North Dakota AG Opinions, 1971

OPINION 71-405 December 13, 1971 (OPINION) Mr. Bert L. Wilson, Jr. State's Attorney Burke County RE: Taxation - Mobile Homes - No Proration or Refund This is in response to your letter in which you state the following facts: A certain party bought a mobile home to be occupied as a residence and taxed under 57-55, paying the first installment in January, 1971, receiving a temporary decal. In July of the year he traded his mobile home for another with a licensed mobile home dealer and attached the new home to a permanent foundation on land owned by him which will now be asses

OPINION 71-83 December 3, 1971 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Coroners - State's Attorneys Inquests - Transcript This is in response to your letter in which you state that you held a State's Attorney's inquest concerning the death of two persons in a two-car automobile accident. You further advise that one of the drivers was represented by an attorney and the testimony of witnesses was reduced in writing by a court reporter. The advisory jury concluded that the driver represented by legal counsel should not be charged with any criminal vio

OPINION 71-261 November 30, 1971 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Notary Public - Oaths - Defined This is in reply to your letter of November 23, 1971, in which you request our opinion on the following: It has been brought to my attention that two cases which involve drivers suspended for refusal to take a chemical test for intoxication have had their licenses reinstated, for the reason that the officer that signed the affidavit was improperly sworn. In these two cases the officer signed the affidavit before a notary but was not

OPINION 71-354 November 23, 1971 (OPINION) Mr. Victor Abraham Bank Examiner Department of Banking and Financial Institutions RE: State - Retirement System - Officer of Employee This is in response to your request for an opinion whether or not you are to be considered an employee or an appointive official under the North Dakota Employees Retirement Act. The specific provision and the retirement act which has application in this instance is section 54-52-01(2) and it provides as follows: 'Eligible employee' shall mean all permanent employees who meet all of the eligibility re

November 22, 1971 TAXATION - MULTISTATE COMPACT - EFFECT Mr. Byron L. Dorgan Tax Commissioner This is in response to your letter in which you state that as a result of the enactment of Chapter 57-59 (Multistate Tax Compact) the state of North Dakota has become a member of the Multistate Tax Commission. The requisite number of states (minimum of seven) as provided for in Article X of the Compact having enacted the same law, the provisions of the Multistate Tax Compact are now in full force and effect. In reality, twenty-two states have now enacted the same law. Article VIII of the Compact provi

OPINION 71-39 November 12, 1971 (OPINION) The Honorable Bernice Asbridge State Treasurer RE: Cities - Distribution of Tax Funds - Dissolution This is in reply to your letter of November 9, 1971, concerning the distribution of the Highway Tax Fund and the Cigarette Tax. You state the following facts and questions: "According to the North Dakota Century Code, the State Treasurer is directed to distribute the Highway Tax Fund (Section 54-27-19) monthly, and the Cigarette Tax (Section 57-36-31) semiannually on a per capita basis to incorporated cities. "As of November 1, 1971,

OPINION 71-424 November 9, 1971 (OPINION) Mr. Thomas Kelsch State's Attorney Burleigh County RE: Taxation - Personal Property Replacement - Reduction of Levies This is in response to your letter in which you state that some questions have come up as to the manner in which the county auditors shall apply the provisions of Section 57-58-01.1. You stated the questions as follows: 1. Does Section 57-58-01.1 apply in a case where the 1971 bonded indebtedness levy of a political subdivision is for retirement of a bond issue that was approved by the voters at an election that wa

OPINION 71-225 November 9, 1971 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department RE: Motor Vehicles - Commercial Trailers - Registration Plates This is in response to your letter in which you state the following: "House Bill 1553, passed by the 1971 North Dakota Legislative Session, provides that vehicles used in commercial freighting must be registered annually with the Motor Vehicle Department. Section 39-04-19(4) of the North Dakota Century Code provides for a $10.00 identification plate fee for all commercial trailers. Also note Attorney General's Opinion d

OPINION 71-118 November 2, 1971 (OPINION) Mr. Joseph C. McIntee State's Attorney McHenry County RE: Counties - Redistricting - Compensation of Board This is in response to your letter in which you ask for an opinion concerning Chapter 11-07 of the North Dakota Century Code relating to county redistricting. You state: "The question has arisen as to whether or not the township supervisors called to a meeting by the County Auditor are permitted to be paid mileage and if so, would such mileage be paid for out of general county funds or should it be paid from the respective town

OPINION 71-15 October 28, 1971 (OPINION) Mr. H. L. Thorndahl President Bank of North Dakota RE: Bank of North Dakota - Farm Loans - First Mortgage This is in response to your letter of October 13, 1971, wherein you make request for an opinion of this office regarding Section 6-09-15 of the North Dakota Century Code, as the same relates to mortgage requirements for farm loans. You submit the following facts and inquiry in your letter: "The Farmers Home Administration has instituted a new program whereby they will subordinate their first mortgage position to another lending i

OPINION 71-247 October 21, 1971 (OPINION) Mr. John O. Garaas State's Attorney Cass County RE: Municipal Industrial Development Act - Mortgage - Foreclosure Proceedings This is in response to your letter of October 12, 1971, wherein you request an opinion of this office regarding the construction of section 40-57-03 of the North Dakota Century Code, as the same relates to the foreclosure of property acquired under the Municipal Industrial Development Act. You submit the following facts and inquiry in your letter: "I am requesting an opinion from your office as to whether the

OPINION 71-313 October 15, 1971 (OPINION) Mrs. Bernice Asbridge State Treasurer RE: State - Escheat - Postal Savings This is in response to your letter of September 17, 1971, wherein you make inquiry of this office with regard to chapter 518 of the 1971 North Dakota Session Laws relating to escheat of postal savings system accounts. You submit the following in your letter: "This office has encountered a problem in regard to the Escheat of Postal Savings System Accounts. "Senate Bill No. 2181 (chapter 518, 1971 Session Laws) was passed by the 1971 Legislative Session with the

OPINION 71-353 October 13, 1971 (OPINION) Mr. L. A. Koehler State Food Commissioner and Chemist State Laboratories Department RE: State - Restaurant Licenses - Prepackaged Foods This is in reply to your letter of August 30, 1971, wherein you request the opinion of this office with regard to whether section 5-02-07, North Dakota Century Code, which permits the serving of prepackaged preserved pizzas and sandwiches in bars, should also be construed to permit the serving of such pizzas and sandwiches at places other than bars, which places have not been licensed under the restau

OPINION 71-465 October 8, 1971 (OPINION) Mr. Joseph C. McIntee State's Attorney McHenry County RE: Townships - Levy for Debt - Unorganized Townships This is in response to your letter of September 20, 1971, wherein you make request of this office for an opinion regarding the provisions of Section 57-15-30.1 of the North Dakota Century Code, as amended. You submit the following facts and question in your letter: "The Board of County Commissioners of McHenry County, North Dakota, have requested through my office, an opinion from you relative to the above captioned section, which

OPINION 71-257 October 6, 1971 (OPINION) The Honorable Robert F. Reimers Representative Carrington, ND RE: Municipal Industrial Development Act - Projects - Location This is in response to your letter of September 23, 1971, wherein you make inquiry of this office requesting an official opinion regarding Chapter 40-57 of the North Dakota Century Code, relating to the Municipal Industrial Development Act. You submit the following questions in your letter: 1. Would it be possible, under the terms of the North Dakota Municipal Industrial Development Act, for the City of Jame

OPINION 71-374 September 28, 1971 (OPINION) The Honorable Donald C. Holand State Senator Fargo, ND RE: Statutes - Responsible Relatives - Retroactive Effect This is in response to your request for an interpretation of Section 25-09-04 of the North Dakota Century Code. This section was amended by the Legislative Assembly in 1971. The pertinent provision of this section prior to the amendment read as follows: "* * *For the purposes of this chapter and title 25 of this code 'responsible relatives' shall mean the patient's spouse, father, mother or children." The 1971 Legislat

OPINION 71-268 September 21, 1971 (OPINION) Mr. John O. Garaas States Attorney Fargo, ND 58102 RE: Public Bids - Certified Check - Cashier's Check This is in response to your letter of September 16, 1971, wherein you request an opinion of this office regarding section 11-11-28 of the North Dakota Century Code, as amended. You submit the following in your letter: "I am requesting an opinion from your office as to section 11-11-28 of the North Dakota Century Code as amended in 1971. The advertisement for bids was made subsequent to July 1, 1971, and specified that bids must

OPINION 71-283 September 13, 1971 (OPINION) Mr. Leslie O. Ovre Executive Director Department of Human Services RE: Public Welfare - Residency Statute Constitutionality This is in response to your letter in which you call our attention to the decision of the United States Supreme Court in Graham v. Richardson, 29 L. Ed. 2d. 534. You then ask in view of the decision in section 50-24-03(1) valid? Section 50-24-03(1) provides as follows: "ELIGIBILITY. Assistance shall be granted under this chapter to any person who shall meet the following requirements: 1. Has resided ten

OPINION 71-177 September 9, 1971 (OPINION) Mr. Walter R. Hjelle State Highway Commissioner RE: Highways - Revenues - Use You have requested an Opinion as to your authority to expend up to $18,000 of State Highway Funds for the conducting of a cooperative demonstration-research project which will cover a period of one year and involve an expenditure of $60,000, and which will provide for shuttlebus services for children, elderly, the poor, the handicapped and others who may be isolated without means of transportation and who can show a necessity to be transported to a central hu

OPINION 71-143 September 1, 1971 (OPINION) Mr. Richard B. Thomas State's Attorney Ward County RE: Elections - Residency - College Students This is in response to your letter in which you state that it is desirable to have a ruling as to where eighteen-year-old persons are permitted to vote. This question arises as the result of the ratification of the Twenty-sixth Amendment to the United States Constitution. With your request you forwarded a letter from the North Dakota Students Association in which they contend that since census counts a resident student as part of a coll

OPINION 71-8 August 27, 1971 (OPINION) Mr. Leland R. Miller Dairy Commissioner Department of Agriculture RE: Agriculture - Livestock Sales Rings and Dealers - Licenses This is in reply to your letter of 18 August 1971 requesting an opinion of this office with regard to livestock dealers. Your first question is stated as: 1. Can livestock markets or sales rings purchase livestock to protect the market without being legally licensed or bonded by this department?" For an example you give us: "Example: A market or sales ring owner, manager, or operator when approached for se

OPINION 71-127 August 27, 1971 (OPINION) Mr. Donavon K. Stetson State's Attorney Ransom County RE: Counties - Taxation - Levy for Historical Works This is in response to your letter in which you call our attention to Section 11-11-53 which authorizes a one-quarter mill levy for historical works. You then ask whether or not the one-quarter mill levy is subject to the twenty-mill limitation as prescribed by Section 57-15-06. Section 11-11-53(2) as amended among other things provides that the board of county commissioners is authorized to levy a tax "in addition to all levies

OPINION 71-376 August 26, 1971 (OPINION) Mr. L. A. Koehler State Food Commissioner and Chemist State Laboratories Department RE: Statutes - Uniform Controlled Substances Act - Schedules - Revis This is in reply to your letter of August 18, 1971, with regard to proceedings by your department under North Dakota's Uniform Controlled Substances Act, Chapter 19-03 of the 1971 Supplement to the North Dakota Century Code, in relation to proceedings under the Federal Drug Abuse Prevention and Control Act, Title 21, USCA 801 through 965. You inform us that you have been advised by the

OPINION 71-329 August 25, 1971 (OPINION) Mr. Tor Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Group Insurance - Life Insurance This is in response to your letter in which you refer to an opinion issued by this office on August 9, 1971, and its conclusion and then state the following: "It has come to my attention that approximately 1,500 state employees, primarily female employees, are covered by hospital-surgical and major medical insurance under their husbands' contract. In accordance with your opinion, these state employees would

OPINION 71-134 August 25, 1971 (OPINION) Mr. Clifton M. Anderson Clerk of District Court and Judge of County Court Divide County RE: Courts - Jurors - Age This is in response to your letter in which you state as follows: This office would appreciate a written opinion from your office regarding Section 27-09.1-08 subsection 2(a), North Dakota Century Code regarding the age of jurors. Due to recent federal legislation when the voting age has been lowered to 18 years, would this have any bearing on the above section and also on Section 14-03-17 subsection 1, regarding age of mal

OPINION 71-463 August 23, 1971 (OPINION) Mr. Linn Sherman State's Attorney Kidder County RE: Townships - Levy for Debt - Amount This is in response to your letter in which you state the following: Under the terms of Section 57-15-30.1 of the 1971 pocket supplement to the Century Code, when a township is indebted to the county, and the debt is more than one year past due, the county commissioners may require the county auditor to levy a tax upon the property within the township sufficient to pay such indebtedness, to be used for that purpose, but in no case shall the total amo

OPINION 71-403 August 13, 1971 (OPINION) Mr. Vernon C. Cooper Manager Garrison Diversion Conservancy District RE: Taxation - Interest and Penalties - Paid to Garrison Conservancy This is in response to your letter in which you ask for an opinion on the following question: "Are the county treasurers of the counties in the conservancy district required to remit interest and penalties on taxes they collect for the Garrison Diversion Conservancy District to the conservancy district along with the remittance of the tax collections, as set forth in 61-24-12, or does the interest and

OPINION 71-232 August 11, 1971 (OPINION) Mr. Charles Bosch Motor Vehicle Registrar RE: Motor Vehicles - Trailers - License Fees This is in reply to your letter of July 28, 1971, with regard to the application of section 39-18-03, subsection 5, of the Supplement to the North Dakota Century Code by your department. You point out that this statutory subdivision was amended by two chapters of the 1971 Session Laws, Chapter 380 and Chapter 381, which results in two different versions of this provision. In attempting to reconcile these provisions (according tot he footnotes thereto

OPINION 71-330 August 9, 1971 (OPINION) Mr. Tor Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Group Insurance Options This is in response to your letter in which you state that the board has awarded a contract to Blue Cross and to Blue Shield for hospital and medical benefits and to Northern National for life insurance. You further state that the board would like to provide, as an employee option, the privilege of carrying life insurance benefit coverage without hospital and medical benefit coverage, considering life insurance alone as

OPINION 71-33 August 9, 1971 (OPINION) Mr. Wayne O. Solberg City Attorney Fargo, ND RE: Cities - Budget Review Board - Reductions in Budget This is in reply to your letter of August 4, 1971, relative to the budget of the City of Fargo. You state the following facts and questions: "By way of background information, the Board of City Commissioners approved the preliminary budget by a 3-2 vote and this budget was submitted to the Board of Budget Review. The Board of Budget Review made certain revisions in the budget which amounted to a reduction in the mill levy of 2.14 mill

OPINION 71-167 August 2, 1971 (OPINION) Mr. Ken Raschke Commissioner State Board of Higher Education RE: Higher Education - Revenue Buildings - Expenses This is in response to your letter in which you make reference to Section 15-55-21 which was created by Chapter 199 of the 1971 Session Laws and then ask if its provisions apply to the following facts and circumstances relating to the Winter Sports Building at the University of North Dakota, Grand Forks: "1. The 1969 Legislature first authorized this winter sports building by Chapter 204 of the 1969 Session Laws. The total

OPINION 71-183 July 28, 1971 (OPINION) Mr. Leslie O. Ovre Executive Director Department of Social Services RE: Indians - Jurisdiction - Licensing of Foster Homes This is in reply to your letter of July 21, 1971, concerning the authority of the State of North Dakota to license and enforce standards of foster homes for Indian children on the federal Indian reservations in North Dakota. You ask our opinion on the following questions: 1. With reference to the Social Security Act, Section 402(a)(20) provides that a state plan for aid and services to needy families with childre

OPINION 71-220 July 26, 1971 (OPINION) Mr. Rodney S. Webb Walsh County State's Attorney RE: Minors - Guardians - Termination at Majority This is in reply to your letter of July 20, 1971, relative to the above cited legislative enactment. You state the following facts and questions: At the request of the Walsh County Court, we would ask your opinion concerning the relevance of the recently passed law, referred to above, as it might apply to termination of guardianships. Presently, the Court has before it several guardianships for the estates and persons of male individuals w

OPINION 71-434 July 22, 1971 (OPINION) Mr. Ralph Dewing Director Department of Accounts and Purchases RE: Taxation - Refunds - Business Privilege Tax This is in response to your letter in which you state as follows: "The 1971 session of the Legislature created a reserve for income tax refunds by Chapter 563 of the Session Laws. "All refunds for overpayment of income taxes are to be paid from this reserve and the question has been raised whether business privilege tax refunds can also be paid from this special fund. "The State Tax Commissioner has informed me that he has sever

OPINION 71-85 July 20, 1971 (OPINION) Mr. John Richardson Assistant States Attorney Mercer County RE: Corporations - Corporate Farming - Application This is in reply to your letter of July 14, 1971, requesting an opinion of this office as to whether or not a corporation formed for the purpose of custom combining would be in violation of section 10-06-01 of the North Dakota Century Code. You inform us that the corporation in question would engage in the business of combining of crops for others and the question involved in whether or not this would constitute being in the busin

OPINION 71-222 July 19, 1971 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Motor Vehicles - Camper Trailers - Status Dear Colonel Wood: This is in reply to your letter of June 30, 1971, informing us that recent questions have arisen relative to camper trailers, best described as a fifth wheel type, which is attached to a pickup truck. The advertising brochure you enclose indicates that the advertised vehicle has the "same fifth-wheel hitching principal that is used in every semitrailer truck." The pictures therein would indicate that the tow

OPINION 71-439 July 15, 1971 (OPINION) Mr. Lloyd H. Nygaard Assistant Commissioner of Higher Education RE: Taxation - Sales Tax - College Food Service This is in reply to your letter of June 30, 1971, relative to House Bill 1053 enacted by the 1971 Legislative Assembly. You state the following facts and questions: "House Bill 1053 was passed by the Legislature, signed by Governor Guy and becomes effective on July 1, 1971. It creates and enacts a new subsection to Section 57-39.2-04 of the sales tax law. The new subsection exempts food purchased by a student under a board

OPINION 71-190 July 14, 1971 (OPINION) Mr. Lloyd H. Nygaard Assistant Commissioner of Higher Education RE: Labor - Minimum Wage - Students Exempt This is in reply to your recent letter relative to House Bill 1503 enacted by the 1971 Legislative Assembly. You state the following facts and questions: House Bill 1503 states that employees hired on a full-time monthly basis shall receive a minimum wage of not less than $300 per month after June 30, 1971, except that students working as part-time help shall be exempt from these provisions. We respectfully request your opinion on

OPINION 71-179 July 13, 1971 (OPINION) Mr. Theodore F. Kessel City Attorney for City of Kulm LaMoure, North Dakota RE: Highways - Revenues - Use by Cities This is in reply to your letter of July 7, 1971, with regard to utilization of the funds received by a city pursuant to the provisions of section 57-52-11, subsection 3B of the 1969 Supplement to the North Dakota Century Code. You call attention to the language therein to the effect that the moneys received by the city shall be used solely for the construction, reconstruction, repair and maintenance of public streets and hi

OPINION 71-132 July 2, 1971 (OPINION) The Honorable Eugene A. Burdick District Judge Williston, ND RE: Courts - Court Reporters - Salaries This is in response to your letter in which you make reference to Section 27-06-02 which has been amended by House Bill 2096. You ask when this act will be effective and fully operative. The question arises as a result of the following language: "The presiding judge of each judicial district, on the first day of January of each year, or as soon thereafter as may be, shall apportion the amount of such salary to be paid by each county in h

OPINION 71-165 June 22, 1971 (OPINION) Mr. Kenneth E. Raschke Commissioner of Higher Education RE: Higher Education - Revenue Buildings - Expenses This is in reply to your letter of June 14, 1971, relative to House bill 1042 of the 1971 Legislative Assembly as applied to the above-captioned bond issue. You note House Bill 1042 creates and enacts sections 15-55-20 and 15-55-21 of the North Dakota Century Code. These sections require that expenses incurred in the use of each revenue-producing building or other revenue-producing campus improvement are to be payable from the gr

OPINION 71-372 June 18, 1971 (OPINION) The Honorable Ben Meier Secretary of State RE: Statutes - Initiative and Referendum Petitions - Form of Affidav This is in response to your letter in which you state that referendum petitions have been presented to your office for filing to refer subsection 9 of Senate Bill 2001 relating to the appropriation for the Department of Accounts and Purchases for the period beginning July 1, 1971, and ending June 30, 1973. You also have set out the affidavit which is found on the petitions which reads as follows: "STATE OF NORTH DAKOTA COUNTY O

OPINION 71-21 June 18, 1971 (OPINION) Mr. Norman L. Peterson, Director Division of Water Supply and Pollution Control State Department of Health RE: Bank of North Dakota - Municipal Sewage Projects - Financing This is in reply to your letter of June 17, 1971, with regard to a program involving use of funds from the Bank of North Dakota in construction of municipal sewage treatment facilities. Your question is stated as: Does the Bank of North Dakota, as a State Agency, have the legal authority to put money into municipal waste treatment facilities." The Bank of North Dakota i

OPINION 71-1 June 16, 1971 (OPINION) Mr. Corliss F. Nelson State Superintendent of Construction Secretary of State's Office RE: Administrative Agencies - Superintendent of Construction - Proce This is in response to your letter in which you call our attention to House Bill 1147 enacted by the 1971 Legislature which directs you as construction superintendent to adopt Standard ANSI-119.1 by the American National Standards Institute. The same bill also authorizes changes or additions to such standards after July 1, 1971. You then request our opinion whether or not the Administra

OPINION 71-171 June 14, 1971 (OPINION) Colonel Ralph M. Wood Superintendent North Dakota Highway Patrol RE: Highway Patrol - Jurisdiction - State Parks This is in reply to your letter of June 4, 1971, relative to the authority of the Highway Patrol. You state the following facts and questions: "During the course of routine patrol effort, officers from this department frequently are called upon to respond to what appears to be public offenses, both of traffic and criminal nature, on the roads and highways of our state and federal park system. While it has not been a proble

OPINION 71-381 June 10, 1971 (OPINION) Mr. Gerald Rustad Assistant State's Attorney Williams County RE: Taxation - Assessment - Definition of Real Property This is in reply to your letter of June 3, 1971, relative to a matter of assessment for tax purposes. You state the following facts and questions: The Williams County Director of Tax Equalization has requested an interpretation of the North Dakota Century Code section 57-02-04 'Real Property' defined, subsection 3(a) which states: 3. 'Machinery and equipment, but not including small tools and office equipment, used or

OPINION 71-255 June 3, 1971 (OPINION) Mr. H. L. Thorndal President Bank of North Dakota RE: Municipal Industrial Development Act - Projects - Location This is in response to your letter of May 26, 1971, wherein you make inquiry of this office for an opinion concerning the Municipal Industrial Development Act of 1955. You submit the following facts and question in your inquiry: The Bank of North Dakota has been asked to originate a Municipal Industrial Development Revenue Bond, under Chapter 50-47 (sic) of the North Dakota Century Code, for the 'Custom Feeders, Inc.', locate