North Dakota AG Opinions, 1965

OPINION 65-77 December 14, 1965(OPINION) Mr. M.C. Hiaasen State's Attorney Benson County RE: Counties - Office Space - Lease This is in reply to your letter of December 7, 1965, in regard to the matter of rental of county office space, telephone conversation with the attorney general, and general discussions as of date December 9, 1965, with Mr. Adams of this office. You inform us that the project to which your question relates consists of the city's deeding its memorial hall to a private corporation, which private corporation will remodel said building, and which p

OPINION 65-1 December 11, 1965 (OPINION) Mr. John E. Schick Dairy Commissioner RE: Agriculture - Dairy bonds - Persons Covered This is in reply to your letter dated December 9, 1965, wherein you referred us to section 4-30-03 of the North Dakota Century Code, as amended, which provides for the bonding of purchasers of dairy products. With reference to the above mentioned section you asked the following question: "Specifically, who does the bond protect; only 'dairy producers' or all persons who sell milk or cream to a licensed milk or cream purchaser? Thus, could one who i

OPINION 65-399 December 10, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Real Property Assessment - Legal Description This is in reply to your letter of December 8, 1965, in which you state that there is rather wide spread interest on the part of county auditors and apparently also on the part of private lending agencies in the question of whether the laws of this state require the county auditor, when he makes up the real estate assessment list for property tax purposes, to make that list in accordance with the various legal descriptions of ownership of real

OPINION 65-319 December 9, 1965 (OPINION) Mr. James R. Kittle Director North Dakota Park Service RE: State Parks - Authority to Contract - Job Corps This is in reply to your letter of December 7, 1965, in regard to a Job Corps contract. You inform us that the Office of Economic Opportunity, Washington, D.C., has presented the State of North Dakota with a contract for a Job Corps Conservation Center to be located at Fort Lincoln, Bismarck, North Dakota. The Job Corps Conservation Center is to be sponsored, managed, and operated by the North Dakota Park Service. You ask our o

OPINION 65-64 November 29, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Cooperatives - Use of Term Incorporated This is in reply to your letter of November 22, 1965, in which you ask the following question: "May a cooperative association, organized under the provisions of chapter 10-15, North Dakota Century Code, use the word 'incorporated' or 'corporation' as a part of its name? "For instance, would the name 'Main Street Improvement Company, Incorporated' be an acceptable name for a cooperative association?" We note that section 10-15-01 of the North Dakota

OPINION 65-381 November 29, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Municipal Industrial Development - Exemption This is in reply to your letter of November 5, 1965, requesting an opinion of this office in regard to the application of section 40-57-17 of the 1965 Supplement to the North Dakota Century Code. Said statute provides as follows: 40-57-17. Exemptions from taxation. The leasehold granted by a municipality under this chapter is hereby classified as personal property and such leasehold and all other personal property used by the lessee in co

OPINION 65-112 November 18, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Federal Aid - Authority of Commissioner Receipt is herewith acknowledged of your request for an official opinion as to your authority and responsibility to take such steps as are necessary to continue North Dakota's eligibility for federal aid, without penalty, in view of the new requirements imposed by Congress under the Highway Beautification Act of 1965. Section 24-04-01 of the North Dakota Century Code, provides in part that: "The Commissioner is authorized and empowered to

OPINION 65-214 November 9, 1965 (OPINION) Mr. Vernon S. Cooper Secretary-Treasurer Garrison Diversion Conservancy District RE: Officers - Garrison Conservancy District - Expenses This is in response to your letter in which you ask for an opinion on the following question: "Do the provisions of Chapter 304, 1965 Session Laws of the state of North Dakota and the procedures set forth therein, apply to the expense claims of directors of irrigation districts established under the laws of the state of North Dakota, Chapter 61-05 of the North Dakota Century Code?" Chapter 304 of the 1965 S

OPINION 65-426 November 5, 1965 (OPINION) Mr. Jack D. Paul Executive Secretary North Dakota Trade Commission RE: Trade Commission - Powers - License This is in reply to your letter dated October 28, 1965, wherein you requested an opinion from this office regarding the North Dakota Trade Commission created pursuant to House Bill No. 800, chapter 330 of the North Dakota Century Code, as amended). Your questions read as follows: First, this office requests an opinion regarding the commission's power to promulgate and adopt rules and regulations of procedure in administering th

OPINION 65-54 November 4, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Contractor - License - Oil Well Driller This is in reply to your letter dated October 28, 1965, which reads as follows: I respectfully request your opinion whether or not a person, co-partnership, corporation or association operating a business to drill oil and/or gas wells where the cost of the material and labor exceed $500.00 comes within the definition of a contractor as set forth in Chapter 43-07 of the N.D.C.C. and should secure a Contractor's License as provided in Chapter 43-07."

OPINION 65-250 October 27, 1965 (OPINION) Mr. J. O. Thorson State's Attorney Sheridan County RE: Schools - Building Fund - Custodian This is in reply to your letter of October 22, 1965, in which you ask if the county treasurer is required to disburse the building fund tax to the school districts having a population of one thousand or more as well as the sinking funds of such district. As you note in your letter, section 21-03-40 of the North Dakota Century Code was amended by the 1965 Legislative Assembly to provide that in the case of any municipality having a population of m

OPINION 65-406 October 26, 1965 (OPINION) Mr. Eugene K. Anthony, State's Attorney McKenzie County RE: Taxation - Special Assessments - Prorated This is in reply to your letter dated October 11, 1965, which was accompanied by a letter which your office received from Miss Lucille McMahen, Treasurer of McKenzie County, Watford City, North Dakota, dated September 23, 1965. Miss McMahen stated in her letter that she was Secretary of the North Dakota County Treasurers' Association and during a recent meeting of that association serveral questions arose pertaining to laws passed by

OPINION 65-1 October 23, 1965 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission RE: Aeronautics - Commission - Awards This is in reply to your letter of 20 October 1965 in regard to representation of your commission at a two-week aviation maintenance training course at the Federal Aviation Agency Aeronautical Academy at Oklahoma City, Oklahoma. You inform us in essence that your commission voted to participate in the cost of awarding an annual State Aviation Mechanic Award in cooperation with the Federal Aviation Agency for the selection of the best aviation safet

OPINION 65-455 October 22, 1965 (OPINION) Mr. Kenneth E. Raschke, Commissioner Higher Education RE: Veterans - Free Tuition of Children - Scholarship Necessary This is in reply to your letter of October 13, 1965, in which you make inquiry relative to the interpretation of section 37-20-01 of the North Dakota Century Code. You note this section provides for scholarship payments to deceased veterans' children. You further note these scholarships have not been granted for many years because no funds have been available for this purpose, nor are any funds presently available for

OPINION 65-102 October 22, 1965 (OPINION) Mr. James O. Fine Chairman Board of Administration RE: Grafton State School - Expense of Care - Billing This is in reply to your request for an opinion of this office in regard to billing of responsible relatives with reference to costs of care and treatment of patients at the Grafton state school. You first ask how often should a responsible relative be billed the costs accruing against his estate for the care and treatment of a patient at the Grafton state school. For an example, you state that if the Grafton state school does not

OPINION 65-21 October 18, 1965 (OPINION) Mr. Eugene A. Kruger State's Attorney, Cass County RE: Bankruptcy - Filing of Orders - Register of Deeds This is in reply to your letter of October 13, 1965, in regard to bankruptcy proceedings pending in this state, particularly with regard to recording of the certified copy of the order approving the trustee's bond and of a certified copy of the petition with the schedules omitted and similar materials under Sections 47 (c) and 21 (g) of the Bankruptcy Act. These sections as currently stated in USCA are as follows: 11 USCA Section 7

OPINION 65-119 October 18, 1965 (OPINION) Mr. John B. Hart State's Attorney Rolette County RE: Indians - Mentally Ill - Authority to Commit This is in response to your letter in which you make reference to an opinion issued by this office on June 22, 1954, and a conference held at Washington, D.C., on September 24, 1965 between the Department of Interior, the Department of Health, Education and Welfare, and this office, which you also attended. You further state that it is your understanding that, as a result of said conference, the opinion referred to would be modified, rev

OPINION 65-481 October 13, 1965 (OPINION) Mr. Albert A. Wolf State's Attorney Burleigh County RE: Workmen's Compensation - County Agents - Premium This is in response to your letter in which you make reference to chapters 65-04 and 4-08 of the North Dakota Century Code, and a letter written by the Cooperative Extension Work in Agricultural and Home Economics, a department of the North Dakota State University, dated May 27, 1959, all pertaining to Workmen's Compensation premiums with reference to county agents. You then ask the following questions: (a) Is the premium paid

OPINION 65-437 (Oct 13) October 13, 1965 (OPINION) Mr. Albert A. Wolf, State's Attorney Burleigh County RE: Townships - Organization - Zoning This is in response to your letter in which you state that section 11-33-20 of the North Dakota Century Code allows a township to relinquish its power to enact its own regulations to the county by resolution of the Board of Township Supervisors. Section 58-03-11 and section 58-03-13 of the North Dakota Century Code allow township zoning commissions to be established by the Board of Township Supervisors. Section 58-01-01 sets forth the

OPINION 65-459 October 7, 1965 (OPINION) Mr. Vernon S. Cooper, Secretary-Treasurer Garrison Diversion Conservancy District RE: Waters - Garrison Conservancy District - Ownership of Land This is in response to your letter in which you advise that the Garrison Diversion Conservancy District is in the process of discussing repayment contracts with the Bureau of Reclamation, an agency of the United States. The project under discussion will include the restoration of Devils Lake, which is a major recreational development planned in connection with the project. The present propo

OPINION 65-43 October 5, 1965 (OPINION) Mr. Roy A. Neste City Attorney Park River, North Dakota RE: Cities and Villages - Public Buildings - Lease This is in response to your letter in which you ask for an opinion on the legality of the following proposal: A Curling Club, a private corporation, plans to construct a building on its own lots and after completion of same, it intends to sell it to the city at a price of $25,000.00. The value of the building is approximately $75,000.00. The corporation would retain the use of the building for winter months only. The city cou

OPINION 65-128 September 30, 1965 (OPINION) Mr. K. O. Nygaard Insurance Commissioner RE: Insurance - Certificate of Authority - Fidelity and Surety Bonds This is in response to your letter in which you make reference to a letter written to Mr. A. J. Jensen, dated May 9, 1962, and to Chapter 6-05 and then ask what discretion does the commissioner of insurance have in granting or refusing a certificate of authority to do business under the following facts: The American Trust and Deposit, Inc., a domestic corporation organized under the provisions of Chapter 6-05, has now applied

OPINION 65-106 September 29, 1965 (OPINION) Mr. James O. Fine Chairman Board of Administration RE: Grafton State School - San Haven - Same This is in reply to your letter of September 20, 1965, in regard to whether or not the Mentally Retarded Unit at the hospital at San Haven is considered as part of the Grafton State School. Generally speaking, of course, they are physically, geographically, and in other ways separate facilities. In a strictly legal context and, of course, to a limited extent depending upon surrounding circumstances, as further considered herein, a differe

OPINION 65-413 (Sep 23) September 23, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Use Tax - Amount Remitted This is in response to your request for an opinion "as to whether a retailer is required to remit use tax on the entire gross receipts derived by him from sales made in and for use in this state, including the remission of use tax on the gross receipts derived by retailers from sales below twenty cents." In the opinion of June 26, 1965, addressed to you we stated that the bracket system is to be employed in the administration of the use tax. It is al

OPINION 65-34 September 16, 1965 (OPINION) Mr. George T. Dynes City Attorney Dickinson, North Dakota RE: Cities and Villages - Lease of Golf Course - Expenditures of Public Funds This is in reply to your letter requesting an opinion of this office with regard to the legality of payment of certain funds by your city towards the maintenance and operation of a golf course. The city apparently owns the nine hold golf course on which is situated appropriate club house, pro shop, etc. The city leases same to an incorporated country club which is a private nonprofit corporation.

OPINION 65-338 September 15, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Assessments - Reassessments This is in response to your request for an opinion on the following questions: QUESTION NO. 1. When the tax commissioner orders a reassessment, does he also appoint the special assessor or must the special assessor be appointed by the board of county commissioners? QUESTION NO. 2. Must the special assessor provided for in subsection 2 of section 57-14-08 be a resident of the township, city, village or other assessment district for which a reassessment

OPINION 65-164 September 15, 1965 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Mentally ill - Expense of care and treatment - Claims You have asked two questions and requested our opinion in connection with said questions. Your first question deals with whether or not the State Board of Administration, or the State Department of Health has the power to compromise and discharge claims of a county which has contributed towards the care of a person, who is, or has been institutionalized at the Jamestown State Hospital. Your second question is, that if the Sta

OPINION 65-218 September 14, 1965 (OPINION) Mr. Martin N. Gronvold Executive Director Old Age & Survivor Insurance System RE: Old Age and Survivors Insurance - State Employees Retirement Pla Exception This is in reply to the letter of September 7, 1965, relative to contributions to the Old Age and Survivor Insurance System. You note that since July 1, 1957, you have collected contributions from the State departments, political subdivisions and all their departments and instrumentalities. You state you did so by considering the action of the Legislative Assembly of 1957 which

OPINION 65-246 September 9, 1965 (OPINION) Mr. E. J. Rose State's Attorney Sioux County RE: Schools - Attendance Out-of-State - Reciprocity This is in reply to your letter of August 30, 1965, relative to the above-captioned statute. You state the following questions: We would like to have your office give us an official opinion as to how to interpret three separate words in the closing sentence of said section. the section ends as follows: 'Be it further provided that students from areas historically attending school in a bordering state and residing in a district annex

OPINION 65-317 September 8, 1965 (OPINION) Mr. James R. Kittle Director North Dakota Park Service RE: State Park Service - Appropriations - Revenues This is in response to your request for an opinion on section 55-08-07(3), as amended by Chapter 359 of the 1965 Session Laws. Your specific question is may state park fund moneys be disbursed to reimburse expenditures made for park purposes on the following items if the requirements of section 57-08-07(1) have been fully met: 1. Salaries and wages; 2. Fees and services; 3. Supplies and materials; and 4. Equipment. The

OPINION 65-425 September 3, 1965 (OPINION) Mr. J. W. Moore, President North Dakota Trade Commission RE: Trade Commission - Appropriation - Loan This is in response to your letter in which you ask for an opinion on the following question, "* * * is it possible for this new Commission to get a temporary loan or financing from the State Emergency Commission or a similar State Agency until the results come in from our licensing campaign?" You also ask if this is not possible, would you be permitted to make a loan from a local lending agency, which loan is to be repaid with intere

OPINION 65-180 September 3, 1965 (OPINION) Mr. Weldon Haugen Motor Vehicle Registrar RE: Motor Vehicle Department - Appropriations This is in reply to your letter requesting an opinion of this office in regard to payment of the sum of $552.26 which you denominate a "membership fee" from funds of your department to the "Vehicle Equipment Safety Commission", as set up by chapter 39-23 of the 1965 Supplement to the North Dakota Century Code. We note that the current appropriation for your department, chapter 12 of the 1965 Session Laws, basically provides an appropriation of $1,2

OPINION 65-273 August 26, 1965 (OPINION) Mr. M. F. Peterson Superintendent Public Instruction RE: Schools - Nonresident Students - Tuition This is in reply to your letter of August 18, 1965, relative to Sections 15-29-08 (3, 14), 15-40-17, 15-40-17.1 and 15-40-26 of the North Dakota Century Code, as amended by the 1965 Legislative Assembly (Chapter 146, 1965 Session Laws). These laws pertain in part to the admission of nonresident students and permit the parents to pay the tuition so their students may attend a public school outside of the district of residence. You ask th

OPINION 65-307 August 24, 1965 (OPINION) General James Guthrie Chairman State Employee Retirement Board RE: State - Employees Retirement System - Employees of Your request for an opinion in behalf of the State Retirement Board is herewith acknowledged. The State Employee Retirement Board was created by the Legislature, not merely authorized to be organized as are corporations and associations. When the Legislature created this board, it became a public body or agency as the Constitution prohibits the Legislature from enacting special laws for the purpose of organizing a priv

OPINION 65-27 August 24, 1965 (OPINION) Mr. Eugene Rich State Examiner RE: Banks - State Banking Board - Insurance This is in response to your letter in which you advise that the State Banking Board granted authority to the Pioneer State Bank of Towner, North Dakota, to open a paying and receiving station at Willow City, North Dakota, provided that the bank will obtain F.D.I.C. insurance for the accounts accepted at the station. The bank itself is not insured. You also call our attention to Chapter 85 of the 1965 session laws, which amends Section 6-02-03 of the North Dakota

OPINION 65-151 August 19, 1965 (OPINION) Mr. Eugene A. Kruger State's Attorney Cass County RE: Libraries - County Library Service - Petitions This is in reply to your letter of August 12, 1965, in regard to the length of time county library petitions and signatures will be valid. You inform us that the Board decided not to establish the County Library Service now. You indicate that several citizens want to bring the matter up again and that several citizens wish to withdraw signatures and petitions. Also, you inform us that you would appreciate our opinion as to the length

OPINION 65-81 August 18, 1965 (OPINION) Mr. William L. Paulson State's Attorney Barnes County RE: Counties - Park Board and Highway Department - Funds This is in reply to your request for our opinion in regard to establishing a joint county park board and a county highway department. The county park board of your county, of course, is legally established pursuant to statutory authority (chapter 11-28 of the North Dakota Century Code). Likewise, authority for supervision of county highways is provided by chapter 24-05 of the North Dakota Century Code. While we see no reaso

OPINION 65-144 August 16, 1965 (OPINION) The Honorable William L. Guy Governor RE: Legislature - Reapportionment - Status of Legislature This is in response to your letter in which you take note of the recent decision of the Federal Court comprised of three judges which ruled that House Bill No. 566, as passed by the 39th Legislative Assembly, was unconstitutional and reapportioned the State with a plan closely resembling that which was submitted to the Legislature by the Legislative Research Committee. You then ask for an opinion on the following questions: 1. Does the te

OPINION 65-111 August 11, 1965 (OPINION) Mr. Walter R. Hjelle Highway Commissioner RE: Highways - Employees - Expenses Pursuant to your request, we have re-examined the official Attorney General's opinion dated October 8, 1957, addressed to Commissioner Wentz and the provisions of section 24-02-07 of the North Dakota Century Code and section 44-08-04 of the North Dakota Century Code, 1965 Supplement. We conclude that neither the provisions of section 24-02-07 of the North Dakota Century Code nor the opinion dated October 8, 1957 were superseded by the enactment of House Bill N

OPINION 65-423 August 10, 1965 (OPINION) Mrs. Clara D. Brown Executive Secretary Teachers Insurance and Retirement Fund RE: Teachers Insurance and Retirement Fund - Annuities - Minimum This is in reply to your recent letter relative to section 15-39-28.1 of the North Dakota Century Code, as amended by Senate Bill 298 enacted by the 1965 Legislative Assembly. You are particularly interested in the application of this section to teachers receiving annuities as of the effective date of the amendment, July 1, 1965. You ask if such teachers are entitled to the minimum of $60.00 p

OPINION 65-32 August 2, 1965 (OPINION) Mr. M. F. Peterson, Superintendent Public Instruction RE: Bonds - Sinking and Interest Funds - Custodian This is in reply to a letter dated July 29, 1965, written by Mr. H. J. Snortland, Director of Finance and Statistics of the Department of Public Instruction. Mr. Snortland requests the opinion of this office relative to Section 21-03-40 of the North Dakota Century Code, as amended by the 1965 Legislature. Mr. Snortland's letter reads in part as follows: "Senate Bill 133 amended Section 21-03-40 of the North Dakota Century Code and

OPINION 65-56 July 30, 1965 (OPINION) The Honorable Ben Meier Secretary of State RE: Cooperative Associations - Increase in Capital Stock This is in reply to your letter of July 23, 1965 relative to Section 138 of the North Dakota Constitution. You ask whether Section 138 of the North Dakota Constitution applies to cooperative associations. Section 138 of the North Dakota Constitution provides: "No corporation shall issue stock or bonds except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. T

OPINION 65-154 July 28, 1965 (OPINION) Mr. T. L. Degnan, Member Medical Center Advisory Council Grand Forks, North Dakota RE: Medical Center - Advisory Council - Composition of Board This is in reply to your letter of July 23, 1965, relative to section 15-52-03 of the North Dakota Century Code as amended by the 1965 Legislative Assembly. You state you are a member of the Medical Center Advisory Council and the Council has presented the following questions: 1. Is our board presently properly constituted, or do all members have to be reappointed and redesignated again? 2.

OPINION 65-10 July 27, 1965 (OPINION) Mr. Ralph Dewing, Director Department of Accounts and Purchases RE: Appropriations - Girl scout round-up commission - Expenditures This is in reply to your letter of July 23, 1965, in regard to a voucher payable to Paul A. Ewald for services to the Girl Scout Round-Up Commission. You call our attention to the fact that the appropriation for the Girl Scout Round-Up Commission was made by the 1963 Legislative Session and will be cancelled after July 30, 1965. You inform us that the voucher had receipts for expenditures made by Mr. Ewald in

OPINION 65-347 July 24, 1965 (OPINION) Mr. Lloyd Omdahl Tax Commissioner RE: Taxation - Estate Tax - Distribution to Municipalities This is in reply to your request for the opinion of this office in regard to the proper construction to be placed on the provisions of House Bill No. 701, chapter 412 of the 1965 Session Laws, currently section 57-37-24 of the 1965 Supplement to the North Dakota Century Code. Your first question is stated as follows: "Does the distribution of part of the estate tax to a city or village under chapter 412 (HB 701) apply only with respect to estates

OPINION 65-98 July 16, 1965 (OPINION) Mr. Russell W. Stuart Commissioner Game and Fish Department RE: Game and Fish - Boat Races - Regulations This is in reply to your request for an opinion of this office in regard to the interpretation of section 61-27-10 of the North Dakota Century Code, particularly with regard to the holding of regattas, races, marine parades, tournaments or exhibitions on waters of North Dakota. It appears that the specific factual situation that prompts this inquiry is with regard to a particular event which is proposed to be held on Garrison Reservoi

OPINION 65-7 July 13, 1965 (OPINION) Mr. Walter Christensen State Treasurer RE: Alcoholic beverages - Import - Taxation This is in response to your letter in which you request an opinion on the amendment to Section 5-03-06 enacted by the 1965 Legislature through H.B. No. 769. You specifically ask, " * * * is it now within the law for an individual traveling abroad to purchase and subsequently have brought into North Dakota one wine gallon tax-free liquor with luggage which is on the individual's travel tickets? Section 5-03-06, as amended, provides as follows: "The taxes lev