North Dakota AG Opinions, 1970

OPINION 70-207 December 17, 1970 (OPINION) Mr. George M. Ackre State's Attorney Towner County RE: Marriage - Incest - Adopted Relatives This is in reply to your letter of 9 December 1970 with regard to the application of the incest statutes of this state. Your letter indicates that your request is with regard to the legality of marriages between first cousins within the State of North Dakota where the parties to the marriage are related through adoption wherein one or the other of the first cousins was adopted into the family and no consanguine relationship exists. Your quest

OPINION 70-284 December 4, 1970 (OPINION) Mr. Dennis D. Schulz Secretary-Treasurer N. D. Real Estate Commission RE: Real Estate - Brokers Licenses This is in response to your request for an opinion of this office with regard to the application of section 43-23-05 of the 1969 Supplement to the North Dakota Century Code. You call our particular attention to that portion of the above cited statute providing that: "REAL ESTATE LICENSE REQUIRED. * * * No copartnership, association, or corporation shall be granted a license, unless every member of officer of such copartnership, a

OPINION 70-245 November 30, 1970 (OPINION) The Honorable Earl S. Strinden Representative Grand Forks, ND RE: Municipal Industrial Development Act - Health Facilities - Autho Project This is in response to your letter in which you mention that some local legislators met with hospital officials and discussed ways and means of providing hospital services. Plans were discussed for a new hospital and the question arose whether or not the provisions of Chapter 40-57 would be applicable and available to the city of Grand Forks. You specifically ask for an opinion whether or not th

OPINION 70-23 November 23, 1970 (OPINION) Mr. H. L. Thorndal President The Bank of North Dakota RE: Bank of North Dakota - Small Business Investment Corporation - Ownership of Stock. This is in response to your request for an opinion on the question whether or not the Bank of North Dakota can become a regular stockholder (Section 10-30-06), and if so, could we also be a nonstockholder member? If we could be a stockholder, is there any limit to how much the Bank of North Dakota could invest? $75,000? Another question is: Could a member of our advisory board act as a board member on a

OPINION 70-29 November 12, 19701(OPINION) Mr. G. W. Ellwein Commissioner Department of Banking and Financial Institutions RE: Banks - Municipal Development Act Bonds - Limits on Purchase This is in response to your letter in which you call to our attention to Section 40-57-10 and then ask for an opinion whether or not banks organized and chartered under the laws of this state may purchase revenue bonds issued under the provisions of Chapter 40-57 from more than one issuer as long as each purchase does not exceed 5 percent of their capital. To help clarify the question presented, you g

OPINION 70-112 November 5, 1970(OPINION) Mr. Leo J. Beauclair State's Attorney Barnes County RE: Counties - Officials - Salaries This is in response to your letter in which you state the following: "Several weeks ago, I believe that your office issued an opinion relative to the salaries of county officials as the same will be affected by the Federal Census for 1970. I believe that the opinion states that the officials elected to office in 1970 will not have a salary decrease until another election is held. Is this correct? "In Barnes County we will have a Court of Increased Jurisdic

OPINION 70-40 October 29, 1970(OPINION) Mr. Glenn Dill City Attorney Kenmare, ND RE: Cities - Elections - Polling Places in Precincts This is in reply to your letter of October 26, 1970, in which you state the following facts and questions: "I have been requested by the city council of the City of Kenmare to request an official opinion regarding whether Chapters 4021 and/or 1609 of the North Dakota Century Code require that a polling place for a specific precinct be within that district. "The ordinary polling place for the third ward for the city of Kenmare has been abandoned by th

OPINION 70-309 September 29, 1970 (OPINION) Mr. Curtis Olson State Auditor RE: State - Audits - Nonresident CPA This is in reply to your letter of September 22, 1970, with regard to out-of-state Certified Public Accountants, not certified in North Dakota, auditing counties, cities, and schools in North Dakota. You refer us to chapters 54-10 and 43-02 of the North Dakota Century Code. Section 43-02-17 of the of the North Dakota Century Code makes it a misdemeanor to "Assume to practice as a certified public accountant without first having received a certificate as provided in

OPINION 70-202 October 26, 1970 (OPINION) Mr. Richard J. Wolfert Director State Library Commission RE: Libraries - Service - Financing This is in reply to your letter of October 13, 1970, with regard to library service and financing patterns. You inform us that some North Dakota public libraries supported by city library mill levies currently and traditionally have provided free library service to the residents of the surrounding county or school district rural areas with no tax support directly from these surrounding rural areas so served. You further inform us that some N

OPINION 70-230 October 23, 1970 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department RE: Motor Vehicles - Motorcyles - Modification This is in reply to your letter of date october 19, 1970, with regard to the application of section 39-21-45.1 of the 1969 Supplement to the North Dakota Century Code. You indicate you are asking our advice regarding the legality of registering a motorcycle that has been modified by extending the front wheel and front end assembly. You enclose copies of correspondence you have had with regard to a particular situation, and you inform

OPINION 70-345 October 22, 1970 (OPINION) Mr. James E. Sperry Superintendent State Historical Society RE: State - Peace Garden - Responsibility of State Historical Society This is in reply to your letter of October 13, 1970, in effect asking the following questions: 1. Is the State Historical Board, as trustee of the state of North Dakota responsible for the supervision of construction of any buildings constructed upon the International Peace Garden land when the funds therefore have been appropriated by the State Legislature? Is the responsibility the same for buildings

OPINION 71-306 October 22, 1971 (OPINION) Mr. Harold G. Vavra Director Aeronautics Commission RE: State - Aeronautics Commission - Authority This is in response to your letter of October 4, 1971, requesting opinion and certification of this office as to the legal authority and power of the North Dakota Aeronautics Commission with regard to a statewide airport system planning project. We assume that for purposes of this inquiry "airport system planning," means as defined in subdivision 5 of 49 USCA section 1711: * * * the development for planning purposes of information and gu

OPINION 70-115 October 22, 1970(OPINION) Mr. Erwin H. Brendel State's Attorney Renville County RE: Counties - Redistricting - Census Figures This is in reply to your letter of October 15, 1970, with regard to county redistricting as same may affect your county. Your letter states that you have three commissioner districts in the county and, of course, have every intention of complying with the statute. However, due to the fact that the 1970 census did not break down your county's population by township, it makes it difficult for obvious reasons. You suggest that our office has no dou

OPINION 70-319 October 21, 1970 (OPINION) Mr. Lloyd F. Zander Commissioner, Department of Veterans Affairs Fargo, ND RE: State Game and Fish Licenses - Members of Armed Forces This is in reply to your letter of October 14, 1970, relative to section 20-03-05 of the North Dakota Century Code relating to resident licenses which may be issued to servicemen at the discretion of the Commissioner of North Dakota Game and Fish Department. You state the following facts and questions: According to our interpretation, the above section among other provisions gives the State Game and F

OPINION 70-227 October 21, 1970 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner State Highway Department RE: Motor Vehicles - Implied Consent Law - Validity of Arrest at Nig This is in reply to your letter of October 8, 1970, with regard to your administration of the Implied Consent Law as set forth in Chapter 39-20 of the North Dakota Century Code as amended to date. You mention that on numerous occasions the issue has been raised that an arrest made at night for an offense not committed in the officer's presence was not a valid arrest under the provisions of Section

OPINION 70-100 October 15, 1970(OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Counties - Election of Commissioners - Number of Write-in Votes This is in response to your letter in which you referred to the fact that one of the county commissioners resigned on September 28, 1970. You then ask if a person seeking to run by write-in votes for the unexpired term of the commissioner who just resigned will be required to secure a certain number of votes before he would be considered elected. Your question is related only to the unexpired term and not to the election of cou

OPINION 70-109 September 30, 1970(OPINION) Mr. Thomas L. Secrest State's Attorney Adams County RE: Counties - Officers - Candidate for Two Offices This is in response to your letter in which you set forth that a person sought at the Primary Election received the nomination for both offices. You then ask for an opinion if this person may have his name appear on the ballot as a nominee for both the office of state's attorney and the office of county justice. The two offices mentioned are incompatible and one person may not hold both offices. On July 22, 1970, in a letter addressed to yo

OPINION 70-87 September 29, 1970(OPINION) Mr. Curtis Olson State Auditor RE: Counties - Bridges - Advertisement for Bids This is in response to your letter in which you state the following: 1. If the estimate of the bridge is $7,000 or over, must the county advertise for bids and award to the lowest responsible bidder? If all bids are rejected by the county, should the above procedure again be followed as outlined in 24-08-01? 2. If the county furnishes its own bridge material (lumber, precast concrete beams, piling, etc.) is the value of material to be used in determining estima

OPINION 70-138 September 28, 1970(OPINION) The Honorable Ben Meier Secretary of State RE: Elections - Ballots - Primary Loser Not On General Election Ball This is in response to your request for an opinion whether or not under the laws of the State of North Dakota you may accept the certificate of nomination in behalf of C. Warner Litten and place his name on the general election ballot for the office of State Senator from the Twenty-first Legislative District. The facts to be considered are that C. Warner Litten was a candidate for nomination as State Senator from the Twenty-first Legi

OPINION 70-216 September 25, 1970 (OPINION) Mr. Bernard Larsen Director, Commission on Alcoholism State Capitol RE: Mental Health - Commitment - Procedure This is in reply to your letter of September 22, 1970, in which you state the following facts and questions: We frequently are asked about the correct procedure for having an alcoholic committed for treatment and also whether or not an alcoholic can be committed to a facility other than the State Hospital such as the Heartview Foundation in Mandan. There also seems to be considerable discrepancy in the way commitment proced

OPINION 70-266 September 21, 1970 (OPINION) Mr. Al Doerr Secretary State Board of Pharmacy Bismarck, ND RE: Pharmacists - Prescriptions - Ownership Dear Mr. Doerr: This is in reply to your letter of September 11, 1970, relative to ownership of prescriptions. You state the following facts and questions: Of late this office has been approached on the question of the ownership of a prescription (the physician's order). Once a doctor has written a prescription or an order and hands it to his patient has he lost all control of that order? In turn the patient hands this presc

OPINION 70-89 September 16, 1970(OPINION) Mr. Eugene Kruger States Attorney Cass County RE: Counties - Cemetery Maintenance - Obligatory This is in reply to your letter of September 8, 1970, with regard to the sale of the county farm. You inform us that adjacent to the property offered for sale is the county hospital. Three cemeteries are located upon the property offered for sale, which were established by the county for the burial of deceased patients from the hospital. One of these cemeteries continues to be used for this purpose. You letter further indicates that in the bid speci

OPINION 70-61 September 16, 1970(OPINION) The Honorable Ben Meier Secretary of State Bismarck, ND RE: Constitution - Convention - Election of Delegates This is in response to your request for an opinion on the following matter: "Chapter 462 of the 1969 Session Laws relating to the State Constitutional Convention provides in part that a person who desires to be a delegate to the Constitutional Convention may file a nominating petition with the Secretary of State not less than thirty days before the next general election to have their name placed on the ballot. Thirty days before the gen

OPINION 70-210 September 14, 1970 (OPINION) Mr. Richard B. Bear Assistant States Attorney Bismarck, North Dakota RE: Mental Health - Commitment - Procedure Your letter of August 26, 1970, with regard to mental health board procedures was referred to my desk for the necessary attention and reply. It points out that our statutes provide for commitment of individuals to a state institution or other suitable place. It further mentions that there are two procedures under Chapter 25-03, emergency hospitalization and involuntary hospitalization. It indicates that the latter proc

OPINION 70-142 September 14, 1970 (OPINION) The Honorable Ed Doherty State Senator, Thirteenth District New Rockford, ND RE: Elections - Campaign Expenses - Statement Not Required This is in reply to your letter of September 10, 1970, in which you set forth the following facts and questions: "It is my understanding that, according to Section 16-20-04, N.D.C.C., it is no longer necessary for candidates for public office in North Dakota to file a statement of moneys expended, contributed or promised with a county or state official. "It appears the old law making such a require

OPINION 70-107 September 14, 1970(OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Counties - Mental Health Levy - Elimination This is in reply to your letter of September 10, 1970, in which you set forth the following facts and questions: "The voters in the General Election will be voting on a levy not to exceed three-quarters of a mill for Mental Health Service Units. "If the measure passes and in years to come if there is dissatisfaction with the program: "1. Can the Board of County Commissioners eliminate the three-quarter mill levy on their own prerogative byres

OPINION 70-5 September 11, 1970 (OPINION) Mr. Glenn Dill Assistant State's Attorney Ward County Courthouse RE: Ambulances - Tax Levy - Not Excess Levy This is in reply to your letter of September 4, 1970, relative to a mill levy for ambulance service. You state the following facts and questions: "I have been requested by the Board of County Commissioners of Ward County to request an official opinion regarding whether sections 57-15-50 and 57-15-51 of the North Dakota Century Code contain authorizations for a levy for city or county ambulance which are over and above the basic mill le

OPINION 70-99 September 10, 1970(OPINION) Mr. Leo J. Beauclair State's Attorney Barnes County RE: Counties - Court of Increased Jurisdiction - Election of County This is in response to your letter in which you state that the question of whether or not the county court should be given increased jurisdiction was favorably voted upon by the electorate in the election held on September 1. You then make the following observations: "Since Section 27-08-04 provides that the change in the jurisdiction of the court becomes effective upon 'the expiration of the t

OPINION 70-152 September 10, 1970 (OPINION) Mr. M. C. Hiaasen State's Attorney Benson County RE: Elections - Vacancy on General Election Ballot - Nomination Decl This is in response to your letter in which you state the following: "One Joe Chaske of Fort Totten, North Dakota filed petitions to get on the ballot for sheriff. After the ballot was printed, he called at the Benson County Farmers Press office and stated he was no longer a candidate for sheriff. I am enclosing the writeup by the Benson County Farmers Press stating that Mr. Chaske was no longer a candidate. Ther

OPINION 70-295 September 2, 1970 (OPINION) The Honorable Earl H. Redlin State Senator Twenty-eighth District Ellendale, ND RE: School Districts - Fees - Validity This is in reply to your letter of August 25, 1970, relative to the following facts and questions: Enclosed find fee schedule for the 1970-71 Ellendale Public School year. The local school has tried unsuccessfully twice, to pass a mill levy increase. It is the opinion by some that this fee schedule is to circumvent the inability of the school to pass the levy. I have been requested by interested patrons whether a

OPINION 70-67 August 31, 1970(OPINION) Mr. R. J. Bloedau Republican Chairman of the 38th Legislative District Mott, ND RE: Constitution - Convention - Legislators May Be Delegates This is in response to your request for an opinion on the following questions: 1. Are members of the Forty-first Legislative Assembly eligible to be elected or to serve in the proposed constitutional convention? 2 Could senators and representatives elected to serve in the Forty-second Session which will convene in January be eligible delegates to the proposed constitutional convention? You call our attention to

OPINION 70-22 August 24, 1970 BANK OF NORTH DAKOTA - REFERRAL OF BUILDING - EXPLANATION OF VOTE Mr. Dale H. Jensen States Attorney Bismarck, North Dakota This is in reply to your letter of 24 August 1970, with regard to Measure No. 1, a referral on a building that would be added to the Capitol and would house the North Dakota State Bank Building. You indicate that you would appreciate our clarifying what a yes vote or a no vote on Measure No. 1 would do. We are enclosing herewith Xerox copy of the Secretary of State’s notification to county auditors of the measures to be submitted to t

OPINION 70-290 August 19, 1970 (OPINION) Mr. Leslie R. Burgum Assistant State's Attorney Jamestown, ND RE: Real Estate - Recording of Deeds - State Deed Need Not Be Acknow This is in response to your letter of August 10, 1970, with regard to the interpretation of section 47-19-02 of the North Dakota Century Code. You indicate that the register of deeds of your county is concerned about this statute and has raised the question as to whether or not deeds issued by the state of North Dakota, signed by the Governor and attested by the Secretary of State with the Great Seal affixed

OPINION 70-2 August 18, 1970 (OPINION) Mr. Gerald Rustad Assistant State's Attorney Williams County RE: Alcoholic Beverages - County License Fees - Amount This is in reply to your letter of August 7, 1970, wherein you request an opinion on Section 5-02-03 of the North Dakota Century Code which section concerns itself with the establishment of local license fees for alcoholic beverage licenses. You ask the following question: May the board of County Commissioners by resolution set the annual local license fees at varying amounts for the various establishments throughout the county?"

OPINION 70-188 August 14, 1970 (OPINION) Mr. J. M. Glaser Deputy Commissioner Labor Department RE: Labor - Females - Hours Limited This is in reply to your letter of August 6, 1970, wherein you inquire as to an interpretation of a provision contained in Section 34-06-06 of the North Dakota Century Code. You ask the following question: Our question is particularly with regard to the wording, which prohibits the employment of females for longer than six days in any one week. In your opinion does the statute intend that females should have a day off after any six days of wor

OPINION 70-470 August 6, 1970 (OPINION) Mr. Leo J. Beauclair Barnes County States Attorney RE: Waters - Legal Drains - Liability for Damage This is in reply to your letter of July 29, 1970, requesting an opinion of this office with regard to liability for establishment and construction of legal drains, by local boards of drainage commissioners. You call our attention to Chapter 61-21 of the North Dakota Century Code empowering the board of drainage commissioners to establish and construct legal drains in the county whenever the same shall be conducive to the public health, con

OPINION 70-274 August 4, 1970 (OPINION) Mr. E. F. Welch State Plumbing Inspector State Plumbing Board State Office Building RE: Public Buildings - Plumbing - Authority of Plumbing Board This is in reply to your letter requesting an opinion of this office as to whether or not the State Plumbing Board can require that all plumbing work done on state owned buildings be done under the supervision of a licensed master plumber and that all plumbing work performed be done by licensed journeyman plumbers. You are undoubtedly aware of the provisions of subsection 1 of section 43-18-08

OPINION 70-264 August 3, 1970 (OPINION) Mr. Charles Bosch Motor Vehicle Registrar State Capitol RE: Notary Public - Signatures - Use of Facsimile This is in response to your letter dated July 23, 1970, wherein you request our opinion regarding the use of facsimile signatures by a notary public. You submit the following in your letter: "We have recently been asked by a Notary Public if he could use a 'signature stamp' when notarizing North Dakota certificates of title. This is a situation where a signature stamp would be preferable rather than signing the signature, due to

OPINION 70-394 July 31, 1970 (OPINION) Senator Edwin C. Becker 204 Avenue A West Bismarck, ND RE: Taxation - Exemption Parochial Schools Used for Other Purposes This is in response to your letter in which you state that a number of parochial schools throughout the state are being closed and a number of buildings owned by religious organizations as well as parishes are standing idle and are used only occasionally for religious purposes. The question has arisen whether such property is exempt from taxation. In your opinion these properties would not be taxed unless the same

OPINION 70-32 July 27, 1970(OPINION) Mr. Idean M. Locken City Attorney Lakota, ND RE: Cities - Alcoholic Beverage License - Service on City Council This is in reply to your letter of July 7, 1970, wherein you state that due to certain circumstances which have presented themselves in your city, you request a reviewal of previous opinions issued several years ago by this office which in effect held that a person holding an alcoholic beverage license from the city cannot serve on the city council. You also request that such reviewal includes the question of whether a person holding an al

OPINION 70-277 July 27, 1970 (OPINION) Mr. Calvin N. Rolfson Pembina County State's Attorney RE: Public Welfare - County Residence - Residence in Hospital This is in reply to your letter requesting an opinion of this office with regard to county residence for poor relief purposes under the provisions of section 50-02-04 of the North Dakota Century Code. You quote that portion of said section 50-02-04 stating: "RESIDENCE IN COUNTIES - HOW GAINED. If no type of public assistance of poor relief, whether county, state, or federal, has been received, residence in a county, for poo

OPINION 70-74 July 16, 1970(OPINION) Mr. Albert J. Hardy Assistant State's Attorney Stark County RE: Coroners - Autopsy - Consent of Relatives This is in reply to your inquiry with regard to the legality of a County Coroner conducting an autopsy without the permission of the deceased or next of kin pursuant to statute. Your questions are stated as: 1. May a coroner conduct an autopsy without the consent of the next of kin when the decedent has not been under doctor's care and upon cursory examination of the body the County Coroner is strongly suspicious of the decedent having died o

OPINION 70-55 July 16, 1970(OPINION) Mr. James H. Williams State's Attorney Eddy County RE: Cities - Water and Sewer Extension - Payment by City This is in reply to your letter of 12 June 1970 with regard to a proposed extension of water and sewer lines. Your letter informs us that it has been proposed that the governing body of your city, upon its own motion, expend funds from its water and sewer operating fund for the purpose of extending city water and sewer lines to the boundary of a tract of land being developed as an industrial park. Your letter further informs us that the indust

OPINION 70-194 July 15, 1970 (OPINION) Mr. Austin Engel North Dakota Indian Affairs Commission State Capitol RE: Legislature - Indian Affairs Commissioner - Eligibility to Serve This is in response to your request for an opinion on the following question: Under the laws of North Dakota, is it possible for an employee of the N.D. Indian Affairs Commission to be a candidate for the N.D. Legislature and, if elected, to serve in that body and still continue as an employee of the N.D. Indian Affairs Commission?" A somewhat similar question arose in 1966. Enclosed is a copy of an

OPINION 70-124 July 13, 1970(OPINION) The Honorable W. J. Austin County Judge Burleigh County Court of Increased Jurisdiction RE: Counties - Salaries of Officers - Increase This is in response to your letter in which you call our attention to the provision of section 11-10-10 of the N.D.C.C. as amended by Chapter 129 of the 1969 Session Laws. You then ask for an opinion whether or not the county commissioners may take advantage of this section to raise the salary of a judge of a county court of increased jurisdiction by 10 percent. Section 11-10-10 as amended, among other things, prov

OPINION 70-280 July 7, 1970 (OPINION) Mr. Thomas E. Rutten Assistant States Attorney Devils Lake, ND RE: Public Welfare - Liability of Stepfather for Support - ADC Eligibility This is in response to your letter in which you asked for an opinion whether or not the case of King v. Smith, 392 U. S. 309, 20 L. Ed. 2d. 1118, has any effect on section 50-09-08.1 of the North Dakota Century Code. Your inquiry is prompted by Manual Letter No. 765 issued by the executive director of the Public Welfare Board of the state of North Dakota dated June 23, 1970, which states: "Paragraph 1.

OPINION 70-339 July 1, 1970 (OPINION) Mr. James E. Sperry Superintendent State Historical Society Liberty Memorial Building RE: State - Peace Gardens - Authority of Historical Society This is in reply to your request for an opinion of this office with regard to a contemplated agreement between the State Historical Board and the Bureau of Outdoor Recreation to receive funds for improvements at the International Peace Garden. Your letter states that a project proposal was submitted and withdrawn in 1967 due to questions raised by the Bureau of Outdoor Recreation. You indicat