North Dakota AG Opinions, 1974

OPINION 74-280 March 11, 1974 (OPINION) Mr. Walter Christensen State Treasurer State Capitol Bismarck, ND 58501 Dear Mr. Christensen: This is in response to your letter in which you state the following: "North Dakota Century Code 54-27-19 regarding the Highway Tax Fund Distribution does not outline a specific method for the State Treasurer to use concerning motor vehicle registrations in making a monthly distribution. "It has been the policy of the State Treasurer's office in the past to use the monthly motor vehicle registration figures supplied by the Motor Vehicle Registr

OPINION 74-532 March 6, 1974 (OPINION) Mr. Wayne O. Solberg City Attorney P.O. Box 1897 Fargo, ND 58102 Dear Mr. Solberg: RE: Fargo Parking Authority - Tax Exemption This is in reply to your letter of February 12, 1975, in which you outlined a proposal whereby the Fargo Parking Authority created pursuant to Chapter 40-61 of the North Dakota Century Code, would purchase certain property for use for parking purposes. The authority proposes to lease the property (or enter into a contract for deed) with a private entity whereby the entity would lease at a sum sufficient to mee

OPINION 74-497 March 6, 1974 (OPINION) Mr. Thomas F. Kelsch State's Attorney Burleigh County P. O. Box 1901 Bismarck, ND 58501 Dear Mr. Kelsch: This is in reply to your letter in which you state the following: "Within the past year we have had several cases involving firearms and knives that were used by a defendant in the commission of a crime or were found on the person when he was arrested. In those instances we have requested, pursuant to section 62-04-04, North Dakota Century Code, that the weapon be forfeited. Unfortunately we find no procedure for disposing of th

OPINION 74-180 March 6, 1974 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Minot, ND 58701 Dear Mr. Thomas: This is in response to your letter of February 25, 1974, with regard to mileage for special service on county welfare board. You call our attention to the provisions of section 11-10-10, subparagraph 5 of the North Dakota Century Code regarding the maximum salary, together with mileage and expenses a county commissioner may receive. You state that this subsection provides in effect that the total shall not exceed $4,800.00 in counties with a population

OPINION 74-101 February 21, 1974 (OPINION) Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Mr. Meier: This is in response to your letter of 13 February, 1974, requesting an opinion from this office as to whether that sentence referring to fees in section 10-31-13 of the 1973 Supplement to the North Dakota Century Code means that the license fee under section 10-23-07 of the North Dakota Century Code would not be required. Said section 10-31-13 provides: "10-31-13. ANNUAL REPORTS. Each professional corporation organized under this chapter shal

OPINION 74-212 February 19, 1974 (OPINION) Mr. Ben Meier Secretary of State State Capitol Bismarck, ND 58501 Dear Mr. Meier: This is in response to your letter in which you make reference to the Decision of a three judge panel dated January 30, 1974, in the case entitled Chapman et al. v. Ben Meier, Secretary of State, Civil No. 4664. You observe that the Decision did not make any mention as to which legislative districts will be electing senators in the ensuring election. You request an opinion specifically on the question which legislative districts will be electing sena

OPINION 74-59 February 14, 1974 (OPINION) Mr. Donavin L. Grenz City Attorney Linton, ND 58552 Dear Mr. Grenz: This is in response to your letter as City Attorney requesting our opinion on whether it is necessary for an alderman, whose term will not expire at the next municipal election, to resign before he can run for mayor or whether he can run and if elected, then resign his position as alderman. You call to our attention Section 40-08-09 of the North Dakota Century Code, which provides: "40-08-09. RESTRICTIONS ON MEMBERS OF COUNCIL. No member of the city council shall

OPINION 74-162 January 31, 1974 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Building Bismarck, ND 58501 Dear Mr. Hjelle: RE: Section 24-05-04.1, N.D.C.C. Equipment Rental Rates This will acknowledge your request for an opinion concerning the above referenced statute. Section 24-05-04.1 was introduced as House Bill 359 in the Forty-first Legislative Assembly and appears as Chapter 263 of the Session Laws of 1969. The Act, including the title reads as follows: Leasing of Political Subdivision's Road Equipment An Act to prevent counties from l

OPINION 74-402 January 24, 1974 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Thomas: This is in reply to your letter of January 14, 1974, with regard to fees to be charged by the sheriff. You enclose a letter from the sheriff of your county to your office explaining the details of the problem. Our attention is called to subsection 2 of section 11-15-07 of the 1973 Supplement to the North Dakota Century Code providing: "11-15-07. COUNTY FEES. The sheriff shall charge and collect the following fees on behalf of the coun

OPINION 74-356 January 24, 1974 (OPINION) Mr. Russell W. Stuart Commissioner North Dakota Game and Fish Department Bismarck, ND 58501 Dear Mr. Stuart: This is in reply to your letter of January 14, 1974, with regard to a particular resident hunting license application. You enclose a photocopy of a letter from a named individual stating circumstances and asking a question. You ask whether taking into consideration the language of section 20.1-01-02, subsection 4, of the North Dakota Century Code, is this individual eligible to be classified as a resident hunter in North Dak

OPINION 74-146 January 21, 1974 (OPINION) Mr. Thomas Kelsch State's Attorney Burleigh County Bismarck, ND 58501 Dear Mr. Kelsch: This is in response to your letter in which you state the following: "Due to the energy crisis, the average cost of gasoline in Burleigh County has increased from an average of 36.9 cents in January, 1973, to 50.9 cents as of the past week, with indications that it will be raised even higher. "Burleigh County requires each of the patrol officers in the Sheriff's Department to purchase, maintain and service their own vehicles. The only reimburseme

OPINION 74-472 January 16, 1974 (OPINION) Mr. Rich Slagle Executive Director North Dakota Beef Commission 107 South Fifth Street Bismarck, North Dakota 58501 Dear Mr. Slagle: This is in response to your letter of January 9, 1974, wherein you request an opinion concerning the North Dakota Beef Promotion Act, found in Chapter 4-34 of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter: "According to this Act, not less than 50 percent of assessments collected shall go to the National Live Stock and Meat Board and no less than 25

LETTER OPINION 74-423 January 14, 1974 (OPINION) The Honorable Edward Metzger State Representative 410 Shady Lane Bismarck, North Dakota 58501 Dear Representative Metzger: This is in response to your letter in which you state the following: "I have been requested by one of my constituents to request the opinion of your office on the following legal questions: 1. Is a Special Assistant Attorney General appointed to your office to represent an agency of the state, and to be paid by the funds of that state agency, exempt from the provisions of 54-06-10 N.D.C.C.? 2. Is a mem

LETTER OPINION 74-20 January 10, 1974 (OPINION) Mr. R. E. Lommen State Land Commissioner State Capitol Bismarck, ND 58501 Dear Mr. Lommen: This is in reply to your letter dated November 15, 1973, in which you inquire as to whether or not the securities held for investments can be sold at a loss and reinvested in order to obtain a higher yield on the investments for the common schools and other institutions. In your letter you state: "During the 1969 Legislature, Senate Concurrent Resolution No. 62 was introduced for the purpose of amending sections 153 and 156 and repealin

January 4, 1978 The Honorable M. F. Peterson Superintendent of Pubilc instruction State Capito! Bismarck, North Dakota 5850! Dear Mr. Peterson: This Is In reply to your letter of December 21, 1973, in which you request an opinion relative to the status of a guidance counselor in teacher negotiation processes. You state the following facts and questions: "Section 1$-39.1-04 defines 2 teacher for purposes of the Teachers' Fund for Retirement and lists nearly everyone engaged in education with the exception of counselors. Librarlans, supervisors, and special teachers are mentioned. “Section