North Dakota AG Opinions, 1965

OPINION 65-419 July 9, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Trade-In allowance During a recent conference, at which you were present, questions were raised as to the specific provisions of House Bill No. 809 (chapter 421, 1965) and their application as a result of the opinion issued by this office dated June 26, 1965. The specific question raised was whether or not trade-in allowances should or should not be used in computing the tax to be paid. The instruction sheet you sent out to various retailers based on the opinion directed that tr

OPINION 65-247 July 7, 1965 (OPINION) Mr. Paul Agneberg State's Attorney Towner County RE: Schools - Bonded Indebtedness - Removal of Buildings This is in reply to your letter of June 23, 1965, in regard to removal of residence buildings from bonded school districts by Indians to situses on the Indian Reservation. You call our attention to section 40-01-08 of the North Dakota Century Code providing: REMOVAL OF BUILDING WHEN TAXES AND SPECIAL ASSESSMENTS OR SHARE OF BONDED INDEBTEDNESS ARE DUE - LIEN - MISDEMEANOR. No person shall remove from any lot or tract of land in any

OPINION 65-441 July 6, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Townships - Zoning - County Regulations This is in reply to your request for an opinion of this office construing chapter 11-33 of the North Dakota Century Code, by reference thereto, certain provisions of chapter 58-03 of the North Dakota Century Code with specific regard to the provision of section 11-33-20 of the North Dakota Century Code that: The provisions of this chapter shall in no way prevent townships from making regulations as provided in sections 58-03-11 to 58-03-15, i

OPINION 65-76 June 28, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Counties - Officers Salaries This is in reply to your letter of June 22, 1965, relative to House Bill 677 enacted by the 1965 Legislative Assembly. This bill, as you have noted in your letter, increases the salaries of county officials. You state the following facts and questions: "It appears that under subsection b of section 2 that the salaries of the county officials shall be at the rate of $5000.00 in counties of a population exceeding 8,000 population plus additional compen

OPINION 65-215 June 28, 1965 (OPINION) Mr. Eugene Rich State Examiner RE: Officers - Political Subdivisions - Travel Expenses This is in reply to your letter of June 21, 1965, relative to section 44-08-04 of the North Dakota Century Code, as amended by House Bill No. 531. You state the following facts and questions: "Section 44-08-04 as amended by House Bill 531 changes procedure for claiming travel expense. It appears that this section applies to political subdivisions of the state as well as state employees. "Section 21-05-01 of the Century Code also provides for some p

OPINION 65-73 June 24, 1965 (OPINION) Mr. Eugene Kruger State's Attorney Cass County RE: Counties - Funds - Investment This is in reply to your letter of June 10, 1965, in regard to investment of surplus funds by the governing body of the county. You are considering the possibilities of the governing body of the county depositing such funds, and funds which are not needed for an appreciable period of time in the future, in public depositories in this state. You are familiar with section 21-06-07 of the North Dakota Century Code with regard to allowing surpluses to be investe

OPINION 65-186 June 24, 1965 (OPINION) Mr. Walter Christensen State Treasurer RE: Motor Vehicles - Number Plate Fee - Distribution This is in reply to your letter of June 8, 1965, in which you set forth the following facts and question: "In view of the change in section 39-04-12, due to the passage of Senate Bill 140 of the North Dakota Century Code, which places all collections and existing balances of the revolving fund in the Motor Vehicle Registration Fund, as of July 1. "Would the existence of such funds be distributed to the municipalities according to section 39-04-39,

OPINION 65-131 June 24, 1965 (OPINION) The Honorable K. O. Nygaard Commissioner of Insurance RE: Insurance - Public Buildings - Bids for Reinsurance This is in response to your request for an opinion relating to reinsurance of risks under the provisions of section 26-24-22, as amended, of the North Dakota Century Code. This section was amended by Senate Bill No. 340 of the 39th Legislative Assembly, at which time some substantive and procedural changes were made. Senate Bill No. 340 was not an emergency measure and would not have gone into effect until July 1, 1965. Earlier

OPINION 65-223 June 22, 1965 (OPINION) Mr. Leslie O. Ovre Executive Director Public Welfare Board RE: Parents - Support of Stepchildren - Responsibility This is in reply to your letter of June 3, 1965, which we received June 19, 1965, relative to the above matter. You state the following facts and question: "Enclosed is a copy of Senate Bill No. 47, which was passed by the Thirty-ninth Legislative Assembly and which becomes law, effective July 1, 1965. "We would appreciate your opinion regarding section 2, lines 27 through the end of the sentence on line 30. Specifically,

OPINION 65-3 June 17, 1965 (OPINION) THE HONORABLE WILLIAM L. GUY Governor RE: Agriculture - Potato Development Commission - Unconstitutional This is in reply to your letter of June 14, 1965, in which you set forth the following facts and question: "The North Dakota Potato Development Commission is under Chapter 4-10A of the North Dakota Century Code. The terms of three members of this Commission will expire July 1, 1965. "In view of the North Dakota State Supreme Court ruling in Case Number 8134 filed February 22, 1965, I am requesting that your office inform me as to (1) w

OPINION 65-52 June 14, 1965 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Civil Rights - Public Facilities - Application of Statute This is in reply to your letter in which you advise that you have had some discussion with the Judge Advocate of the Grand Forks Air Base with reference to construction and interpretation of section 12-22-30 of the North Dakota Century Code, as amended. You further advise that there is a question in your mind as to whether or not the portion stating "other places" would be applicable to apartment dwellings. You specific

OPINION 65-312 June 14, 1965 (OPINION) Mr. Russell Reid Superintendent State Historical Society RE: State Historical Society - Exchange of Lands This is in reply to your letter of June 8, 1965, in regard to the provision of House Bill No. 541 of the past 1965 session of the Legislative Assembly, with regard to exchange of lands by the State Historical Society. This provision (section 7 of the bill as introduced, section 8 of the bill as amended) provides: SECTION 8.) Section 55-01-10 of the North Dakota Century Code is hereby created and enacted to read as follows: 55-01-

OPINION 65-44 June 10, 1965 (OPINION) Mr. L. M. Grandy City Alderman St. Thomas, North Dakota RE: Cities and Villages - Special Assessments - Election This is in reply to your letter of June 5, 1965, relative to a waterworks improvement district. You ask whether such a district may be established without a city wide vote thereon where water is already available from other sources. You note that in floating a bond issue against a water improvement district, up to 20 percent can be levied on all property in the city, including that part not in the district and, in the case o

OPINION 65-133 June 4, 1965 (OPINION) The Honorable K. O. Nygaard Commissioner of Insurance RE: Insurance - Public Buildings - Reinsurance This is in response to your letter in which you ask for an opinion on the provisions of Senate Bill No. 340 adopted by the Thirty-ninth Legislative Assembly, which amends and reenacts section 26-24-22 of the North Dakota Century Code. The Act pertains to the procedure of reinsurance through bids in the month of June of odd numbered years. The amendments to section 26-42-44 are both substantative and procedural. It could well be that the

OPINION 65-375 (June 3) June 3, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Motor Vehicle Use Tax - Administration This is in reply to your request for an opinion on the construction of Senate Bill No. 40 which amends §57-40.1-07 of the North Dakota Century Code. This bill also provides that the Tax Commissioner is to administer the motor vehicle use tax. You refer to a report of the 1965 Legislative Research Committee, which on Page #147 sets forth the following explanation of Senate Bill No. 40: ‘” Senate Bill No. 40-Tax Commissioner to Administer Motor Vehicle U

OPINION 65-373 June 3, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Increased Assessment - Notice This is in reply to your letter of 28 May 1965 in regard to the interpretation of Senate Bill No. 198 as enacted into law at the last session of the Legislation Assembly. You quote the enactment as follows: TLE: "To provide written notice to the real estate owner by the assessor that his assessment has been increased." ODY: "SECTION 1. WRITTEN NOTICE OF INCREASED ASSESSMENT TO REAL ESTATE OWNER. When any assessor or county board of equalization has incr

OPINION 65-152 May 26, 1965 (OPINION) Mr. Norton M. Hatlie Legal Counsel Public Service Commission RE: Libraries - State Documents - Deposit This is in reply to your letter of May 20, 1965, relative to Senate Bill 270 enacted by the recent Legislative Assembly. You state the following facts and question: I have been directed by the Public Service Commission to inquire in regard to the above statute. A literal reading of the statute has led the Commission to conclude that all publications emanating from this Commission must be sent to the State Library Commission. The only

OPINION 65-255 May 20, 1965 (OPINION) Mr. M. F. Peterson Superintendent Public Instruction RE: Schools - Federal Payments - Disposition This is in reference to a letter directed to this office by Mr. H. J. Snortland, Director of Finance and Statistics, on May 14, 1965, relative to funds received from the federal government as the state's share of bonuses, royalties, and rentals. Mr. Snortland's letter reads as follows: We have received a letter from Mr. Walter Christensen, State Treasurer, in regard to the funds received from the federal government in the amount of $83,358.

OPINION 65-504 May 19, 1965 (OPINION) Mr. Owen T. Owen Chairman Workmen's Compensation Bureau RE: Workmen's Compensation - Subrogation Rights - Prospective Applic This is in response to your letter in which you ask if the provisions of House Bill No. 898 as passed by Thirty-ninth Legislative Assembly amending section 65-01-09 of the North Dakota Century Code applies only to injuries sustained after the effective date of this Act, July 1, 1965, or if its provisions would also apply to such injuries sustained prior to July 1, 1965, but have not been disposed of by either settlem

OPINION 65-437 (May 19) May 19, 1965 (OPINION) Mr. J.B. Graham, State's Attorney Dickey County RE: Townships - Officers - Treasurer and Assessor This is in reply to your letter of 11 May 1965, requesting a written opinion from this office on whether or not a township treasurer can also be elected township assessor. You state that in glancing through the laws you cannot see where there would be any conflict between a township treasurer and a township assessor being both one and the same person. We recognize that while the township form of government may well be one of the corne

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