North Dakota AG Opinions, 1963

OPINION 63-246 December 18, 1963 (OPINION) STATE OFFICIALS RE: Attorney Generals - Duties This is in reply to your letter of December 13, 1963, in regard to the effect of the Attorney General's Opinion to a state officer in the future conduct of that state officer in the discharge of his state duties and obligations. It is a bit difficult to give a complete picture of all the law on this particular point. However, we believe the following outlines the statutory and case law on the subject: Section 54-12-01(6) of the North Dakota Century Code provides as follows: 54-12-01.

OPINION 63-260 December 13, 1963 (OPINION) TAXATION RE: Park Districts - Purpose of Levy This office acknowledges receipt of your letter of December 9, 1963, with reference to the above-captioned section of our law. You state that during the past year there have been improvements made in the city of New Rockford by the special assessment method, and this will result in special assessments being made against park board properties. A substantial payment will be required from the Park Board each year in order to meet the special assessment obligations. You further state: "From

OPINION 63-238 December 13, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: Governor's Board This is in reply to your letter of December 9, 1963. You enclose various informative materials including: 1. A resolution which was presented to the membership of the Historical Society. 2. A set of by-laws proposed by your by-laws committee. 3. A motion presenting an exception to the by-laws. 4. A motion including the wording of the new legislation passed in the Thirty-eighth Legislative Session, applicable to the Historical Society, as an amendment to its Articles of Incorporati

OPINION 63-64 December 10, 1963 (OPINION) CIVIL DEFENSE RE: Emergency Vehicles In your letter of November 19, 1963, you requested an opinion in regard to the following: 1. The North Dakota Civil Defense Association has requested that the state, city-county privately owned Civil Defense vehicles be authorized as class 'A' emergency vehicles so as to be eligible to display flashing red lights while on official status." You then request us to advise how this may be accomplished and the procedure to be followed. Section 39-01-01 of the North Dakota Century Code, as found in the

OPINION 63-194 December 10, 1963 (OPINION) RURAL FIRE DISTRICT RE: Reimbursement of Volunteer Firemen This is in response to your request for an opinion concerning the interpretation of section 18-10-06, subsection 8 of the North Dakota Century Code relating to the powers of a rural fire district. The specific question is whether or not the rural fire district is able to pay for services of the firemen or for replacement of clothing ruined when fighting a fire. Section 18-10-06, as is material here, provides as follows: POWERS OF BOARD OF DIRECTORS. The board of directors

OPINION 63-52 December 9, 1963 (OPINION) CITIES RE: Streets - Control of Boulevards This office acknowledges receipt of your letter of November 26, 1963, which reads as follows: The City Council of the City of Ellendale has asked that I secure an opinion from your office regarding the following City matter: The City of Ellendale has boulevards along the streets and in the residential district of Ellendale. There is of course no question that pursuant to ordinance these boulevards, although abutting the property owners' property, belong to the City of Ellendale, and it would

OPINION 63-31 December 6, 1963 (OPINION) BOARD OF ADMINISTRATION RE: State Hospital - Medical Treatment Determined by Superintendent and Staff This is in response to your request for an opinion on the question "whether or not a relative or guardian has the right to dictate the type of treatment given a patient at the State Hospital." We are assuming that the patient in question is an "involuntary patient" - one who is committed to the State Hospital by proper authority and procedure such as judicial procedure or mental health board or as in some instances emergency procedure un

OPINION 63-208 December 4, 1963 (OPINION) SCHOOL DISTRICTS RE: Dissolution - County Reorganization Committee This office has been requested to issue an opinion relative to the dissolution of school districts which have not operated a school for the immediately preceding two years. The facts as presented to us are as follows: The Board of County Commissioners held a meeting in the spring of 1963 with all districts not holding school for the two years prior to July 1, 1962. No action to dissolve the districts was taken by the Board of County Commissioners and these school distr

OPINION 63-237 December 3, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: Exploration Permits This office acknowledges receipt of a letter from Mrs. Aide dated July 23, 1963, and the same was referred to me for a reply. The first paragraph of the letter reads as follows: I would very much appreciate your opinion regarding the exploration permits as covered by Chapter 55-03-01, of the Century Code. It states in this paragraph 'on any lands in North Dakota' and in Chapter 55-03-02 it states 'no permit shall be granted* * * * on any land owned by the State.' This situation is am

OPINION 63-251 November 22, 1963 (OPINION) STATE VEHICLES RE: Marking - Paint Required Your letter dated October 28, 1963, has been referred to my desk for reply. Your letter provides as follows: "Your opinion is respectfully requested re the following: "The past session the above captioned was amended by the legislature, whereas it became the duty of the state auditor, when spot checking or verifying inventory of a department during an audit, to report any non-compliance of this section. The question has been raised as to whether or not the use of decals or shields in marki

OPINION 63-243 November 22, 1963 (OPINION) STATE INVESTMENT BOARD RE: May Sell and Reinvest for Better Return Your letter dated November 18, 1963 states that the Teachers Insurance and Retirement Board has considerable funds invested in tax-exempt municipal bonds. Since these invested funds are property of the state and Section 176 of the North Dakota Constitution exempts all state property from taxation, the newly created State Investment Board of which you are chairman feels that other types of investments would be more profitable. You further state that if some of these

OPINION 63-179 November 21, 1963 (OPINION) PUBLIC MONEYS RE: Investments - Limitations This office acknowledges receipt of your letter of November 18, 1963, which was referred to me for reply. Your letter reads as follows: "We have had several instances of State Institutions of Higher Learning asking us to invest their funds temporarily in Certificates of Deposit, Treasury Bills, and/or Government Bonds. In some cases, we are uncertain as to whether these are appropriated funds, institutional funds, or a commingling of the funds. We would appreciate your feelings as to wh

OPINION 63-229 November 19, 1963 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Refunding Bonds - Limitations This is in response to your letter in which you state that the Board of Higher Education is considering refinancing about fourteen bond issues. You then ask for an opinion on the following questions: 1. Does the Board have authority to do this under existing North Dakota law, and particularly Chapter 176 of the 1963 Session Laws? 2. If the law permits refinancing, do the bond resolutions for these various issues allow it?" The 1963 Legislature amended section 15-5

OPINION 63-113 November 19, 1963 (OPINION) DEPARTMENT OF PUBLIC INSTRUCTION RE: Transportation Payments This is in response to your letter in which you ask for a clarification of certain language found in section 15-34-26.1 of the North Dakota Century Code, as amended by Chapter 155 of the 1963 Session Laws. You also furnish and call to our attention certain action taken by the Legislative Research Committee in proposing the legislation which ultimately became law. In addition to this, you point out some of the resulting inequities should the language in question be constru

OPINION 63-211 October 16, 1963 (OPINION) SCHOOL DISTRICTS RE: Federal Indian School - Agreements With Other Districts This is in reply to your letter of October 10, 1963, concerning the above matter. You set forth the following facts: The Federal Government is the owner of the High School building at Fort Yates, North Dakota, which is operated as a Federal Indian School. Fort Yates School District for Sioux County, North Dakota, has a cooperative agreement with the government whereby students from the Fort Yates District may attend this school and a certain proportion of t

OPINION 63-239 September 26, 1963 (OPINION) STATE HISTORICAL SOCIETY RE: State Funds - Control of When Statutory Authority Present This is in reply to your letter dated September 4, 1963, in regard to status of the State Historical Society with particular regard to amendments to chapter 55-01 of the North Dakota Century Code, now contained in the 1963 Pocket Supplement to the North Dakota Century Code, to disposition of funds and to organizational matters. Your questions are stated specifically as: Kindly advise whether or not these funds shall be turned over to the State Treas

OPINION 63-20 September 24, 1963 (OPINION) BANK OF NORTH DAKOTA RE: Demand Deposits This is in response to your letter in which you call our attention to certain provisions of chapter 21-04 and then ask for an opinion whether or not the provisions of section 21-04-18 of the North Dakota Century Code applied to the Bank of North Dakota on demand deposits made with it. Section 21-04-03, in substance, provides that public moneys shall be deposited in the Bank of North Dakota or in banks which have been duly designated as depositories in the manner prescribed by chapter 21-04. Se

OPINION 63-127(Sep 18) September 18, 1963 (OPINION) ELECTIONS RE: Special Election - Not "General" Election This is in reply to your letter of September 18, 1963, requesting an opinion of this office in regard to Writs of Election. You inform us that your office has this date received notice of the death of Representative Kenneth A. Fitch on September 13, 1963, from the Cass County Auditor. Insofar as there is a special election on October 22, 1963, in the Eastern Congressional District, and in view of the fact that there are thirty-four days remaining prior to said election,

OPINION 63-66 September 17, 1963 (OPINION) CLAIM AGAINST STATE RE: Procedure This is in reply to your request for an official opinion of this office in regard to employer contribution for hospitalization and medical care insurance, pursuant to Chapter 340 of the 1963 Session Laws. Our specific question is stated as follows: May the Agency making the contribution for their employees add this contribution to the payroll voucher of an agency without the Insurance Company submitting a signed voucher for the amount of the contribution?" Section 52-12-04 of the North Dakota Century

OPINION 63-180 September 13, 1963 (OPINION) PUBLIC MONEYS RE: State Departments and Institutions - Deposited with Treasurer This is in reply to your letter in which you state that there is some misunderstanding of constitutional and statutory requirements regarding the depositing of public moneys in the State Treasury. You also advise that you believe it is your duty under subsection 9 of section 54-44-04 and section 54-44-02 of the North Dakota Century Code to have these difficulties resolved. You then ask for an official opinion of this office as to what public moneys of

OPINION 63-227 September 12, 1963 (OPINION) STATE BOARD OF HIGHER EDUCATION RE: Junior College Payments You have presented three questions to this office concerning the above matter. The questions are as follows: 1. "Can we legally pay $300 on the basis of the 1962-1963 enrollments? (Payments must be based on preceding years enrollment and we based first payment on enrollments the fall before the appropriations came into effect). $300 increase became law July 1." 2. "Before paying the $300 to Devils Lake and BJC would it not be a good idea to have a statement from th

OPINION 63-265 September 11, 1963 (OPINION) TEACHERS' INSURANCE AND RETIREMENT FUND RE: No Authority to Purchase Real Estate This is in reply to your letter of September 9, 1963, in which you ask whether the Teachers' Insurance and Retirement Fund has the authority to purchase an office building. The Retirement Fund Board would not need the entire building and what is not used by the board would be leased to others. There is no authority in the chapter (15-39 of the North Dakota Century Code, as amended) governing the Teachers' Insurance and Retirement Fund which would author

OPINION 63-127(Aug 22) August 22, 1963 (OPINION) ELECTIONS RE: Special Election - Holiday in Particular District This is in response to your letter in which you ask for an opinion whether or not October 22nd, which is the day on which a special election will be held in the First Congressional District to fill the vacancy in the United states House of Representatives, is a holiday in view of Section 1-03-01 of the North Dakota Century Code. You further ask whether or not certain business establishments will be required to close on October 22nd. If so, would it apply to the ent

OPINION 63-283 August 20, 1963 (OPINION) WORKMEN'S COMPENSATION BUREAU RE: Preexisting Conditions This is in response to your letter in which you ask for an opinion on the construction of section 65-05-15 of the North Dakota Century Code, which provides as follows: AGGRAVATION OF INJURY OR DISEASE - COMPENSATION AND BENEFITS NOT PAID FOR PREEXISTING CONDITION. In case of aggravation of an injury or disease existing prior to a compensable injury, compensation, medical, hospital or funeral expenses, or death benefits, shall be allowed by the bureau and paid from the fund only

OPINION 63-195 August 16, 1963 (OPINION) SCHOOL DISTRICTS RE: Annexation - Procedures When Adjoining Counties This is in reply to your letter of August 13, 1963, concerning Chapter 147 of the 1963 Session Laws. You state hte following facts and questions: We would also like to have your interpretation as to the meaning of the word 'annexing' as found in Section 15-27 05 where the word is used in this manner: 'In the event that a majority of members of each committee fail to approve the annexation, the county superintendent of the county in which the annexing district is loca

OPINION 63-134 August 13, 1963 (OPINION) EMERGENCY COMMISSION RE: Validity of Transfer of Funds This is in response to your letter in which you state that at a meeting attended by all members of the State Emergency Commission on July 29, 1963, the Commission by majority action authorized the transfer of money from the State Contingency Fund in the following manner: 1. The sum of $12,000 to the State Land Commissioner for salary of deputy - Chapter 1, page 8, 1963. Session Laws. 2. The sum of $18,000 to the State Laboratories Department for salary of Director - Chapter 1, p

OPINION 63-133(Aug 13) August 13, 1963 (OPINION) EMERGENCY COMMISSION - Director of Accounts and Purchases - Duties RE: This is in response to your letter in which you ask for an opinion on certain transfers made by the Emergency Commission. The question on the transfer of various funds to various departments was considered in an opinion addressed jointly to the Governor and you. However, in your letter you also asked for an opinion whether or not you are required to follow the directions of the Emergency Commission in making entries on your appropriation control accounts. Sect

OPINION 63-262 August 7, 1963 (OPINION) TAXATION RE: Sales Tax - Laundromats This office acknowledges receipt of your letter of July 15, 1963, in which you ask our opinion relative to the applicability of sales tax to gross receipts derived from self-service laundries or dry-cleaning facilities. Your two questions are as follows: Question No. 1. Did the gross receipts from self-service laundries and dry-cleaning plants, whether or not coin operated, become subject to the sales tax on July 1, 1963, because of the enactment of House Bill 559? See sections 1 and 2 of Chapter

OPINION 63-201 July 25, 1963 (OPINION) SCHOOL DISTRICTS RE: Bond Issues - Board of Budget Review This is in reply to your letter of July 23, 1963, concerning the board of budget review in Guelph Public School District. You state the Guelph Public School District is contemplating adopting an initial resolution for bond issue to build an elementary school. Guelph itself is an unincorporated village within Dickey County. The school operated by the Guelph School District is in Guelph. There are no incorporated cities or villages within the boundaries of Guelph Public School Dis

OPINION 63-123 July 24, 1963 (OPINION) ELECTIONS RE: Special Election - Congressional District This is in reply to your letter dated July 19, 1963, wherein you request an official opinion on the procedure and requirements relative to filling the vacancy in the United States House of Representatives due to the death of Congressman Hjalmer Nygaard. You specifically ask for an opinion on the following questions: 1.) whether this vacancy can only be filled by a special election or whether it may be accomplished by appointment; 2.) in the event a special election is called, the pr

OPINION 63-140 July 23, 1963 (OPINION) GIRL SCOUTS ROUND-UP COMMISSION RE: Expenditures This is to acknowledge receipt of your letter of July 19, 1963, requesting an opinion, pursuant to resolution duly adopted by the Girl Scouts Round-up Commission, whether the Commission has the authority to pay two categories of bills, one category composed of bills submitted by private individuals and the second category composed of bills submitted by state agencies and whether the commission has monies available to it to pay these bills if it is authorized to do so. You have previously s

OPINION 63-258 July 22, 1963 (OPINION) TAXATION RE: Equalization - Proration Your letter request of July 11, 1963, for an opinion concerning section 57-02-18.2 of the North Dakota Century Code, is acknowledged. You relate certain facts as follows: A large number of livestock was purchased in another State by a resident o Foster County and which purchase and delivery of the livestock was completed April 5, 1963. The Township Assessor valued the livestock at a reduced amount based upon the above title provision. Thereafter, the Township Equalization Board approved the said a

OPINION 63-109 July 22, 1963 (OPINION) DEPARTMENT OF PUBLIC INSTRUCTION RE: Correspondence Schools - Lack of License This is in reply to your letter of July 18, 1963, in regard to licensing of trade and correspondence schools. You call our attention to Chapter 15-50 of the North Dakota Century Code. You inform us that out of state trade and correspondence schools are continually allowing their solicitors to come into our state and solicit students before the school secures a license. You ask us to give an opinion as to whether the application form which is generally written

OPINION 63-92 July 10, 1963 (OPINION) DAIRY PRODUCTS RE: License - Expiration Dates You have requested an official opinion on the following matter: * * *In Chapter 19-06, section 04 of the North Dakota Century Code, it deals specifically with ice milk and we would like to have an interpretation as to whether this section has anything to do or will be in conflict with Chapter 4-30, section 02 of the North Dakota Century Code. This department is not clear on the interpretation as to the ice milk plant as it appears in both instances." You also relate that: The issuance of lic

OPINION 63-224 July 10, 1963 (OPINION) SCHOOL DISTRICTS RE: Transportation - Computing Payments This is in reply to your letter of July 8, 1963, regarding Senate Bill No. 48 as enacted by the 1963 Legislative Assembly. You state the following facts: This law provides that a school district shall receive seven cents per mile for a bus up to a passenger capacity of nineteen, and for twenty or more twelve cents per mile. It provide also that the manufacturer's rated pupil capacity shall govern. My question is, if a school district uses a twenty-four-passenger bus, for exampl

OPINION 63-145 July 10, 1963 (OPINION) HIGHWAY DEPARTMENT RE: Commissioner's Authority - Rules and Regulations This is in reply to your letter of July tenth, 1963, concerning chapter 43-07 of the N.D.C.C., as amended by S.L. 1963, Ch. 304, Sec. 5, where you asked the question: Are contractors bidding on or performing work on federal aid projects bound by 43-07, as amended, or may the Highway Commissioner promulgate rules and regulations for licensing, qualification and prequalification and utilize different procedures from those in 43-07, amended? Chapter 43-07 N.D.C.C. was a

July 9, 1963 (OPINION) ELECTIONS RE: Special Election - Setting Date For This is in reply to your letter of July 8, 1963, in which you ask if you have the authority to suspend, delay or reschedule any one or all of the referred measures now scheduled for the July 17 special election. As you are aware the matter of calling a special election to vote upon measures referred to the people is governed by Section 25 of the North Dakota Constitution. The decision as to whether to call a special election, at least insofar as the measures under consideration are concerned, is discretio

OPINION 63-163 July 2, 1963 (OPINION) LIVESTOCK RE: Brands - Position of Your letter of June 31, 1963, is acknowledged. You relate as follows: "We request an opinion in regard to recording livestock brands for hips of cattle with two or more characters of which one is a number. "According to the North Dakota Livestock Brand Law, Chapter 36-09, section 02 of the 1960 North Dakota Century Code, is it permissible to record a brand for hips of cattle with two or more characters of which one character is a number." Section 36-09-02, at subsection 3 thereof, of the North Dakota Ce

OPINION 63-131 June 19, 1963 (OPINION) ELECTIONS RE: Special Election - Publication of Sample Ballot This office acknowledges receipt of your letter of June 17, 1963, with reference to the special election to be held July 17, 1963. Your letter is a follow-up to our telephone conversation of last Friday, June 14, 1963. In your letter, you make reference to Sections 16-07-01 and 16-06-02 of the North Dakota Century Code, and you ask us whether or not these sections required the publication of a sample ballot prior to the special election July 17, such as is prescribed for the gen

OPINION 63-128 June 13, 1963 (OPINION) ELECTIONS RE: Special Election - Procedure Your letter of June 12, 1963, provides as follows: his office has just been notified that the petitions referring the following measures enacted by the Thirty-eighth Legislative Assembly have been accepted, filed and found sufficient by the Secretary of State: S.B. 39 - withholding tax S.B. 50 - adjusted tax on individual income S.B. 360 - graduated income tax H.B. 750 - tax levy limitation in school districts H.B. 771 - tax levy for new urban renewal projects Request is hereby made for an

OPINION 63-87 June 10, 1963 (OPINION) COUNTY JUSTICE RE: Police Magistrate - Compatibility of Offices This is in reply to your letter of June 4, 1963, concerning the offices of county justice and police magistrate of city or village. The question presented is whether these offices may be held simultaneously by the same person. As you have noted in your letter, Senate Bill No. 304, enacted by the recent Legislative Assembly, provides in part that the offices of county justice and police magistrate may not be held by the same person. This law becomes effective July 1, 1963. T

OPINION 63-147 May 31, 1963 (OPINION) HIGHWAY DEPARTMENT RE: Commissioner's Discretion This will acknowledge receipt of your request for an official opinion, clarifying an earlier opinion, addressed to Senator Meidinger on the subject of the constitutionality of the use of highway funds for the acquisition of advertising control rights and an agreement relating to such acquisition between the State Highway Commissioner and the Secretary of Commerce. You specifically asked: (1) Does your expressing doubt as to these constitutional matters impose on me any personal liability, sh

OPINION 63-81 May 29, 1963 (OPINION) COUNTIES RE: Property Assessments - Spot Checks This is a reply to your letter of May 21, requesting my opinion on several questions relating to Senate Bills No. 51 and No. 217 enacted by the 1963 Legislature, both of which become effective on July 1, 1963. Section 1 of Senate Bill No. 51 states that the board of county commissioners of each county shall provide for spot checks of real and personal property assessments in the county each spring, and it then provides for the procedure to be allowed in making these spot checks. The last sen

OPINION 63-215 May 29, 1963 (OPINION) SCHOOL DISTRICTS RE: Religious Instruction This is in reply to your letter of May 20, 1963, concerning release time for religious instruction. As you know this office, in an opinion dated March 13, 1962, held that section 15-34-07 of the North Dakota Century Code constituted a release time statute. This was not the first expression of opinion on this matter. On November 29, 1955, this office issued an official opinion to Mrs. Alfred Pack, School Director, Selfridge, North Dakota, which held that section 15-34-07 constituted a release ti

OPINION 64-34 May 21, 1964 (OPINION) BOARD OF ADMINISTRATION RE: Transfer of Funds This letter is in response to the inquiries of May 5 and 6, 1964, from your office. You wish to know whether it is legal to transfer $51,000.00 from the current State Hospital appropriation line item "Improvements and Repairs" to the State Office of Vocational Rehabilitation for the purpose of matching federal funds. (70 percent federal and 30 percent state). The estimated costs of this project for remodeling basement areas at the hospital into shop areas for industrial and occupational ther

OPINION 63-188 May 20, 1963 (OPINION) PUBLIC SERVICE COMMISSION RE: License - Limited to Statutory Authority Referring to your opinion request of April 3, 1963, the question is whether or not the Public Service Commission may "* * *license weighmasters, and/or weighman, to perform official weighing of commodities or goods other than grain or livestock?" The correspondence accompanying the opinion request indicates that the question arose as a result of a request that the commission license a weighmaster for a coal company. In your request, you refer this office to sections 60

OPINION 63-29 May 15, 1963 (OPINION) BOARD OF ADMINISTRATION RE: State Highway Building - Maintenance and Telephone Service This will acknowledge receipt of your request for an official opinion as to the authority and responsibility of the State Highway Commissioner and the Board of Administration, concerning maintenance, repair and the furnishing of fuel and light for the state office building, also known as the State Highway Building, and also for providing local and "WATS" telephone service. Chapter 360 of the 1959 Session Laws, which provided for the purchase of the buildin