North Dakota AG Opinions, 1973

OPINION 73-134 April 10, 1973 (OPINION) Mr. Orville A. Schultz State's Attorney Oliver County Center, ND 58530 Dear Mr. Schultz: This is in reply to your letter of April 4, 1973, in regard to payment of salary and travel expenses of your County Housing Authority Committee. You indicate your committee has no funds of their own and desires an opinion as to whether the county can pay their salary and travel expenses pursuant to section 23-11-05 of the North Dakota Century Code. Section 23-11-05 of the North Dakota Century Code provides in part: "23-11-05. * * * * A commissione

OPINION 73-104 April 9, 1973 (OPINION) Donald L. Moum, D.D.S. Secretary-Treasurer North Dakota Board of Dental Examiners Box 547 Mandan, ND 58554 Dear Doctor Moum: This is in response to your letter in which you request an opinion whether or not a professional dental corporation organized under Chapter 10-31 of the North Dakota Century Code may use a trade name or false name as its corporate name. You also call our attention to section 43-28-18 of the North Dakota Century Code and specifically subsection 11 which provides as follows: "43-28-18. GROUNDS FOR REVOCATION OR

OPINION 73-434 April 5, 1973 (OPINION) The Honorable Arthur A. Link Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of April 4, 1973, relative to the Director of Institutions. You state the following facts and questions: "State law requires that the Director of Institutions be confirmed by the State Senate. During the recent session of the Legislature, I submitted two names to the State Senate, including the name of the incumbent Director of Institutions, and both of these names were rejected. "I now h

OPINION 73-437 April 4, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58501 Dear Governor Link: This is in reply to your letter of March 28, 1973, with regard to the interpretation of section 54-06-10 of the North Dakota Century Code, which you letter quoted in full. You state that the North Dakota State Electrical Board has informed you that since all expenditures for cost of administration of the board, including out-of-state travel expenses, are derived from fees rather than appropriated tax funds, the board will no longer submit out-of-s

OPINION 73-486 March 23, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of March 22, 1973, concerning Senate Bill 2209. You note the bill has been passed by the Legislative Assembly and, as amended, specifies that a vice chairwoman is to be selected as an officer of the district committee of a political party. You state the following additional facts and questions: "It must be assumed that the 'vice chairwoman' must be a female. Must it also be assumed, therefore, that the bill woul

OPINION 73-113 March 23, 1973 (OPINION) Mr. John O. Garaas State's Attorney 10 1/2 Broadway Fargo, ND 58102 Dear Mr. Garaas: This is in response to your letter in which you ask for an opinion on the following questions: . Would the township supervisors have authority to license and charge a fee for the sale of fireworks within the township in addition to the permit provided for in section 23-15-04 of the North Dakota Century Code? (See Powers of Townships in section 58-03-01, 58-03-07, 58-06-01, N.D.C.C.) . Would the Board of County Commissioners have authority to li

OPINION 73-269 March 22, 1973 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58501 Dear Governor Link: This is in response to your inquiry of March 21, 1973, in which you have enclosed a telegram that you recently received from officers of Local 7738, United Steelworkers of America. The telegram reads as follows: "ZCZC 04089 NL TD AFG DICKINSON NDAK 114 03-18 75OP CST PMS GOVERNOR ARTHUR LINK, DELIVER BISMARCK NDAK WE CALL UPON YOU AND YOUR GOOD OFFICE TO ASSIST IN BRINGING ABOUT A SETTLEMENT OF THE LABOR DISPUTE AT HUSKY INDUSTRIES INC AT DIC

OPINION 73-285 March 8, 1973 (OPINION) Colonel Ralph M. Wood North Dakota Highway Patrol Capitol Building Bismarck, ND 58501 RE: Section 39-04-18, N.D.C.C. Vehicles Required to be Registered Dear Colonel Wood: Your request, dated March 1, 1973, in asking for an opinion from this office states: "A question has been raised relative to the provisions of Section 39-04-11 of the North Dakota Century Code. Specifically, the question is whether or not a contractor's vehicles working on highway construction projects, either on new construction or old highways under construction,

OPINION 73-595 March 7, 1973 (OPINION) Mr. D. K. Stetson State's Attorney Ransom County Lisbon, ND 58054 Dear Mr. Stetson: This is in response to your letter of March 6, 1973, with regard to giving notice of the annual township meeting. You inform us that it seems to be quite a common practice for the clerk of a township to give notice of the annual meeting by merely publishing the notice of such meeting in a local paper, either once or twice. You state that upon reading over section 58-04-01 of the North Dakota Century Code, it seems to you that technically there is no pr

OPINION 73-122 March 7, 1973 (OPINION) Mr. James E. Sperry Superintendent State Historical Society Liberty Memorial Building Bismarck, ND 58501 Dear Mr. Sperry: This is in response to your letter of February 20, 1973, with regard to county historical societies. You inform us that you have been contacted by members of the Board of Directors of a named county historical society for advice in broadening their activities to include financial support to several museums in the county. You indicate that their county historical society was originally organized under the name of "F

OPINION 73-554 March 5, 1973 (OPINION) Mr. George M. Ackre State's Attorney Towner County Cando, ND 58324 Dear Mr. Ackre: This is in response to your letter asking for an opinion whether or not a tax levy spread pursuant to Section 57-15-06.3 of the North Dakota Century Code pertaining to a levy for federally assisted farm to market roads should be spread on the 1972 real estate taxes payable in 1973, or on the 1973 taxes which are payable in 1974, in the specific instance where the election was held on November 7, 1972, in which the approval of the electorate was given. Yo

OPINION 73-254 March 1, 1973 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, North Dakota Dear Mr. Sanstead: This is in reply to your letter of march 1, 1973, in which you request an opinion from this office clarifying a question that has arisen regarding House Bill 1200 which provides for a conditional transfer of funds to the college building fund. The question is whether the amount of state funds designated for a particular building limits the cost of the building to that amount or whether the cost of the building could be supplemented

OPINION 73-256 February 28, 1973 (OPINION) The Honorable Arthur Bunker Speaker of the House of Representatives State Capitol Bismarck, North Dakota Dear Mr. Speaker: This is in reply to your request for an opinion of this office clarifying the status of the revenue bonds issued by the State Board of higher Education pursuant to the provisions of chapter 15-55 of the North Dakota Century Code. The revenue bonds issued pursuant to the provisions of chapter 15-55 of the North Dakota Century Code are not full faith and credit bonds of the State of North Dakota or of the institutio

OPINION 73-99 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter in which you ask for an opinion on the validity and constitutionality of Senate Bill 2302 which is attached and in which the amendments are filled in. The provisions of Senate Bill 2320 as amended provide for adjusted compensation from July 1, 1958, and ending August 5, 1964, for those men and women who served in Vietnam during that period an

OPINION 73-383 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter of February 22, 1973, requesting my "opinion as to whether or not the provisions of section 57-58-01, particularly the first sentence thereof, will be operative and apply to school districts which will receive personal property replacement funds through the foundation program as provided for in Senate Bill 2026." Since Senate Bill 2026 as me

OPINION 73-173 February 26, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Representative Bunker: This is in response to your letter of February 23, 1973, wherein you request an opinion concerning section 2-07-06.1 of the North Dakota Century Code, as amended, in relation to possible effects of certain provisions of Senate Bill No. 2278 currently under consideration by the 1973 Legislative Assembly. You submit the following in your letter of inquiry: "I hereby request

OPINION 73-477 February 21, 1973 (OPINION) The Honorable Art Bunker Speaker of the House of Representatives North Dakota Legislative Assembly State Capitol Bismarck, North Dakota 58501 Dear Representative Bunker: This is in response to your request for an opinion with reference to the last two sentences of Section 54-06-14 as amended. Section 54-06-14 was amended by Chapter 378 of the 1965 Session Laws (House Bill No. 913). The bill as introduced was amended by striking everything after the words "a bill" and by substituting in lieu thereof the language that no appears in S

OPINION 73-96 February 12, 1973 (OPINION) The Honorable Wayne Sanstead President of the Senate Forty-third Legislative Assembly State Capitol Bismarck, ND 58501 Dear Mr. Sanstead: The question has been presented as to whether the legislature may establish a starting date for payment of the bonus to the Vietnam Conflict veterans different from that contained in chapter 37-25 of the North Dakota Century Code. That date is presently August 5, 1964. See section 37-25-02(1) of the North Dakota Century Code. The authority for the enactment of Chapter 37-24 of the North Dakota

OPINION 73-481 February 9, 1973 (OPINION) Mr. Bruce L. Bartch Director Business and Industrial Development Department State Office Building Bismarck, North Dakota 58501 Dear Mr. Bartch: This is in reply to your letter of February 7, 1973, in which you request an opinion regarding the North Dakota Indian Development Fund as authorized in Chapter 54-34.2 of the North Dakota Century Code. You state the following facts and questions: "This opinion request deals with the applicability of a project for Indian Development Fund monies as a condition required by a federal agency. S

OPINION 73-261 February 7, 1973 (OPINION) Representative Vernon E. Wagner Forty-third Legislative Assembly House Chamber State Capitol Bismarck, North Dakota Dear Mr. Wagner: This is in response to your request for an opinion concerning section 26-08-11 of the North Dakota Century Code, as amended. We understand that your request is pursuant to inquiry submitted to you by Blue Shield of North Dakota, by letter of date, January 24, 1973. The text of the inquiry is as follows: "As you may know, section 26-27-11 of the North Dakota Century Code having to do with Blue Shield p

OPINION 73-448 February 2, 1973 (OPINION) Mr. Walter R. Hjelle Commissioner North Dakota Highway Department Capitol Grounds Bismarck, North Dakota 58501 Dear Mr. Hjelle: This is in response to your letter in which you state the following: "One of the provisions of Section 39-06-37, N.D.C.C., states: 'If any person fails to return to the commissioner any license or permit which has been cancelled, suspended, or revoked, the commissioner shall direct any highway patrolman or peace officer to secure possession thereof and return the same to the commissioner.' 'In the attached

OPINION 73-620 January 30, 1973 (OPINION) Mr. Lester J. Trnka City Attorney Box 88 Oakes, ND 58474 Dear Mr. Trnka: This is in reply to your letter of January 23, 1973, with regard to you city's planning and zoning ordinance and commission. You inform us that on November 13, 1968, your city council by ordinance created a Planning Commission and requested that same make a master plan for the physical development of the municipality and of any land outside its boundaries which, in the commission's judgment, bears a relation to the planning of the municipality. You indicate th

OPINION 73-372 January 30, 1973 (OPINION) Ms. Helen Foghty President Devils Lake School District Devils Lake, ND 58301 Dear Ms. Foughty: RE: Lake Region Junior College Revenue Bonds of 1972, $1,250,000 As requested, we have examined the certified copies of the proceedings pertaining to the bond issue in the amount of $1,250,000 known as Lake Region Junior College Revenue Bonds of 1972; in addition we have examined a certified copy of the bond as well as a specimen copy of the bond. The authority for issuing such bonds is based on chapter 15-55 of the North Dakota Century

OPINION 73-494 January 29, 1973 (OPINION) Major General La Clair A. Melhouse Office of the Adjutant General P. O. Box 1817 Bismarck, ND 58501 Dear Major General Melhouse: This is in response to your letter in which you state the following: "Paragraph 1, section 37-25-02 North Dakota Century Code reads as follows: 1. 'Period of service' means the period of time beginning August 5, 1964 and ending on a date prescribed by the President or the Congress for the cessation of hostilities in Vietnam. "The question: If the cease fire agreement as announced by President Nixon at

OPINION 73-460 January 29, 1973 (OPINION) Mr. Corliss F. Nelson State Superintendent of Construction Office of Secretary of State State Capitol Bismarck, North Dakota 58501 Dear Mr. Nelson: This is in reply to your letter of January 19, 1973, with regard to the rulemaking power of the State Superintendent of Construction under Chapter 54-21.1-01. Your question is stated as: "Can the Construction Superintendent, with approval of the State Electrical Board, State Plumbing Board, State Fire Marshal and the North Dakota Mobile Home Dealers, promulgate changes or additions other

OPINION 73-523 January 22, 1973 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, ND 58501 Dear Lieutenant Governor Sanstead: This is in response to your letter of January 17, 1973, wherein you ask for my opinion on the question of whether the tax that is provided for in Senate Bill No. 2096 which has been introduced in the 1973 Legislature would be constitutional if the bill is enacted into law. You are particularly concerned with charges that the tax would be an unconstitutional restoration of the tax on personal property that was repea

LETTER OPINION 73-570 January 18, 1973 (OPINION) Mr. Dale W. Moench City Attorney P. O. Box 1157 Dickinson, ND 58601 Dear Mr. Moench: This is in response to your letter in which you state the following: "The Dickinson City Commission has requested that I write for an opinion regarding Section 40-57.1-06, as amended, of the North Dakota Century Code. "The problem involves a local manufacturing firm which received a property tax exemption and income tax exemption on February 10, 1970. This property tax exemption and income tax exemption were for a period of five years. Rec

January 10, 1973 Mr. Hugh McCutcheon City Attorney PO Box 939 Minot, North Dakota 58701 Dear Mr. McCutcheon: This is in reply to your letter of January 2, 1973, in which you enclosed a copy of an opinion dated January 2, 1973, address to the Mayer and City Council of the City of Minot concerning field notes and work product of the city assessor and whether they are open to public inspection. We have read the opinion and the statutes and cases cited therein and we are in agreement with the conclusions reached in the opinion. We might further note, in support of your conclusion, that section 40-

LETTER OPINION 73-13 January 9, 1973 (OPINION) The Honorable A. G. Bunker Speaker of the House North Dakota Legislative Assembly State Capitol Bismarck, ND 58501 Dear Mr. Bunker: This is in response to your request for an opinion on Senate Bill 2034 which authorizes the North Dakota Outdoor Recreation Agency to determine those tracts of school land under the jurisdiction of the Board of University and School Lands having exceptional scenic, archaeological, historical, recreational, conservational, or wildlife enhancement value, and to prohibit the sale of these lands unless a

LETTER OPINION 73-265 January 4, 1973 (OPINION) Mr. J. O. Wigen Commissioner of Insurance Insurance Department State Capitol Bismarck, ND 58501 Dear Mr. Wigen: This is in response to your letter of December 19, 1972, wherein you request an opinion of this office regarding section 26-31-01 of the North Dakota Century Code, relating to automobile warranties. You submit the following facts and inquiry in your letter: "We would appreciate your opinion on the interpretation of section 26-31-03 of the North Dakota Century Code. The question is 'Should the commissioner of insur

OPINION 73-440 January 3, 1973 (OPINION) Mr. Walter R. Fiedler Director of Institutions State Capitol Bismarck, ND 58501 Dear Mr. Fiedler: This is in response to your letter in which you state the following: "I do hereby request an opinion by your office in regard to Burial Accounts at the Grafton State School. The Burial Fund is kept in the Walsh County Bank and the Grafton National Bank in the form of Certificates of Deposit entitled Residents' Personal Welfare and Last Rites Account. These accounts, totaled as of December 31, 1971, $342,174.30, and there is some conce