North Dakota AG Opinions, 1975

OPINION 75-113 March 4, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State of North Dakota Office of Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor: This is in response to your letter of February 20, 1975, wherein you request an opinion of this office relative to House Bill No. 1204. You submit the following facts and inquiry in your letter: Senator Holand has requested that I seek an Attorney General's Opinion regarding House Bill 1204 as amended and sponsored by Representative Eagles. The Senate Social Welfare and Vete

OPINION 75-14 February 28, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your letter of 26 February 1975 requesting an opinion of this office in regard to the constitutional validity of House Bill 1606, 1975 Session. The bill provides that any railroad corporation failing to furnish suitable cars for grain loading within the time agreed upon shall be allowed an additional forty-eight hours without penalty to comply with the agreeme

H- Q\-4e February 20, 1975 Mr. Glenn Olson, State Manager N.D. Dalry Products Promotion Commission State Unit of American Dairy Association P.O, Box 327 Edgeley, ND 58433 Dear Mr, Olson: This Is In response to your letter of February 5, 1975, wherein you make inquiry of this office relative to governmental immunity and flab lity protection. You submit the following factual situation and inquiry In your letter: This Commission installs from 100 to, 125 In-store pro- motion kits in our state's retall food stores. This material includes overwire hangers, shelf talkers, danglers and the lik

OPINION 75-65 February 19, 1975 (OPINION) The Honorable Robert F. Reimers Speaker, House of Representatives Forty-fourth Legislative Assembly State Capitol Bismarck, ND 58505 RE: HOUSE BILL 1062 Dear Representative Reimers: This is in reply to your letter of February 17, 1975, in which you ask the following question: "If we pass this bill will it have any effect on the contract or leases that are in effect at the present time?" House Bill 1062 is an Act to: require written notice and approval before a permit to surface mine land is issued by the Public Service Commissio

OPINION 75-216 February 19, 1975 (OPINION) The Honorable Earl. S. Strinden Majority Floor Leader House of Representatives State Capitol Bismarck, ND 58505 Dear Representative Strinden: This is in reply to your letter of February 18th requesting an opinion relative to House Bill 1403, which provides for increased benefits to certain persons who are presently receiving workmen's compensation benefits. You inquire whether the bill, as it presently exists, interferes with contractual arrangements. Section 1 of House Bill 1403 provides, in part, as follows: "Any workmen's compe

OPINION 75-18 February 18, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in reply to your inquiry as to whether the lieutenant governor may vote on the passage of the bill where the vote in the Senate is equally divided. Section 77 of the North Dakota Constitution provides in pertinent part that: "The lieutenant governor shall be president of the senate, but shall have no vote unless they be equally divided." Section 65 of the North Dakota Constitut

OPINION 75-146 February 13, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your request for an opinion of this office relative to Senate Bill 2335 which deals with the repeal of Section 15-53.1-37 and 15-53.1-38 of the North Dakota Century Code. You submit the following proposition and questions in your letter: Mr. Doug Stine, Legislative Intern assigned to Senate Education Committee has on the behalf of that Committee requested that I seek an a

OPINION 75-7 February 10, 1975 (OPINION) The Honorable Robert F. Reimers Speaker of the House of Representatives Forty-fourth Legislative Assembly State Capitol Bismarck, ND 58505 Dear Mr. Speaker: This is in reply to your letter of February 7, 1975, in which you state the following: House Bill 1567 which would appropriate $5,000,000 for construction of a Heritage Center is currently pending in the House. In 1973 the Legislature enacted Chapter 16 of the 1973 Session Laws which appropriated $500,000 for the construction of a Heritage Center. That appropriation was contin

OPINION 75-137 February 6, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State of North Dakota State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: Pursuant to the request of Senator J. Garvin Jacobson, this reply to your letter of January 29, 1975, concerning amendments to Senate Bill 2095, proposed by representatives of the Michigan-Wisconsin Pipeline Company (copy attached) is directed at the proposed amendments to Senate Bill 2095, substituted for the original Michigan-Wisconsin Pipeline Company proposed amendments and presently before

OPINION 75-89 January 30, 1975 (OPINION) Dr. D. L. Moum President, Board of Dental Examiners Box 548 Mandan, ND 58554 Dear Dr. Moum: This is in reply to your letter of January 27, 1975, requesting our opinion on Section 43-28-18(21) of the North Dakota Century Code. The question presented is whether a licensed dentist may own or control a dental laboratory or X-ray laboratory or operate the same in connection with his office. Section 43-28-18 of the N.D.C.C. provides: "The board may revoke or suspend the license and the certificate of registration of any dentist who has: *

LETTER 75-120 January 30, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor Office of the Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Lieutenant Governor Sanstead: This is in response to your letter of 29 January "1985" indicating that a named senator has requested that you seek an attorney general's opinion to ascertain if there is a possible question of constitutionality in regard to the appropriation contained in Senate Bill 2282 on the basis that it would be a diversion of highway user funds and, therefore, be in conflict with Article 56 of th

OPINION 75-192 January 29, 1975 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County Minot, ND 58701 RE: Maximum Levy for School Districts Dear Mr. Thomas: This is in reply to your letter of January 20, 1975, in which you enclose a letter dated January 8, 1975, from Gladys Pederson, Ward County Auditor, concerning the special reserve fund of school districts. That letter states the following facts and questions: Chapter 57-19 of the North Dakota Century Code provides for the establishment of a special reserve fund by school districts. Section 57-19-01 provides th

OPINION 75-111 January 29, 1975 (OPINION) The Honorable Earl S. Strinden Majority Floor Leader House of Representatives Forty-fourth Legislative Assembly State Capitol Building Bismarck, ND 58505 Dear Representative Strinden: This is in reply to your letter of January 29, 1975, relative to House Bill 1042. You state the following facts and questions: Will you please give us an official opinion on whether House Bill 1042 requires a two-thirds vote for passage by the House of Representatives. House Bill 1042 would transfer the Grafton State School and the San Haven State Ho

OPINION 75-107 January 29, 1975 (OPINION) The Honorable Wayne G. Sanstead Lieutenant Governor State Capitol Bismarck, ND 58505 Dear Mr. Sanstead: This is in reply to your letter of January 24, 1975, in which you state the following facts and questions: "Senator Shirley Lee has requested that I seek an attorney general's opinion relative to Section 20.1-02-03.1 as contained in Senate Bill 2097 (page 15 line 6 following) of the Forty-fourth Legislative Assembly. Mr. David Niss of the Legislative Council staff indicated that the section in question had been voted on, I believe,

OPINION 75-190 January 24, 1975 (OPINION) Mr. L. J. Schirado State's Attorney Morton County Mandan, ND 58554 Dear Mr. Schirado: This is in response to your letter of January 8, 1975, wherein you request an opinion of this office relative to subsection 20 of Section 57-02-08 of the North Dakota Century Code, as amended. You set forth the following proposition and inquiry in your letter: Upon reviewing subsection 20 of Section 57-02-08 N.D.C.C. relative to property exempt from taxation it appears that the language employed is vague and ambiguous as to whether this exemption

OPINION 75-186 January 6, 1975 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission Box "U" Bismarck, ND 58501 Dear Mr. Vavra: This is in response to your letter of II December 1974 requesting an opinion in regard to distribution of funds derived from the separate and additional tax on sales of jet aviation motor fuel. You call our attention to the provisions of section 57-56-01.1 of the 1973 Supplement to the North Dakota Century Code imposing such tax and providing for the distribution of same. You inform us that the State Tax Commissioner has, by letter, advised