North Dakota AG Opinions, 1968

OPINION 68-491 December 5, 1968 (OPINION) The Honorable Curtis Olson State Auditor RE: Taxation - Special Fuels Tax - Banks Exempt This is in reply to your letter of November 27, 1968, relative to refunds of special fuels excise tax. You state the following facts and questions: "Several North Dakota banks have applied for refunds of the two percent special fuels excise tax charged to them under chapter 57-53 of the North Dakota Century Code. They base their request on chapter 57-53 (sic) of the North Dakota Century Code which established the taxation of banks and trust com

OPINION 68-1 December 5, 1968 (OPINION) Mr. Arne Dahl Commissioner Department of Agriculture RE: Agriculture - Beekeepers - Corporate Farming This in in reply to your letter of 27 November 1968 with regard to the beekeeping business. You ask whether a beekeeper may incorporate his business and when incorporated whether the business would be in violation of the Corporate Farming Act. Chapter 10-06 of the North Dakota Century Code, The Corporate Farming law of this state, does provide in section 10-06-01 that: "All corporations, both domestic and foreign, except as otherwise p

OPINION 68-390 November 26, 1968 (OPINION) Mr. Carl Jensen Claims Division Department of Veterans' Affairs RE: Taxation - Disabled Veterans Exemption - Residence This is in reply to your letter of November 9, 1968, in which you state the following question: We would like to have an Opinion as to whether or not a totally disabled veteran would be eligible for tax exemption under Code 57-02-08 if the veteran did not physically live within the state or on the property and whether or not the veteran, in order to apply for homestead rights, would have to physically reside on the p

OPINION 68-182 November 25, 1968 (OPINION) Mr. Kenneth Raschke Commissioner of Higher Education RE: Higher Education - Revenue Bonds - Authority to Issue This is in reference to a letter of November 13, 1968, from Mr. John S. Holten, Faegre & Benson, 1260 Northwestern Bank Building, Minneapolis, Minnesota, which you referred to our office. You request our opinion on the questions raised in Mr. Holten's letter. They are as follows: 1. Has the authority to issue bonds and construct married student housing facilities in an amount up to $300,000 granted by Chapter 147 of the Law

OPINION 68-26 November 20, 1968 (OPINION) Mr. William C. Smith First Vice President The Bank of North Dakota RE: Bank of North Dakota - Interest Limitation - Loans Secured by Fe or State Government This is in response to your letter in which you ask for a formal opinion on the following question: 'Does a loan that is guaranteed by the Small Business Administration, being an agency of the United States Government, fall within the scope of Sections 6-03-47, 6-03-47.1, 6-03-48, 6-03-49, and 6-03-50 as being a loan transaction excepted from the interest limitation in Section 47-

OPINION 68-324 November 15, 1968 (OPINION) Mr. Donald R. Holloway Securities Commissioner RE: Securities - Limited Partnership Interest - Subject to Act You recently requested an opinion from this office as to whether the sale or offer for sale of a limited partnership interest constitutes a sale or offer for sale of a "security" as that term is used in Chapter 10-04 of the North Dakota Century Code, more commonly referred to as the North Dakota Securities Act of 1951, as amended, hereinafter called the Securities Act. More particularly, you ask whether the sale of such an in

OPINION 68-513 November 8, 1968 (OPINION) Mr. Ronald G. Splitt State's Attorney LaMoure County RE: Townships - Roads - Sale of Land Acquired for Roads This is in reply to your letter of November 5, 1968, with regard to the disposition of a township road right-of-way. You inform us that in 1927 a township in your county acquired 2.08 acres of land with the intention of using the same as a part of its township road system. The acreage was never used for such purpose and the Township Board of Supervisors would now like to sell this property. The question presented to you is w

OPINION 68-111 November 8, 1968 (OPINION) Honorable Ted Weisenburger County Judge, Benson County RE: Counties - Courts of Increased Jurisdiction - Tribal Judge This is in response to your letter in which you advise that you have been unanimously approved for the position of Trial Judge with the Devils Lake Sioux Indian Reservation Tribal Council. The County Commissioners of Benson County have also given approval of your taking this position. You then call attention to Section 27-08-09 of the North Dakota Century Code and ask if performing the functions of Trial Judge and Co

OPINION 68-268 November 7, 1968 (OPINION) Mr. T. L. Secrest, State Chairman North Dakota Republican Party RE: Political Parties - District Meetings - Time This is in response to your letter in which you mention Section 16-17-10 and 16-17-10.1 of the North Dakota Century Code, which appear to be in conflict. Section 16-17-10, as amended and as is pertinent to the matter under discussion, is as follows: "MEETING OF DISTRICT COMMITTEE - ORGANIZATION. The district committee of each party shall meet at any hour between the hours of two o'clock p.m. and eight o'clock p.m. on the t

OPINION 68-525 November 6, 1968 (OPINION) Mr. Richard B. Thomas Ward County State's Attorney RE: Veterans - Discharge Papers - Not Public Records This is in reply to your letter of October 14, 1968, in which you request an opinion relative to the accessibility and examination of records of discharge filed with the clerk of the district court. The following facts and questions have been submitted: This office has been requested to obtain an opinion regarding the accessibility to records of discharge filed with the Clerk of District Court. In the past the Clerk of District Cour

OPINION 68-221 October 30, 1968 (OPINION) Mr. Alph J. Overby Griggs County State's Attorney RE: Motor Vehicles - Excessive Size - Duration of Special Permits This is in reply to your letter of date 22 October 1968 with regard to special permits for vehicles of excessive size. You inform us that the local utility operates a 3/4 ton 4x4 Army Surplus Vehicle with a Boom mounted on the front bumper. Overall length of the Vehicle is less than 20 feet, however, the boom extends more than three feet beyond the front of the vehicle, making it subject to excess size permit as provided

OPINION 68-82 October 28, 1968 (OPINION) Honorable Guy Larson, Senator Thirty-second Legislative District RE: Corporate Farming - Exemptions - Colleges and Charitable Corpora This is in response to your letter in which you refer to churches, colleges, lodges, fraternal organizations, and charitable corporations such as Boys' Ranch and Home on the Range for Boys. You then ask the following questions as to how Chapter 10-06 of the North Dakota Century Code, the Anti-Farming Corporation's Act, might apply to them: 1. Can the above mentioned organizations own farm land? 2. I

OPINION 68-174 October 24, 1968 (OPINION) Mr. Wilbur Boldt Deputy Commissioner North Dakota Game and Fish Department RE: Game and Fish - Proclamations - Purpose This is in reply to your letter with regard to legality of a provision in the 1968 hunting proclamation. You state that you have been asked by a county judge to ask our opinion concerning the legality of the wording in Section 3 of the 1968 hunting proclamation, "All bows must be unstrung at sundown each day and when in or on motor driven vehicles." You state you are basing this regulation on section 20-08-03 of the N

OPINION 68-304 October 23, 1968 (OPINION) The Honorable M. F. Peterson Superintendent of Public Instruction RE: Schools - Expenses of Board Members - School Boards Association This is in reply to your letter of October 17, 1968, in which you state the following facts and questions: According to a law enacted by the 1967 Legislature, the North Dakota School Boards Association is recognized and school boards as well as county associations may pay dues to the State Association. Does it follow that local school boards may pay the expenses of their delegates or representatives to t

OPINION 68-307 October 17, 1968 (OPINION) Mr. Richard B. Thomas Ward County State's Attorney RE: Schools - Special Reserve Fund - Depositories This is in reply to your letter of October 11, 1968, in which you enclosed a letter from Mr. Amandus Esterby, Ward County Treasurer, dated October 4, 1968. Mr. Esterby's letter is concerned with the special reserve funds of school districts and reads as follows: Can a school district demand that the county treasurer withdraw its special reserve fund from a depository already designated by the board of county commissioners to a deposito

OPINION 68-120 October 17, 1968 (OPINION) Mr. Dale H. Jensen Burleigh County State's Attorney RE: Counties - Poll Lists - Delivery to Federal Court This is in reply to your letter of October 9, 1968, relative to Public Law 90-274, an Act of Congress approved March 27, 1968, known as the "Jury Selection and Service Act of 1968." You state the following facts and questions: "Chief Judge George S. Register of the United States District Court of this District informs me that, pursuant to that Act, said Court has adopted a Plan for Random Jury Selection which has now been approve

OPINION 68-502 October 4, 1968 (OPINION) Mr. Edwin Sjaastad Tax Commissioner RE: Taxation - Withholding - Refund This is in response to your letter in which you state the following: "During the last half of 1967, a man who was a resident of Minnesota earned wages in North Dakota from which his employer withheld North Dakota income taxes as required by the 1967 withholding law, the provisions of which are found in sections 57-38-58 through 57-38-65, N.D.C.C. The employer paid the amount withheld to the tax department. The man and his wife then filed a timely North Dakota jo

OPINION 68-165 October 3, 1968 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Restrictions on Number - Excess Levies This is in response to your letter in which you state that the mill levy submitted to the electors at the last primary election was five mills. This proposal was rejected. You then ask: "Does the prohibition of Section 16-01-15 extend to all mill levies upon the same question or is it restricted to re-submitting an identical proposal that was previously submitted? For example, does the bar of the statute apply to a propose

OPINION 68-161 September 26, 1968 (OPINION) Mr. Raymond R. Rund Steele County State's Attorney RE: Elections - Presidential Electors - Residence This is in reply to your letter of September 23, 1968, with regard to the interpretation of Chapter 16-16 of the 1967 Supplement to the North Dakota Century Code, enclosing various items of correspondence you have noted with regard thereto and informing us of your expressed opinion in regard thereto. You indicate that it does not appear to you that mere absence from a polling place of itself is sufficient to enable a voter to take adv

OPINION 68-164 September 20, 1968 (OPINION) Mr. Robert Q. Price State's Attorney Cavalier County RE: Elections - Restrictions on Number - County Hospital Levy This is in response to your letter in which you state the following: "At the last primary election on September 3rd of this year the Cavalier County Memorial Hospital Association caused to be submitted to the electors of Cavalier County the question of authorizing a tax in aid of the Hospital under the provisions of Chapter 23-18, N.D.C.C. The electors defeated the proposal by a rather narrow margin." You then ask for

OPINION 68-331 September 17, 1968 (OPINION) Mr. Tor A. Hegland Executive Director North Dakota State Employees Retirement Board RE: State - Employees Retirement System - Definition of Employee This is in response to your letter in which you ask for an opinion on the following situation: Certain employees of the Memorial Mental Health and Retardation Center requested to be included in the North Dakota State Employees Retirement Program. Apparently this request was granted and the employees did participate in such program. Now the employees have requested to have the relatio

OPINION 68-222 September 12, 1968 (OPINION) Mr. Thomas Rutten Assistant State's Attorney Ramsey County RE: Motor vehicles - Foreign registration - Employment in state This is in reply to your letter of September 4, 1968, relative to Section 39-04-18(2)(e) of the North Dakota Century Code, as amended. You note the statute provides a motor vehicle may be operated upon the highways, roads, and streets of this State without being registered under the following circumstances, among others: "Passenger motor vehicles registered in any other state or territory, provided, however, that

OPINION 68-277 August 30, 1968 (OPINION) Honorable Carl J. Freeman Representative, District No. 6 RE: Real Property - Financing Statements - Description of Property This is in response to your letter in which you ask for an opinion on the following questions: 1. If an abstractor uses the uniform certificate, does he become obligated to show financing statements covering fixtures which became attached to real estate: (a) If the legal description of the land is included in the financing statement? (b) If the legal description of the land is not included in financing statement

OPINION 68-20 August 29, 1968 (OPINION) Mr. C. R. Krogstad Dairy Commissioner RE: Agriculture - Sale of Milk on Farm - Regulation This is in reply to your request for an opinion of this office with regard to the practice of selling milk directly from the dairy farm. You inform us that: "The practice of selling milk on dairy farms directly to consumers is fast becoming a widespread operation and at times is creating a problem within the Dairy Department due to unsanitary conditions created by filling milk into many types of containers without proper equipment. This is being d

OPINION 68-293 August 22, 1968 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Roads - Right-of-Way - Easement This is in reply to your letter of July 26, 1968. You inform us that the county, in the process of rebuilding and blacktopping a county road project, is attempting to acquire additional land greater than the 33 feet of public right-of-way. I assume your reference is to the 33 feet on each side of the section line. You inform us that the county has procured its additional right-of-way by purchase and receiving a deed from the owners to the addition

OPINION 68-68 August 19, 1968 (OPINION) Miss Phyllis A. Ratcliffe State's Attorney McKenzie County RE: Elections - Precincts - Annexation This is in reply to your letter of August 2, 1968, with regard to election precincts. You ask: "Can an unorganized township and an organized township combine for voting purposes?" You state that in certain areas of your county it would be advantageous for purposes of using the same election board, etc. We presume that you refer to a joining together of such entities pursuant to the provisions of section 16-09-01 of the 1967 Supplement to

OPINION 68-160 August 19, 1968 (OPINION) Miss Phyllis A. Ratcliffe State's Attorney McKenzie County RE: Elections - Precincts - Annexation This is in reply to your letter of August 2, 1968, with regard to election precincts. You ask: "Can an unorganized township and an organized township combine for voting purposes?" You state that in certain areas of your county it would be advantageous for purposes of using the same election board, etc. We presume that you refer to a joining together of such entities pursuant to the provisions of section 16-09-01 of the 1967 Supplement t

OPINION 68-396 August 7, 1968 (OPINION) Honorable Edwin Sjaastad Commissioner, Tax Department RE: Taxation - Exemptions - Farm Buildings This is in response to your request for an opinion pertaining to the exemption from property taxes for farm buildings and other farm improvements. Subsection 15 of section 57-02-08 of the North Dakota Century Code is quoted as follows: PROPERTY EXEMPT FROM TAXATION. All property described in this section to the extent herein limited shall be exempt from taxation, that is to say: * * * 3. All farm structures, and improvements located on

OPINION 68-32 August 6, 1968 (OPINION) Mr. H. L. Thorndahl, Jr. State Examiner RE: Banks - Rate of Interest - Credit Cards This is in response to your letter in which you ask if it is legal for a bank to charge 1 1/2 percent interest per month as a service charge on a credit card plan. The powers and authority of banks are set out in Section 6-03-02 of the North Dakota Century Code. Under Subsection 9 thereof, it is conceivable that a bank might engage in some form of credit card activity, however, as to the interest rate, we come to a different conclusion. Section 6-03-62

OPINION 68-166 August 6, 1968 (OPINION) Mr. William Heigaard Assistant State's Attorney RE: Elections - Special elections - Time This is in reply to your letter with regard to submitting a local question at the time of the primary or special elections to be held in the autumn of this year. You make reference to the last paragraph of section 25-12-12 of the North Dakota Century Code, as amended, providing: The governing body of any such political subdivisions for the purpose of operating, maintaining, or participating in the operation and maintenance of mental health and retard

OPINION 68-313 August 5, 1968 (OPINION) Mr. H. J. Snortland Assistant Superintendent Department of Public Instruction RE: Schools - Tuition - Attendance Out of State This is in reply to your letter of July 31, 1968, relative to a tuition matter. You state the following facts and questions: We have received a letter from Mrs. Ruth Rust, Clerk of Hillsboro Public School District. Mrs. Rust writes the following: 'One of the students from our district lived in Minneapolis with her brother for several months during the past school year.* * * She attended school while living

OPINION 68-305 August 5, 1968 (OPINION) Mr. Norman G. Tenneson Attorney at Law Fargo, North Dakota RE: Schools - Fargo School District - Expense Accounts This is in reply to your letter of July 31, 1968, relative to the Board of Education of the City of Fargo. You ask if we have issued an opinion as to whether school districts are included within the provisions of sections 44-08-03 through 44-08-05.1 of the North Dakota Century Code, as amended. You also ask for our opinion on the question of whether expense accounts of officers and employees of public school districts and

OPINION 68-159 August 2, 1968 (OPINION) Mr. Gordon O. Hoberg State's Attorney Logan County RE: Elections - Polling Places - Located Within County This is in reply to your letter of July 29, 1968, relative to the establishment of polling places. You note an opinion issued by this office to you on July 14, 1964, and further note that a change has been made in the law since the issuance of that opinion. Your question is as follows: Could the County Commissioners of Logan County establish a voting place for a Logan County precinct outside the boundaries of Logan County? In

OPINION 68-218 September 30, 1968 (OPINION) Honorable Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Emergency Vehicles - Security Agencies This is in response to your letter in which you state the following: We have, in the state of North Dakota, several privately owned and operated security agencies providing patrol service to commercial concerns. Usually this service is provided in the outlying districts of the more metropolitan areas. The vehicles driven by these security agencies are frequently equipped with such standard police equipment

OPINION 68-343 July 16, 1968 (OPINION) Honorable Walter Christensen State Treasurer RE: State - Institutions Benefit Fund - Disposition This is in response to your letter of July 2, 1968, in which you state the following: Currently the State Treasurer has a balance of $1,850.45 deposited to the credit of fund No. 382, titled, 'Institutional Benefit Fund', as referred to in Section 12-45-07 of the North Dakota Century Code. Since the law is very vague as to the purpose and use for which these funds are intended, we respectfully request your opinion as to what disposition shoul

OPINION 68-109 July 16, 1968 (OPINION) Mr. John A. Alphson State's Attorney Grand Forks County RE: Counties - Courthouses - Courtrooms This is to acknowledge receipt of your letter of July 8, 1968, pursuant to the request of your board of county commissioners, requesting an opinion regarding problems you have run into with regard to proposed remodeling of third floor juvenile and district courts. You state that two plans have been submitted by each of the District Judges resident in Grand Forks County and that neither judge is able to compromise his plan. Apparently the cou

OPINION 68-425 July 11, 1968 (OPINION) Honorable Walter Christensen State Treasurer RE: Taxation - Highway Tax Distribution - Time of Payment This is in response to your letter in which you set forth the following and ask for an opinion thereon: North Dakota Century Code, Section 54-27-19 establishes a Highway Tax Distribution fund, out of which the State Treasurer is to make allocations to the State Highway Department and to counties in North Dakota. Our specific question with regard to this law is: Will the normal distribution which will be made during the month of July (

OPINION 68-404 July 11, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemption of Farm Machinery - Proof of Payment of Sales Tax This is in response to your letter in which you ask for an opinion on the provisions of Section 57-02-20, as amended, of the North Dakota Century Code, which provides as follows: * * * No exemption shall be allowed, however, unless the buyer exhibits to the assessor satisfactory written proof on a form furnished by the state tax commissioner to retail sales or use tax permit holders only, that the North Dakota sales or use t

OPINION 68-420 July 3, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemptions - Public Purpose This is in response to your question whether or not part or all of a lot and a building on it and personal property in the building would be exempt from property taxes under the following situation, which is in the tentative planning stage. It is proposed to construct a memorial center honoring the memory of a former United States president, to consist of a one-story building approximately 40x100 feet in size. The building would have a twofold purpose, (

OPINION 68-79 June 5, 1968 (OPINION) Mr. Martin N. Gronvold, Executive Director Employment Security Bureau RE: Employment security bureau - Social security - Referendum This is in response to your request for an opinion regarding Section 52-10-11, as enacted by the 1967 Legislature through H.B. No. 801 (Chapter 375, 1967 S.L.). Along with your request for an opinion you also submitted correspondence between your office and the Social Security Office located at Kansas City, Missouri, for Region VI. In such correspondence several questions are raised and you have referred tho

OPINION 68-110 May 29, 1968 (OPINION) Honorable Evan E. Lips State Senator Bismarck, North Dakota RE: Interest - Corporations Borrowing Out of State - Rate This is in response to which you ask for an opinion on the following situation: May a North Dakota corporation which has applied for and obtained a Certificate of Authority to do business in another state borrow money in such other state in which the legal rates of interest are higher than North Dakota and in doing so, in good faith contract with the lender of the money in the other state, agreeing to pay a higher rate of

OPINION 68-211 May 27, 1968 (OPINION) Mr. J. H. Newton Secretary State Bar Board RE: State Auditor - Examination of Books - State Bar Board This is in reply to your letter of May 23, 1968, relative to the examination of the records of the State Bar Board. You state the following facts and questions: "For the past two years the state auditor has been billing the State Bar Board for the cost of the examination of the records of the State Bar Board. The query arises as to whether or not this is a proper charge, and I would respectfully request your opinion thereon. "The Sta

OPINION 68-57 May 24, 1968 (OPINION) Mr. Dale H. Jensen State's Attorney Burleigh County RE: Counties - Superintendent of Schools - Parochial Schools This is in reply to your letter of May 22, 1968, relative to the appointment of a deputy county superintendent of schools. You state the following facts and questions: Under section 15-22-06 of the North Dakota Century Code, it provides, where there are 50 or more teachers under the supervision of the county superintendent of schools, a deputy may be appointed. It appears that at this time in Burleigh County, the superintende

OPINION 68-34 May 24, 1968 (OPINION) Mr. Paul A. Muehler, City Attorney Hankinson, North Dakota RE: Cities - Recreation System - Appropriations This is in reply to your letter of May 22, 1968, with regard to the Summer Youth Program in your city. You inform us that for the past several years such a program has been organized by private citizens of your city. One purpose of same has been to provide recreation for the youth of your city, such as baseball and swimming. In the past the program has been financed by donations received from various organizations and private citi

OPINION 68-115 May 22, 1968 (OPINION) Mr. H. L. Thorndal, Jr. State Examiner RE: Interest - Insurance Costs - Federally Guaranteed Loans This is in response to your letter in which you refer to an earlier opinion which concluded that the one-half percent of the insurance costs making a total of seven and one-quarter percent comes within the prohibitions of section 47-14-09 of the North Dakota Century Code. You then ask if the transactions mentioned in sections 6-03-47, 6-03-47.1, 6-03-48 and 6-03-49 are excepted from the provisions of section 47-14-09 of the North Dakota Centu

OPINION 68-262 May 20, 1968 (OPINION) Honorable Edwin Sjaastad Tax Commissioner RE: Taxation - Exemptions - Definition of Income This is in response to your letter in which you observe that the term "income" as used in Subsection 2 of Section 57-02-21, as amended by the 1967 Legislature, is not defined. You also state that it is your understanding that the term "income" means the gross income of the individual, less the expenses directly attributable to and incurred by the individual in obtaining the income. You then set forth three illustrations and ask for our opinion whe

OPINION 68-128 May 14, 1968 (OPINION) Mr. Isak Hystad Chairman Board of Administration RE: Mental Health - Transfer from State Hospital to State School - L This is in response to the questions submitted to you by Dr. Charles C. Rand, Superintendent of the Grafton State School. In such letter, Dr. Rand sets forth that a young woman was committed to the State Hospital on March 14, 1958. The diagnosis given at the time was mental deficiency, moderate. On May 21, 1958, she was transported from the State Hospital to the Grafton State School by authority of the Jamestown Hospi