North Dakota AG Opinions, 1962

OPINION 62-71 February 27, 1962 (OPINION) COUNTY FAIR RE: Levy Limitation - Mandatory or Discretionary Levy This is in reply to your letter of February 10, 1962, concerning the above matter. You state that in 1918, an election was held in Towner County on the question of supporting the county fair with tax money. The vote carried in favor of the fair. In preparing the budget, the commissioners now feel that funds are not available within the eighteen mill limitation and made no budget for the fair. It is your opinion that an appropriation for a fair comes within the eighte

OPINION 62-56 February 26, 1962(OPINION) COUNTIES RE: County Officers - Salaries This is in response to your letter in which you refer a request for an opinion from the county commissioners on the subject of salaries for county officials. This request is referred to our office on the basis that your salary as State's Attorney is or will be affected by the opinion. The law in question, upon which an opinion is requested, was amended by Chapter 123 of the 1961 Session Laws, amending section 11-10-10 and provides as follows: SALARIES OF COUNTY OFFICERS. . . . 2. The county auditor, co

OPINION 62-64 February 23, 1962 (OPINION) COUNTIES RE: Sale of County Property - Procedure This is in response to your letter in which you ask for an opinion as to whether or not the Board of County Commissioners has the authority to sell certain real estate owned by Benson County and used in connection with the Benson County Agricultural School. The intended purchaser is Maddock School District No. 9. The property is intended to be used for a permanent site for a school building to be erected by Maddock School District No. 9. The question then is whether or not Benson County has t

OPINION 62-152 February 23, 1962 (OPINION) MOTOR VEHICLES RE: Implied Consent Law - Confidential Information This office acknowledges receipt of your letter of February 19, 1962, in which you ask for our opinion relative to the interpretation ofsection 39-20-02 of the North Dakota Century Code. You are concernedwith the last sentence of this section which reads as follows: . . . . Upon the request of the person who is tested, full information concerning the test or tests taken at the direction of the law enforcement officer shall be made available to him." You state that the physici

OPINION 62-84 February 21, 1962 (OPINION) DISTRICT JUDGE RE: Elections - Vacancy This is in response to your request for an opinion on the question whether or not the office now held by Ray R. Friederich as judge of the Second Judicial District is to be certified to the County Auditors in the Second Judicial District as one for which nominations will be made at the 1962 primary elections pursuant to the provisions of Section 16-04-11. The facts to be taken under consideration are as follows: At the November General Election of 1960, Roland A. Heringer was ele

OPINION 62-200 February 13, 1962(OPINION) SCHOOL DISTRICTS RE: Reorganization - Bonded Indebtedness This is in reply to your request for an opinion, telephone conversations and conferences with individuals who came down to this office at your suggestion in regard to the reorganization problem in Scotia Special School District, Landa, North Dakota. You inform us that the district has a bonded indebtedness of some $99,000.00 where the assessed valuation on the 50% basis is approximately $500,000.00. Computing the debt limit of the district pursuant to Section 183 of the North Dakota Consti

OPINION 62-199 February 13, 1962 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Approval of Alteration of Boundaries This is in response to your letter in which you ask whether or not it is necessary that a county superintendent must first recommend changes in boundaries of a reorganized school district before any other steps may be taken by individuals, school boards, and/or county committees to develop plans of reorganization. This question is governed by section 15-53-23 of the N.D.C.C. and provides as follows: "REORGANIZED BOUNDARIES OF SCHOOL DISTRICTS NOT TO BE ALTERED WITHIN F

OPINION 62-41 February 1, 1962 (OPINION) CITIES AND VILLAGES RE: Water Supply - Election This office is in receipt of your letter under date of January 26, 1962 in which you say that the city of Dickinson is in immediate need of a supply of water in addition to 1100 acre-feet annually which the city, on September 24, 1949, agreed to purchase from the United States over a period of forty years, pursuant to the terms of a contract entered into with the United States, acting through the Bureau of Reclamation of the U. S. Department of the Interior. You say that the city has completed nego

OPINION 62-35 January 30, 1962 CITIES AND VILLAGES - Funds - Disposition This is in reply to your letter under date of January 26, 1962, in which you request the opinion of this office as to whether the city of Ellendale may donate money to a private corporation for the development of a dam site and whether the city may make a contribution to the local water conservation and flood control district or to the State Water Conservation Commission, if called upon to do so. With reference to your first question, we direct your attention to section 185 of the State Co

OPINION 62-155 January 25, 1962 (OPINION) MOTOR VEHICLES RE: Vehicles for Hire - Street - Railways This is in response to your letter in which you ask for an opinion on the interpretation of subsection 3 of section 39-10-43. This subsection provides: 3. This section shall not apply at street-railway grade crossings within a business or residence district." (Underscoring ours). The preceding subsections, all of which comprise section 39-10-43 to which subsection 3 has reference, substantially provides that certain vehicles carrying passengers for hire, or carrying explosive

OPINION 62-118 January 12, 1962 (OPINION) GOVERNOR RE: Insurance Commissioner - Report Your letter of January 3, 1962, together with attached letters, has been received and the contents thereof duly noted. You make certain comments on our opinion issued to the State Insurance Commissioner on December 28, 1961, and also request further clarification of that opinion by asking several specific questions with regard thereto. We shall not comment on your observations concerning our recent opinion to the Insurance Commissioner, but shall proceed directly to the questions you have p

OPINIONS 62-148 January 5, 1962 (OPINION) MOTOR VEHICLES RE: Emergency Vehicles - Use of Red Lights Your letter request for an opinion dated December 28, 1961, has been received by this office. You state that a situation is developing in our state in which privately owned and operated wreckers are mounting and using red flashing lights both within municipalities and on the highways of this state. You relate further that the question seems to revolve around the interpretation of sections 39-10-03, 39-11-20, 39-11-35, and Definitions no. 28 and no. 60 of title 39 of the North D

OPINION 62-74 January 2, 1962 (OPINION) COUNTY JUSTICE RE: County Judge - Compatibility of Offices This is in response to a question presented by Mr. Lowe, one of your deputy examiners, which you in turn referred to this office. From the information submitted, it appears that the Richland County Judge was also appointed County Justice on June 27, 1961, to act in such capacity effective July 1, 1961. As reported by Mr. Lowe, "His salary was set at two thousand dollars per annum, payable monthly, which is included with the amount of salary he receives as County Judge." We are

OPINION 62-215 January 2, 1962 (OPINION) SCHOOL DISTRICTS RE: Transportation - Pupils Attending Nonpublic Schools This is in reply to your letter of December 14, 1961, in which you enclose a letter from the Rugby Public Schools under date of March 18, 1960. This letter concerns transportation for children who do not attend public schools. You ask for our opinion relative to the transportation plan of Rugby wherein children are to be taken in public schoolbuses to the nonpublic school in Rugby. The plan is set forth at length in the enclosure with your letter. This office has p