North Dakota AG Opinions, 1961

OPINION 61-199 December 8, 1961 (OPINION) SCHOOLS RE: Religious Instruction - Release Time We have received your letter dated November 29, 1961, with reference to release time in your school. When you called at this office we advised you that we believed your school district was justified in acceding to the wish of parents in your district that school children be permitted to go to the church of their choice to attend religious instruction classes for one hour per school week. This is authorized by section 15-34-07 of the North Dakota Century Code which reads as follows: PRE

OPINION 61-264 November 28, 1961 (OPINION) WATER CONSERVATION COMMISSION RE: Water Conservation District - Special Assessment Warrants This is in reply to your letter under date of November 12, 1961, in which you request the opinion of this office as to whether the State water Conservation Commission may accept special assessment warrants of a water conservation and flood control district in lieu of cash as payment of the cost of improvements constructed for the district on a cost-sharing basis. The act creating the State Water Conservation Commission, and prescribing its power

OPINION 61-244 November 27, 1961 (OPINION) TAXATION RE: Nonprofit and Charitable Properties - Property Not Used Exclusiv for Business and Ceremonies of Organization This is in answer to your letter of October 16, 1961, in which you requested my opinion on various questions relating to the exempt or taxable status for property tax purposes of the property of the Apple Creek Country Club located east of Bismarck. Your letter is quoted as follows: The Apple Creek Country Club, located about six miles east of Bismarck in Burleigh County, has been organized as a nonprofit organizat

OPINION 61-228 November 16, 1961 (OPINION) STATE INSTITUTIONS RE: Claim of State and County Against Patient's Estate - Disposition of Funds Re: County's Share of Expense in Care of Patients at the State Hospi This is to acknowledge receipt of your letter dated November 9, 1961, concerning the above-captioned matter. The facts in this matter appear to be as follows: The County Auditor of Grand Forks County has filed a claim against the estate of a deceased individual who was formerly institutionalized at the State Hospital. The claim has been approved by both the administra

OPINION 61-173 November 6, 1961 (OPINION) PUBLIC RECORDS RE: Register of Deeds - Use of Microfilm Re: Microfilming, Register of Deeds Office This is in reply to your letter of October 27, 1961, concerning the above matter. You state the following facts: The Register of Deeds of Burleigh County is anticipating the use of a microfilming machine in place of recording real estate transactions in the traditional recording books. The microfilming operations will reproduce in a miniature form the complete documents brought to the Register of Deeds office for filing and/or recor

OPINION 61-205 November 3, 1961 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Transfer of Assets We have received your letter dated October 30, 1961, with reference to school reorganization. You state that in July 1960, a reorganization election was held in your county. A portion of Hay School District in your county was included in the plan. The election board declared that the election had failed. This election was contested and the court held the election had carried. Later an action was brought challenging the validity of the reorganization proceedin

OPINION 61-166 November 3, 1961 (OPINION) PARK DISTRICTS RE: Increased Levy - Duration of Increase This is in reply to your letter in which you say that on June 28, 1960, the Carrington Park District voted to increase the park levy by four mills. the question stated on the ballot is as follows: Shall the Carrington Park District increase the Park levy by four mills making its total levy eight mills on the dollar of the net taxable assessed valuation of the District for the purpose of improving, maintaining and operating its Parks and play grounds." You advise that one of the

OPINION 61-221 October 27, 1961 (OPINION) SOCIAL SECURITY RE: Soil Conservation Districts - Contributions This is in reply to your letter in which you state that a question has arisen in regard to the liability of soil conservation districts for the payment of contributions which are required by chapter 52-09 of the North Dakota Century Code and the contribution payments and wage reports required by chapter 52-10 of the North Dakota Century Code. You advise that the North Dakota Old Age and Survivors Insurance System has required soil conservation districts to file wage and co

OPINION 61-237 October 19, 1961 (OPINION) TAXATION RE: Equalization of Retail Stocks of Merchandise - Use of Sales Tax Information This is in reply to your request for my opinion regarding the powers of the State Tax Commissioner and the State Board of Equalization to use sales tax information to equalize the valuations of retail stocks of merchandise in some political subdivisions but not in others, which request you made in your letter of September 14, 1961, on behalf of your city council. You specifically requested "information on where and when the State Tax Commissioner h

OPINION 61-122 October 17, 1961 (OPINION) GOVERNOR RE: National Guard - Establishment of State Guard This is in response to your letter in which you ask the following: I am authorized by law to establish a State Guard as soon as fifty percent of the North Dakota National Guard has been called into active military service. Since there is no specific appropriation for the State Guard, am I authorized to utilize funds appropriated to the National Guard by the State Legislature for expenses incurred by the formation of a State Guard?" The answer to the first phase of your questi

OPINION 61-262 October 16, 1961 (OPINION) WATER CONSERVATION DISTRICTS RE: Budgets - Authority of County Commissioners In your letter of October 3, 1961, you requested our opinion in regard to several problems pertaining to the approval of the budget of the Oak Creek Water Conservation and Flood Control District by the Board of Commissioners of Bottineau County. You ask the following questions: 1. Does the Board of County Commissioners have the authority to check or revise the budget submitted by the Oak Creek Water Conservation and Flood Control District? 2. Does the bu

OPINION 61-261 October 4, 1961 (OPINION) WATER CONSERVATION DISTRICTS RE: Budgets - Alteration by County - Accumulation of Funds In your letter of September 29, 1961, you state the Board of Commissioners of the Oak Creek Water Conservation and Flood Control District of Bottineau County have instructed you to secure an Attorney General's opinion on the following questions: 1) Does the Board of County Commissioners and the County Auditor of the county in which a water conservation and flood control district is situated have an arbitrary power to reject the budget prepared by th

OPINION 61-171 October 3, 1961 (OPINION) PUBLIC RECORDS RE: Microfilm - Admissible as Evidence This is in reply to your letter of September 28, 1961, in which you request the opinion of this office as to the legality of motor vehicle titles that are microfilmed. Your question is: "Would they be legal in court or for reference?" You also ask if motor vehicle titles that have been microfilmed could be destroyed. Section 31-08-01.1 of the North Dakota Century Code provides: PHOTOGRAPHIC COPIES OF BUSINESS AND PUBLIC RECORDS ADMISSIBLE IN EVIDENCE. If any business, institut

OPINION 61-78 September 27, 1961 (OPINION) COUNTY LIBRARY RE: Levy - Discontinuance This is in reply to your letter of September 20, 1961, in regard to county public library service. You state that a number of people from your county have asked you how they might go about getting rid of the traveling library and the tax to support it. You further inform us that at the present time your county is united with LaMoure and Dickey Counties in support of this library. You further inform us that the law provides that the tax shall be levied on petition of fifty-one percent of the v

OPINION 61-156 September 26, 1961 (OPINION) NATIONAL GUARD RE: Employees of State and Political Subdivisions - Retention of Status In your letter of September 20, 1961, you ask for an opinion from our office on the views expressed in an opinion of yours to the Minot City Council under the date of September 20, 1961. Your opinion dealt with the applicability of sections 37-01-25 and 37-01-25.1 of the North Dakota Century Code to municipalities. More specifically, since your city manager who is a captain in the North Dakota National Guard is not under civil service, and thereb

OPINION 61-42 September 25, 1961 (OPINION) CIVIL DEFENSE RE: Alerts - Duty of City Governing Body Subject: Civil Defense Alerts In your letters you note the provisions of chapter 37-17 of the North Dakota Century Code and the fact that this chapter authorizes cities to establish local organizations for civil defense. You state, based on the information you have at hand, it is your opinion that in the case of state civil defense alerts the responsibility and authority for controlling and managing the affairs of the City of Fargo rests exclusively in the hands of the Board of

OPINION 61-123 September 25, 1961 (OPINION) GOVERNOR RE: Powers - Investigation of State Institutions and Departments We have your letter of September 21, 1961, wherein you state that you desire to establish a task force of qualified investigators to investigate policies and practices in several state institutions and state departments, and you ask us to outline your powers to conduct such investigation and how the cost can be paid. As Governor you possess no prerogative powers but only such powers as are conferred upon you by the Constitution or the laws of this state. Since n

OPINION 61-9 September 20, 1961 (OPINION) AIRPORTS RE: Disposition of County Airport Funds - Priority Re: Dickey and Edgeley Request for County Airport Funds This is in reply to your inquiry in regard to allocation of airport funds, i.e., that portion of the aircraft registration and aircraft spraying fees turned back to the county treasurer pursuant to chapter 2-05 of the North Dakota Century Code, and from thence distributed to municipalities operating airports. You inform us that prior to this year there has been no allocation of these funds and that same have accumulated

OPINION 61-231 September 13, 1961 (OPINION) SUNDAY LAWS RE: Cities and Villages - Regulation of Store Hours This is in reply to your letter of September 8, 1961, concerning section 40-05-03 of the North Dakota Century Code. You ask our interpretation of section 40-05-03 with regard to the right of municipalities to establish and regulate store hours on Sunday. Section 40-05-03 of the North Dakota Century Code provides: CITIES HAVING POPULATION OF FIFTEEN THOUSAND MAY PROVIDE FOR REGULATION AND INSPECTION OF FOOD MARKETS. The governing body of any city having a population of

OPINION 61-177 September 13, 1961 (OPINION) PUBLIC WELFARE RE: Medical Assistance for Aged - Fees Re: Medical Assistance for the Aged This is in reply to your letter of September 1, 1961, concerning the above named topic. You state the Public Welfare Board currently negotiated with the North Dakota State Medical Association and the North Dakota Hospital Association as to fees which the Public Welfare Board would approve for payment of medical and hospital care for any and all welfare cases for which medical and hospital care was authorized by the county welfare boards. The

OPINION 61-19 September 12, 1961 (OPINION) ALCOHOLIC BEVERAGES RE: Sale on Election Days - Township Election Held in City or Villag This office acknowledges receipt of your letter of September 8, 1961, in which you call our attention to section 5-01-13 of the North Dakota Century Code which reads as follows: SELLING LIQUORS ON ELECTION DAY AND MEMORIAL DAY AND CERTAIN OTHER DAYS PROHIBITED - PUNISHMENT. Every person who sells, gives away, or disposes of any alcoholic beverage on Memorial Day, Good Friday, Sunday, after six p.m. on Christmas Eve, on Christmas Day, or on the da

OPINION 61-217 September 7, 1961 (OPINION) SCHOOL DISTRICTS RE: Tuition - Residence This office acknowledges receipt of your letter of August 26, 1961, relative to a matter of residence in connection with the payment of tuition in a school situation. You state that last year one Gerald Reule attended the Carrington school while he was making his home with his married sister who lives near Melville. You state that he is making his home with his sister for the purpose of easing the load on his own family, consisting of ten children in the home, residing with their parents in

OPINION 61-214 September 7, 1961 (OPINION) SCHOOL DISTRICTS RE: Transportation - Expenditure of Funds In your letter of August 31, 1961, you ask for an opinion concerning the legality of a school district sending its buses into another district to pick up students. A school board has no authority to furnish transportation to students residing in other districts unless arrangements are made between the districts. There is no law specifically prohibiting this type of action, but if such transportation is furnished it should be paid for by the home district of the students who a

September 6, 1961 (OPINION) BOARD OF UNIVERSITY AND SCHOOL LANDS RE: Drainage Districts - Assessment of Benefits This is in reply to your letter of August 22, 1961 in regard to a drainage tax statement. You enclose a copy of a drainage tax statement from the Grand Forks County Treasurer which was handed to you by the State Auditor, as it concerns original grant school lands under the jurisdiction of the Board of University and School Lands. You request that we notify you as to whether or not your department is liable for this drainage tax. The land involved is a part of the ori

OPINION 61-193 September 1, 1961 (OPINION) SCHOOL DISTRICTS RE: Education of Physically Handicapped - Tuition This office acknowledges receipt of your letter of August 28, 1961, in which you ask our opinion on section 15-59-07 of the North Dakota Century Code, as created by chapter 171 of the 1961 Session Laws, which reads as follows: EDUCATION OF PHYSICALLY HANDICAPPED - CONTRACT. If any school district in this state has any elementary or high school student who because of his physical handicap is unable to attend the public schools in the district, such school district sha

OPINION 61-162 August 11, 1961 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Optometry - Contact Lenses This acknowledges the letter of August 10, 1961, addressed to this office on behalf of the North Dakota State Board of Optometry by John Hjellum, Jamestown, North Dakota, attorney for the Board. In his letter Mr. Hjellum presents the following questions: May one who makes contact lenses on a prescription from a registered optometrist or a physician or surgeon authorized to practice medicine in this State lawfully fit and insert contact lenses into the eyes of another person? May

OPINION 61-125 August 9, 1961 (OPINION) GOVERNOR RE: Workmen's Compensation Bureau - Designation of Chairman This is in response to your letter in which you asked for a ruling on the provisions of section 65-02-04, North Dakota Century Code, pertaining to the designation of a chairman for the North Dakota Workmen's Compensation Bureau by the Governor. The present chairman was reappointed as a commissioner in July, 1959, for a period of six years, and was designated as chairman by the former Governor. The specific question is whether or not the present Governor may at this tim

Overruled by N.D.A.G. 85-19 OPINION 61-26 August 1, 1961(OPINION) CHARITABLE ORGANIZATIONS RE: License - Exemptions This is in response to your letter in which you enclosed correspondence from the Red Cross representative and then asked for an opinion whether or not the American National Red Cross comes within the provisions of Senate Bill 146 of the 1961 Legislature, which is now chapter 50-22 of the North Dakota Century Code (pocket part). Independently of your letter we were furnished with various material, including opinions from Attorneys General of other states. The provisions o

OPINION 61-212 July 27, 1961 (OPINION) SCHOOL DISTRICTS RE: School Buildings - Removal This is in response to your request for an opinion on the following facts: A public school district is considering moving a schoolhouse from its present site to another site within the district where there is presently maintained another schoolhouse. They have in mind to use the two schoolhouses located side by side to carry on school for the first four grades in one building and the upper four grades in the other building. The parents of the children, who are presently or would be attend

OPINION 61-12 July 26, 1961 (OPINION) AIRPORTS RE: Municipal Airports - Disposition of Aircraft Registration Fees This is in reply to your request for an opinion on the construction of section 2-05-11 of the North Dakota Century Code in connection with the following facts: Heretofore there have existed no municipal or publicly owned or operated airports, in Hettinger County. The Village of Regent has now created the Municipal Airport Authority of the Village of Regent, pursuant to Chapter 2-06, the Airport Authorities Act, and has contracted to purchase an airport site, which

OPINION 61-66 July 21, 1961 (OPINION) COUNTY COURTS OF INCREASED JURISDICTION RE: Justice Court Procedure This is in reply to your letter of July 17, 1961, concerning the new county justice act. In your letter you set forth the following facts and question: Under the Justice Code, a civil action may be heard at anytime between three and fifteen days. Stutsman County has a County Court of Increased Jurisdiction, and as Judge of this Court, my question is this: The Jurisdiction conferred upon this Court by the constitution and statutes is concurrent with that of the District

OPINION 61-52 July 11, 1961 (OPINION) COUNTIES RE: County Officers - Official Census This is in reply to your letter in which you ask for an opinion on the following situation: In the event the office of the County Judge becomes vacant by the resignation of the incumbent official will the Board of County Commissioners of Kidder County be authorized to fill the vacancy by appointment or will the office merge with that of the Register of Deeds? According to the last official census the p

OPINION 61-179 July 11, 1961 (OPINION) SCHOOL DISTRICTS RE: Annexation - Attachment of Entire School District Your specific question is: "May a special school district, under the annexation laws of North Dakota, annex an entire contiguous school district?" For a great number of years entire school districts have been annexed to other school districts under our annexation statutes without any question being raised. In fact, this was the only way an entire district could be joined to another until 1947 when our school reorganization law was enacted except by consolidation in

OPINION 61-14 July 10, 1961 (OPINION) ALCOHOLIC BEVERAGES RE: Bottle Clubs - Licensed Retail Liquor Establishments Your letter dated July 5, 1961, regarding "bottle clubs," has been received by this office. You relate to us that the Grand Forks County Commissioners have issued a license to operate as a bottle club to a private corporate entity in the county under the new "bottle club" law, enacted by the 1961 Legislative Assembly as House Bill No. 643, and now codified in the 1961 Session Laws as Chapter 104. You state that there is some confusion in your area as to the stan

OPINION 61-60 July 6, 1961 (OPINION) COUNTIES RE: Investment of Surplus Funds - Authorized Investments This is in reply to your letter of June 28, 1961, concerning the investment of surpluses held by Divide County. You state you have advised the Board of County Commissioners to the effect that the investment of surplus county funds in the issues of foreign governments is not authorized by statute and that such bonds held by the County should be liquidated and reinvested in United States Government Bonds. You also state it appears that Divide County has invested certain amounts

OPINION 61-225 July 6, 1961 (OPINION) STATE RE: Employees - Expenditure of Highway Funds for Group Hospitalizati and Insurance This is in reply to your letter in which you ask this office to review its opinion issued to Mr. A. W. Wentz under date of December 14, 1960. This opinion dealt with the question whether or not the Highway Commissioner was authorized to expend highway funds for contributions toward the cost of an employee's voluntary group hospitalization and insurance plan and concluded that such expenditure could not be legally permissible. This office has previous

OPINION 61-175 June 26, 1961 (OPINION) PUBLIC WELFARE RE: Medical Assistance for Aged - Definition of Home I have before me your letter of May 23, 1961, in which you ask for my opinion as to the construction of Senate Bill 227 of the Session Laws of 1961 which provided for Medical Assistance for the Aged. As to the "home" of an applicant or recipient of Medical Assistance for the Aged, the act provides as follows: The limit in net value of personal property shall not include household goods, wearing apparel, or personal effects; nor shall the resources in real property exceed

OPINION 61-161 June 12, 1961 (OPINION) OCCUPATIONS AND PROFESSIONS RE: Optometrists - Practice of Optometry by Unlicensed Persons We have received a letter dated June 5, 1961, from Mr. John Hjellum, Attorney-at-Law, Jamestown, North Dakota, through whom you requested an opinion concerning chapter 43-13 of the North Dakota Century Code. The question as stated in Mr. Hjellum's letter is: "Whether an unregistered optometrist, or a physician or surgeon not authorized to practice medicine in this State, all as defined in Chapter 43-13 of the North Dakota Century Code, may be employ

OPINION 61-58 June 8, 1961 (OPINION) COUNTIES RE: County Roads - State Highway Department - Performance Bonds This is in reply to your letter of June 5, 1961, concerning a highway improvement in Traill County. You state that the State of North Dakota has let a contract with a construction company (Project No. F 267(19)) in Traill County, North Dakota. Under this contract the contractors will be using about six and one-half miles of county highway as a haul road. You ask if the performance bond that the contractors must execute will protect Traill County so that in case the

OPINION 61-203 June 1, 1961 (OPINION) SCHOOL DISTRICTS RE: Reorganization - Composition of Board of Education This is in response to your letter in which you recite a short history on the reorganization of the McVille Community Special School District No. 46. You also advise that the reorganization plan as finally drafted by the Reorganization Committee, which was approved by the State Committee and voted on by the electors of the territory involved, provides that the reorganized district shall be a Special School District with the Board of Education consisting of five member

OPINION 61-50 May 16, 1961 (OPINION) COUNTIES RE: County Justice - Change of Venue Re: County Justice Act This is in reply to your letter of May 4, 1961, concerning the above named topic. You state that Ramsey County does not have increased jurisdiction. You then ask the following question: "In the event that this County Justice Office is allowed to go to the County Judge, will the defendants in our county lose their right to a change of venue in that there will not actually be a County Justice?" The pertinent provisions in this instance would appear to be section 27-07-0

OPINION 61-234 May 15, 1961 (OPINION) TAXATION RE: Cities and Villages - Notice of Right to Purchase This is in reply to your letter of April 18, 1961, requesting an official opinion from this office construing that part of section 57-28-19 of the North Dakota Century Code relating to the right and notice thereof of a city or village or town to purchase a lot held by the county under tax deed prior to the right of the former owner to repurchase it if there are delinquent and unpaid special assessments against it. You state that in the question before you, Burke County holds a t

OPINION 61-154 May 11, 1961 (OPINION) MOTOR VEHICLES RE: Registration - Trucks Under date of May 4, 1961, you addressed to this office your request for an opinion on House Bill No. 724 as passed by the 1961 Legislature. The question you raise is as follows: "Does House Bill No. 724 apply to passenger cars only, or does it also apply to trucks?" By way of explanation, you state that your department instituted House Bill No. 724 but intended that it would apply only to passenger cars, and it is your judgment that the Legislature in passing the bill intended it to apply only

OPINION 61-260 April 5, 1961 (OPINION) TOWNSHIPS RE: Township Roads - Expenditure of Township Funds On April fourth, 1961, Mr. A. C. Bakken, Griggs County State's Attorney, requested an opinion in your behalf concerning the application of section 24-08-02.1 of the North Dakota Century Code. Within limitations section 24-06-19 of the North Dakota Century Code authorizes the Board of Township Supervisors or the township electors to expend road taxes in the improvement of highways, including county and state highways, under such regulations as it may deem most expedient for the pu

OPINION 61-39 March 27, 1961 (OPINION) CITIES AND VILLAGES RE: Tax Sale - Repurchase of Real Property This is a reply to your letter of March 3, 1961, requesting an opinion on the question of which fund of a city should be charged with payments made by the city to redeem or to repurchase real property which has been sold by the county for delinquent general taxes only or for both delinquent general taxes and delinquent amounts or installments of special assessments levied by the city against the real property. It is my opinion that expenditures by a city to redeem or purchase such real

OPINION 61-241 March 23, 1961 (OPINION) TAXATION RE: Exemptions - Pensions Not Income This is in response to your letter in which you state that the 1961 Legislature, through House Bill No. 787, amended subsection 21 of section 57-02-08, by adding after the words "totally disabled" the following language: "who have income of less than $100.00 per month." You advise that some of the individuals concerned might be veterans who are receiving disability pensions from the Federal Government. We are assuming that the pensions referred to are for disabilities resulting from service connecte

OPINION 61-133 March 3, 1961 (OPINION) JUDGMENTS RE: Execution - Commissions on Levy This office acknowledges receipt of your letter of February 28, 1961, and in your letter you request our opinion on the following question: Are the commissions enumerated in section 11-15-08 of the North Dakota Century Code applicable where the Sheriff has levied on property of a judgment debtor pursuant to an execution but prior to any sale payment of the Judgment is made by the debtor?" Further, you call our attention to the fact that subsection 8 of section 11-15-07 of the North Dakota Cent