North Dakota AG Opinions, 1972

OPINION 72-65 November 27, 1972 (OPINION) Mr. R. G. Nerison Assistant City Attorney Office of City Attorney Box 1560 Jamestown, ND 58401 Dear Mr. Nerison: This is in response to your request for an opinion as to whether or not violations of the provisions of Chapter 19-03.1 (Uniform Controlled Substances Act) can be prosecuted in the municipal court of the city of Jamestown. In brief, would the municipal court of the City have jurisdiction over violations of ordinance, if it had an ordinance containing substantially the same subject matter as set out in Chapter 19-02.1 of

OPINION 72-457 November 27, 1972 (OPINION) Mr. Fred Saefke Assistant City Attorney Four Eleven Professional Center 411 North Fourth Street Bismarck, North Dakota 58501 Dear Mr. Saefke: This is in response to your letter in which you ask for an opinion whether or not the Bismarck Municipal Court has jurisdiction over apparent ordinances, violations occurring on the State Capitol Grounds within the City of Bismarck. To assist in finding an answer to your question, you give us the following citations: Section 113 of the North Dakota Constitution, Sections 29-01-15, 39-03-09(1

OPINION 72-332 November 8, 1972 (OPINION) Mr. H. L. Thorndal President Bank of North Dakota 700 East Main Street Bismarck, ND 58501 Dear Mr. Thorndal: This is in response to your letter of October 2, 1972, wherein you make inquiry of this office for an opinion regarding the status of persons 18 years to bind self and his or her upon a real estate mortgage. You submit the following questions in your letter of inquiry: "What is the capacity of a nonadult under the present North Dakota law to bind self and his or her real estate in making a real estate loan? The Code now s

OPINION 72-340 October 11, 1972 (OPINION) Mr. Martin N. Gronvold Executive Director Employment Security Bureau 201 East Broadway P. O. Box 1537 Bismarck, ND 58501 Dear Mr. Gronvold: This is in response to your letter in which you state the following: "The Department of Labor Regional Office has been concerned as to what disposition is being made of legal documents we acquire to the purchase of or rental-purchase of certain properties with the use of Federal funds. "You are well aware of the fact that we have now purchased several buildings on the lend-purchase agreement and

OPINION 72-253 September 27, 1972 (OPINION) Mr. Leonard W. D. Campbell Regional Counsel Environmental Protection Agency Region VIII Suite 900 1860 Lincoln Street Denver, Colorado 80203 Dear Mr. Campbell: This is in response to your letter of September 7, 1972, wherein you make inquiry of this office relative to a statement of opinion regarding the North Dakota Water Pollution Control Act. Your letter refers to our letter of May 25, 1972, addressed to Mr. Willis Van Heuvelen, Executive Officer, State Department of Health, wherein this office approved the NORTH DAKOTA WATER

OPINION 72-219 September 25, 1972 (OPINION) Mr. William J. Kriedemann County Auditor Golden Valley County Beach, ND 58621 Dear Mr. Kriedemann: This is in response to your letter in which you recite some of the procedures that took place in your county with reference to the redistricting and election of county commissioners. Earlier, an effort had been made to file a redistricting plan, but upon review it was found to be inadequate and in a letter dated August 17, 1972, we informed that the redistricting plan could not be considered a valid plan and that the office of county c

OPINION 72-272 September 15, 1972 (OPINION) Mr. Richard J. Wolfert State Librarian North Dakota State Library Bismarck, ND 58501 Dear Mr. Wolfert: This is in reply to your letter of July 28, 1972, asking for clarification of library funds in the operation of public libraries. You mention section 40-38-02 of the 1971 Supplement to the North Dakota Century Code and sections 40-38-03(3) and 40-38-06 of the North Dakota Century Code. You do not mention section 40-38-11 of the 1971 supplement to the North Dakota Century Code on which basis we assume your question does not relate

OPINION 72-130 September 15, 1972 (OPINION) Mr. C. E. Crane State's Attorney Hettinger County Commercial Bank Building Mott, ND 58646 Dear Mr. Crane: This is in response to your letter requesting an opinion of this office as to whether your county, which owns highway building and maintenance machinery and equipment intended and purchased for the maintenance and construction of county roads can use this equipment and county employees operating same in the construction and maintenance of township roads, and to perform services for several of the cities. You letter indicates t

OPINION 72-396 September 14, 1972 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County Fessenden, ND 58438 Dear Mr. LaQua: This is in response to your inquiry with regard to the appointment by the Sheriff of Deputies. You inform us that it has been the policy of the sheriff to appoint six or seven individuals as special deputies on an annual basis with their appointment terminating on December 31. They sign an oath of office which is retained by the sheriff. You indicate that these special deputies are usually police officers in different cities in the sheriff's

OPINION 72-290 August 9, 1972 (OPINION) Mr. Charles Bosch Registrar Motor Vehicle Department State Office Building Bismarck, ND Dear Mr. Bosch: This is in response to your letter of June 22, 1972, with regard to motor vehicle registrations where check for renewal fee is returned to your office by the bank with the notation "account closed." You inform us that in the situation in question the motor vehicle registration was renewed for the current year and the payment for the fees was made by check. You state that subsequently the check was returned to your office by the bank

OPINION 72-566 August 7, 1972 (OPINION) Mr. Glenn Dill Assistant State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Dill: This is in response to your letter in which you state that a question has been posed to you regarding the provisions of Section 57-02-41 as same may relate to transfer of property from the Bank of North Dakota to a private purchaser on April 28, 1972. You specifically ask whether the property should be assessed as of April 28, 1972, for the balance of the year and taxes levied on that basis. You also call our attention to subsection 6 of Sec

OPINION 72-579 August 4, 1972 (OPINION) Mr. Byron L. Dorgan Tax Commissioner State Tax Department State Capitol Bismarck, ND 58501 Dear Mr. Dorgan: This is in response to your letter in which you make reference to the increased mobility of society and the reduction of durational residency requirements for voting, together with the recent reapportionment order which also recognizes military installations in determining the population for representation in the State Legislature. You further advise that you have been receiving inquiries from residents of the military installat

OPINION 72-247 August 2, 1972 (OPINION) Mr. Walter R. Hjelle Highway Commissioner State Highway Building Bismarck, ND 58501 RE: Chapters 23-21 and 23-21.1, N.D.C.C. Dear Mr. Hjelle: This is in reply to your request for an opinion, dated August 2, 1972, wherein you asked the following questions: 1. Does chapter 23-21.1 apply to an organization which is a charitable association or owned or controlled by a church or religious group? 2. Does section 23-21.1-03 require deposits in a perpetual care fund for cemetery lots which are sold to the Highway Department and are no l

OPINION 72-399 July 28, 1972 (OPINION) Mr. Thomas O. Smith Special Assistant Attorney General State Land Department State Capitol Bismarck, ND 58501 Dear Mr. Smith: This is in response to your letter of July 19, 1972, wherein you make inquiry of this office for an opinion regarding section 35-22-13 of the North Dakota Century Code. You submit the following facts and question in your letter: "A problem has arisen in the State Land Department which we believe requires an Attorney General's Opinion. The facts are as follows: "The State Land Department is in the process of

OPINION 72-35 July 25, 1972 (OPINION) Mr. Frank E. Hull Deputy Commissioner of Insurance State Capitol Bismarck, ND 58501 Dear Mr. Hull: This is in response to your letter of June 20, 1972, wherein you make inquiry of this office regarding the State Bonding Fund. You submit the following in your letter: "The State Game and Fish Department provides that county auditors may appoint subagents to sell fishing and hunting licenses. The Bonding Fund would like to know if these subagents may be bonded under the county bond as employees of the count." Initially we would note the

Mr. Dewel E. Viker, Jr. State’s Attorney Traill County Hillsboro, ND 58045 Dear Mr. Viker: Enclosed is a copy of an opinion addressed to Mr. M.C. Hiaasen involving Benson County and concluding that the county commissioner are all up for election. We have examined the additional information you submitted to us on June 22, 1972, but are convinced that pursuant to the provisions of Section 11-07-04 of the North Dakota Century Code, the county commissioners must be up for election. This is in line with the reasoning and conclusions reached in the opinion addressed to Mr. M.C. Hiaasen, State’s At

OPINION 72-542 July 19, 1972 (OPINION) Mr. Thomas F. Meagher, Jr. Assistant General Counsel, Transportation Room 4226 U. S. Postal Service Washington, D.C. 20260 Dear Mr. Meagher: This is in reply to your letter of June 21, 1972, inquiring about the liability under the motor fuel tax laws of this state of air taxi operators who contract with the U. S. Postal Service for the carriage of mail. One of your questions is whether "motor vehicle fuels" as defined in section 57-54-03 N.D.C.C. includes fuel consumed by piston-powered aircraft and turboprop and pure jet aircraft. Our

OPINION 72-217 July 19, 1972 (OPINION) Mr. M. C. Hiaasen State's Attorney Benson County Minnewaukan, ND 58351 Dear Mr. Hiaasen: This is in response to your letter in which you state that the Redistricting Board of Benson County as redistricted but only changed two Commissioner's Districts in any manner or form. The change accomplished by the Redistricting Board resulted in adding Lallie Township which was formerly in District No. 3 to District No. 2. The change according to your letter resulted in adding 66 new voters to District No. 2 which results in a similar loss to D

OPINION 72-288 July 5, 1972 (OPINION) Mr. Dewel E. Viker, Jr. State's Attorney Traill County Hillsboro, ND 58045 Dear Mr. Viker: This is in response to your letter of June 14, 1972, wherein you make inquiry of this office for an opinion regarding the interpretation of section 39-21-45.1 of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter: "As you are perhaps aware Traill County is bordering on the sister state of Minnesota and vehicles with Minnesota registration are frequently found upon our highways. Several vehicles

OPINION 72-206 July 5, 1972 (OPINION) Mr. Jack Huss Chairman North Dakota Republican State Committee P. O. Box 1917 202 1/2 North Third Street Bismarck, ND 58501 Dear Mr. Huss: This is in response to your letter in which you state the following: "There is much confusion among the district party organizations as a result of the recent ruling on reapportionment. "In some districts we have two district committee chairmen and no procedure to determine who is chairman of the new district. In others we have a chairman living in the district but no assurance that he may not be cha

OPINION 72-128 June 30, 1972 (OPINION) Mr. John O. Garaas State's Attorney Cass County RE: Counties - Welfare Board - Mileage This is in response to your letter in which you set forth the following: "There are two members of the Cass County Board of County Commissioners appointed to the Cass County Welfare Board. One of these commissioners resides quite some distance from Fargo, and, on occasion, attends meetings of both the Cass County commission and the Cass County Welfare Board on the same day. The Cass County Commissioners are paid pursuant to North Dakota Century Code

OPINION 72-350 June 29, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: State - Presidential Electors - Number This is in response to your letter in which you ask for an opinion on the following: "I would like to have your opinion as to whether the State of North Dakota is going to have four presidential electors or three on the ballot this year, as we are losing one Congressman. But at the same time, we will still have two United States Senators and two United States Congressmen until the first of the year. "In your opinion would we have three presidential el

OPINION 72-310 June 22, 1972 (OPINION) Mrs. Bernice Asbridge State Treasurer RE: State - Bar Association - Fees This is in response to your letter in which you call attention to section 27-07-41 of the North Dakota Century Code as amended. You further advise that as of July 1, 1972, the remittance of $2.50 by the county treasurer to the State Bar Association is no longer required as the result of the amendment by the 1971 Legislature. You then ask the following questions: 1. Is the State Bar Association entitled to this fee as collected by the County Treasurer prior to J

OPINION 72-72 June 21, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: Constitution - Ellendale Amendment - Election This is in response to your letter in which you ask for an opinion whether or not House Concurrent Resolution 3020 (Chapter 622 of the 1971 Session Laws) shall be placed on the primary election ballot on September 5, 1972. House Concurrent Resolution 3020 (Chapter 622, 1971 Session Laws) provides for the amended version of Section 121 of the North Dakota Constitution to be submitted to the qualified electors of the state at the first statewide elec

OPINION 72-392 June 15, 1972 (OPINION) Mr. C. E. Crane State's Attorney Hettinger County RE: Taxation - Exemption - Housing Corporations This is in response to your request for an opinion whether or not the real estate owned by the Mott Rural Rental Housing Corporation is taxable or exempt from real property assessments and taxation. To aid us in arriving at a conclusion, you have provided us with a copy of the Articles of Incorporation, a financial statement for December 31, 1971, and a copy of what appears to be the policy as to the rent charged for occupants. The Articles

OPINION 72-468 June 9, 1972 (OPINION) Mr. Rodney S. Webb State's Attorney Walsh County RE: Usury - Exemptions - PCA This is in response to your letter in which you call our attention to the Farm Credit Act of 1971 and then make reference to the opinion of this office dated March 1, 1972, in which we stated that it was our understanding that the P.C.A. is not an instrumentality of the United States Government. You ask us in view of this additional information to review the previous question, and issue an opinion on the question whether or not production credit associations ar

OPINION 72-452 June 9, 1972 (OPINION) Mr. Byron L. Dorgan Commissioner State Tax Department RE: Taxation - Special Fuel Refund - Time for Filing This is in response to your letter in which you state the following: "On May 18, 1972, the Tax Department received a claim for a refund of special fuels tax for fuel purchased in 1971. Since the claim was filed after the deadline of March 31, 1972, as provided in section 57-50-03, we rejected this claim on May 22, 1972. Since that time officials from Kidder County have contacted this department and advise me that the late filing

OPINION 72-352 June 2, 1972 (OPINION) Mr. Al Bumann Secretary Public Service Commission RE: State - Public Service Commission - Safety Jurisdiction This is in response to your request for an opinion of this office as to what the jurisdiction of the Public Service Commission of this state is in relation to safety practices relating to railroad facilities, equipment, rolling stock and operation in the State of North Dakota and as to the Commission's ability to conduct investigative and surveillance activities relating thereto. The North Dakota Public Service Commission, (former

OPINION 72-237 May 26, 1972 (OPINION) Mr. Charles Bosch Motor Vehicle Registrar RE: Motor Vehicles - Registrar - Branch Office Contract This is in reply to your letter of May 24, 1972, in which you enclosed a proprosed contract to be executed by the various managers of the several branch offices of this State. You state the contract includes the various recommendations made in the recent audits of the State Bank Examiner and the State Auditor. You ask us to review the proposed agreement as to form and substance to determine if it is in conformity with section 39-02-03 of th

OPINION 72-238 May 23, 1972 (OPINION) Honorable Peter S. Hilleboe State Representative Fargo, ND RE: Motor Vehicles - Registrar - Status of Branch Offices This is in reply to your letter of May 18, 1972, in which you state the following facts and questions: "Pursuant to a Motion passed at a special meeting of the Legislative Audit and Fiscal Review Committee in Fargo on May 17, 1972, it is requested that your office issue an opinion at your earliest convenience, answering the following questions: 1. The Motor Vehicle Registrar is authorized under section 37-02-03 (sic) of

OPINION 72-356 May 22, 1972 (OPINION) Mr. Robert P. Brady Assistant Attorney General State Capitol RE: State - Safety Responsibility - Information Confidential This is in response to your letter of April 26, 1972, wherein you make inquiry of this office relative to accident reports and inspection thereof. You submit the following observations and inquiry in your letter: The undersigned acting director of the North Dakota Unsatisfied Judgment Fund respectfully requests your opinion with regard to the following matter: Subsection 1 of section 39-08-14, North Dakota Century Co

OPINION 72-94 May 15, 1972 (OPINION) Mr. Wayne P. Jones Assistant States Attorney Ransom County RE: Counties - County Judge - Records This is in response to your letter in which you state that the County Judge of Ransom County has made inquiry as to the keeping of certain records. You further state that you have researched the question, but are unable to find an answer for him. You call to our attention Chapter 301 of the 1971 Session Laws which among other things repeals section 27-07-32 of the North Dakota Century Code. You then ask for an opinion whether or not the re

OPINION 72-316 May 15, 1972 (OPINION) Mr. W. Van Heuvelen Executive Officer State Department of Health RE: State - Fire Marshal - Hospitals This is in response to your letter in which you state the following: "The Social Security Administration, which administers the Medicare program nationwide, has designated the National Fire Protection Associations's Life Safety Code, 1967 Fire Protection Association's Life Safety Code, 1967 revision (commonly referred to as NFPA No. 101, 1967) as the basis for surveying hospitals from the fire safety point of view. They have requested a

OPINION 72-365 May 10, 1972 (OPINION) Mr. John A. Zuger City Attorney Bismarck, ND RE: State - Uniform Relocation Assistance Act - Compliance This is in reply to your letter of March 24, 1972, requesting an opinion of this office regarding the ability of the state of North Dakota to comply with the legal requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646; 42 USC 4601). You call our attention to the effect of same and of specific provisions thereof. You enclose a copy of a legal opinion prepared by the Office o

OPINION 72-286 May 1, 1972 (OPINION) Mr. Dennis D. Schulz Secretary-Treasurer North Dakota Real Estate Commission RE: Real Estate - Brokers Licenses This is in reply to your letter of April 11, 1972, requesting an opinion of this office with regard to the interpretation of Section 43-23-14 of the 1971 supplement to the North Dakota Century Code. As you indicate this statute provides: “43-23-14. FUND HANDLING BY BROKER.--Every real estate broker or mortgage broker as herein defined shall remit immedia

OPINION 72-379 April 26, 1972 (OPINION) Mr. John O. Garaas State's Attorney Fargo, ND RE: Sunday - Closing Statutes - Interpretation This is in response to your letter of April 17, 1972, wherein you make inquiry of this office regarding the Sunday closing statute. You submit the following in your letter: We request your opinion of the correct interpretation of subsection 28 of North Dakota Century Code section 12-21.1-04. This statute provides as follows: 1. Notwithstanding any other provisions of this chapter, the operation of any of the following businesses shall be allo

OPINION 72-400 April 21, 1972 (OPINION) The Honorable William L. Guy Governor RE: Signal Oil and Gas Company v. Williams County This is in response to your letter in which you ask that we join with the Tax Department to evaluate the impact of the Court's ruling in the above matter in terms of diminished tax collections and also what legal steps might be taken to remedy any tax loss which would result from this decision of it is upheld by the Supreme Court. You specifically ask for an opinion as to whether the new Constitution if adopted on April 28 would permit the next session

OPINION 72-43 April 20, 1972 (OPINION) Mr. John C. Haugland City Attorney Devils Lake, ND RE: Cities - Initiated Ordinances - Validity This is in response to your letter of April 11, 1972, enclosing an initiated ordinance of your city that was passed by a majority of the electorate of your city voting on the matter on the April 14, 1972, election. You indicate that you would appreciate our reviewing the ordinance and advising whether in our opinion the ordinance is legal and whether the city commission is obligated to abide by same, taking into consideration all of the other

OPINION 72-147 April 17, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: Elections - Residency Requirements - Constitutionality This is in response to your request for an opinion as to the status of the North Dakota residency requirements as defined by Section 16-01-03 of the North Dakota Century Code in light of the recent Supreme Court decision negating such statutes. The residency requirements in North Dakota are found in Article 40 of the North Dakota Constitution and in Section 16-01-03. Article 40 provides as follows: "North Dakota: Every qualified elec

OPINION 72-137 April 12, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: Elections - Absent Voters - Application Forms This is in response to your letter in which you request an opinion on the following question: "Whether a voter wishing to use an absentee ballot may make use of the application form published in newspapers as an alternative to requesting such form from their county auditor." North Dakota has provided for an absentee ballot for a great number of years with the obvious purpose of making the elective franchise available to all who are entitled to vo

OPINION 72-325 March 29, 1972 (OPINION) Mr. Tor A. Hegland Executive Director North Dakota Public Employees Retirement System RE: State - Group Health Insurance - Contributions This is in response to your letter in which you ask for an Attorney General's Opinion on the following question: Where a husband wife are both 'eligible employees' under N.D.C.C. section 54-52.1-01(1) and one has directly requested enrollment with his employing department and has elected to include his spouse within the optional family coverage under the Uniform Group Insurance Program, does the statut

OPINION 72-437 March 24, 1972 (OPINION) Mr. Byron L. Dorgan State Tax Commissioner RE: Taxation - Refunds - Motor Vehicle Fuel Tax This is in response to your letter in which you state that the Tax Department is faced with uncertainties in the application of Section 57-50-05.1 of the North Dakota Century Code relating to claims for refunds of taxes paid on motor fuel. You ask for an opinion "whether the work performed by the subcontractor is 'paid for from public funds' within the meaning of Section 57-50-05.1 so as to prohibit payment by the state of any refund of motor vehic

OPINION 72-150 March 8, 1972 (OPINION) The Honorable Ben Meier Secretary of State RE: Elections - Special Elections - Publishing of Ballot This is in response to your letter in which you state that some concern has been expressed over the special election that is scheduled to be held on April 28 and the required legal publication of the sample ballot, etc. The concern relates to the time schedule of the legal publication and apparently arises from the fact that the election is held on Friday, whereas normally the elections are held on Tuesday, and from the fact that many of t

OPINION 72-114 March 8, 1972 (OPINION) Mr. Thomas E. Rutten Assistant State's Attorney Ramsey County RE: Counties - Park Levy - Suspension of Township Levy This is in response to your letter in which you state that you have been requested to ask for an opinion on the question whether or not a park levy made by a township located within a tri-county park district continues or is automatically suspended when the tri-county park district imposes a park levy. Section 11-28-06 authorizes the county commissioners to levy a tax not to exceed one-half mill without approval of the vote

OPINION 72-384 March 2, 1972 (OPINION) Mr. Jerome Jaynes State's Attorney Grant County RE: Taxation - Assessors - Election This is in response to your letter in which you state the following: "The Grant County Director of Tax Equalization asks two questions relating to property tax administration which are of statewide interest. I would like to present them to you with a request for an official opinion. "The first question has to do with the election or appointment of an assessor for an unorganized territory as set forth in Section 57-02-33 of the North Dakota Century Code.

OPINION 72-287 March 1, 1972 (OPINION) Mr. Rodney S. Webb State's Attorney Walsh County RE: Real Estate - Mortgages - Rate of Interest This is in response to your letter in which you ask for an opinion on the following questions: 1. May a mortgage on real property be recorded, in the state of North Dakota, which does not contain a stated rates of interest? 2. Are Production Credit Associations exempted from the provision of the Usury Laws specified in Chapter 47-14 of the North Dakota Century Code?" For our benefit you have furnished us with a copy of the mortgage form

OPINION 72-119 March 1, 1972 (OPINION) Mr. Vincent A. LaQua State's Attorney Wells County RE: Counties - Redistricting - Completion This is in reply to your letter of December 21, 1971, with regard to redistricting problems in your county. You inform us that your county formed a County Redistricting Board pursuant to Section 11-07-01 of the 1971 Supplement to the North Dakota Century Code. You inform us that each township took its own census, as did each city, as of April 1, 1970. You indicate that based on said census, two proposed plans were presented at Public Hearing af