was accomplished placing him in another ward, or whether such would declare the office vacant immediately upon the establishment of new boundaries. The section of law which is involved is 40-0805 of the 1957 Supplement, which as material to the question is: No person shall be elig

OPINION 60-33 January 25, 1960 (OPINION) BUILDING AND LOAN ASSOCIATIONS RE: Organization, Etc. - Supervision by State Banking Board This is in reply to your question whether or not a savings and loan association must first submit any change to its articles of incorporation to the State Banking Board for its approval before submitting such changes to the Secretary of State for filing. Under section 7-0103 of the 1957 Supplement of the N.D.R.C. of 1943 the last paragraph states: Immediately upon the preparation of such articles of incorporation, and before the same are filed in the offi

OPINION 60-204 January 21, 1960 (OPINION) MUNICIPAL GOVERNMENT RE: Public Recreation System - Funds This is in reply to your letter of January 18, 1960 in regard to the handling of funds collected by a two and a half mill tax levy for a city recreation system pursuant to section 40-5509 of the 1957 Supplement to the N.D.R.C. of 1943. You point out that the Public Recreation System Act, (chapter 40-55 of the 1957 Supplement to the N.D.R.C. of 1943), does not specifically set out the manner of handling the moneys collected. You express the opinion that the funds would be payable

OPINION 60-38 January 12, 1960 (OPINION) CORPORATIONS RE: Business Corporation Act - Penalties Imposed Upon Corporations - Failure to File Annual Report This is in reply to your request for an interpretation and construction of section 10-2303 of the 1957 Supplement to the N.D.R.C. of 1943. The material portion of this section as pertaining to your question is: PENALTIES IMPOSED UPON CORPORATIONS. Each corporation, domestic or foreign, that fails or refuses to file its annual report for any year within the time prescribed by this Act (chapters 10-19, 10-20, 10-21, 10-22, a

OPINION 60-94 January 6, 1960 (OPINION) EDUCATION RE: Sale of Original Grant Lands - Bid Computation This is in reply to your letter of December 29, 1959, requesting an opinion of this office in regard to the sale of original grant school or institutional lands identified as Lots 1, 2, 3, and 4 of Section 36-129-79 Emmons County. You inform us that the original grant to the State of North Dakota indicated that said Lots 1, 2, 3, and 4 of Section 36-129-79 comprised 129.50 acres. As of the last inspection of same, dated December 17, 1959, only 14 acres of said description remained out

OPINION 60-295 January 4, 1960 (OPINION) WORKMEN'S COMPENSATION RE: Boiler Inspector - General Requirement - Exception This is in reply to your request for an opinion on chapter 65-12 of the 1957 Supplement to the N.D.R.C. of 1943. The main question apparently is the meaning of the word "in" as found in subsection 3 of section 65-1204 which provides as follows: GENERAL REQUIREMENT. . . . Nothing in this Act (chapter) shall be construed to apply to: . . . . 3. Boilers carrying a pressure of not more than fifteen pounds per square inch which are equipped with safety devices