North Dakota AG Opinions, 1975

OPINION 75-81 November 13, 1975 (OPINION) Mr. Edward J. Klecker Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Klecker: This is in reply to your letter of October 16, 1975, in which you state that: "The State Auditor's office desires a formal opinion from your office in regard to the State Penitentiary's industries accounting procedures and separated funds in the State Treasurer's office. Substantial legislative changes have been made in the handling of inmate funds, and the State Auditors are also concerned with present legal requirements; therefore, a

OPINION 75-5 November 12, 1975 (OPINION) Mr. Melvin Fischer Poultry Coordinator Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Fischer: This is in response to your letter of 24 October 1975 with regard to the application of chapter 4-13.2 of the North Dakota Century Code. You mention that section 4-13.2-04 of that chapter creates a Poultry Advisory Board, however, does not specify who appoints the board nor specify the chairmanship of the board. You state that you are requesting our viewpoint concerning the legality of clarifying this section by regula

OPINION 75-148 November 6, 1975 (OPINION) Honorable M. F. Peterson Superintendent of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Peterson: This is in reply to your letter of November 4, 1975, relative to Section 15-38-04.1 and Section 15-47-33 of the N.D.C.C., both as amended by the 1975 Legislature. You state the school districts are receiving various interpretations regarding these sections. One interpretation is that November 11, Veteran's Day, is a school holiday and there shall be no school. Others are interpreting the sections to mean that in conn

OPINION 75-118 November 6, 1975 (OPINION) Honorable Myron H. Atkinson District 32 P.O. Box 1176 Bismarck, ND 58501 Dear Representative Atkinson: This is in response to your letter of 22 October 1975 asking our opinion as to the interpretation of subsection 1 of Section 14-15-04 of the North Dakota Century Code stating: "1. Proceedings for adoption must be brought in the court for the place in which, at the time of filing or granting the petition, the petitioner, or the individual to be adopted resides or is in military service or in which the agency having the care, custody,

OPINION 75-72 October 31, 1975 (OPINION) Mr. Mervin Nordeng Cass County State's Attorney P.O. Box 2806 Fargo, ND 58102 Dear Mr. Nordeng: This is in response to your letter of October 27, 1975, wherein you request an opinion of this office relative to Section 18-10-07 of the North Dakota Century Code concerning fire protection policy of rural fire protection districts and the financing of same. You submit the following facts and inquiry in your letter: "I would like to request your opinion as to whether a rural fire protection district which was not created until after June

OPINION 75-129 October 17, 1975 (OPINION) Mr. Tom M. Beyer State's Attorney Billings County Courthouse Medora, ND 58645 Dear Mr. Beyer: This is in response to your letter of 8 October, 1975, as City Attorney of a named city of this state, with regard to prosecutions for violation of a city motorcycle helmet ordinance. You indicate that now that the Attorney General has ruled that the state law was invalid, the question arises whether the various cities that have municipal ordinances should prosecute such offenses under the municipal code. Your question is stated as: "As it

OPINION 75-22 October 13, 1975 (OPINION) Mr. Thomas B. Jelliff States Attorney P.O. Box 607 Grand Forks, ND 58201 Dear Mr. Jelliff: This is in response to your letter of 12 August 1975 with regard to the expense account authorization for the members of the Board of County Commissioners. You call our attention to the provision of subsection 5 of Section 11-10-10 of the North Dakota Century Code that: "* * * In addition, there shall be an allowance for meals and lodging expenses at the same rate and under the same conditions as provided for state officials and employees. * *

OPINION 75-41 October 9, 1975 (OPINION) The Honorable Lawrence Naaden State Senator, 30th District Braddock, ND 58524 The Honorable Jack Murphy State Representative, 36th District Killdeer, ND 58640 The Honorable Layton Freborg State Representative, 8th District Underwood, ND 58576 Gentlemen: This is in reply to your letter of September 29, 1975, relative to the decision of the North Dakota Supreme Court in Walker v. Link decided in July, 1975, but not yet reported. You state the following facts and questions: "The Supreme Court in the case of State of North Dakota e

OPINION 75-20 September 30, 1975 (OPINION) The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in reply to your letter of September 25, 1975, relative to Section 10-21-13.1 of the N.D.C.C., as enacted by the 1975 Legislative Assembly. You state the following facts and questions: "At the request of your office and mine the 1975 legislature passed amendments to the Business Corporation Act which now allow my office to dissolve corporations that fail to file their annual reports. In the past I submitted them to your office for

OPINION 75-69 September 26, 1975 (OPINION) Mr. John A. Zuger City Attorney P.O. Box 1695 Bismarck, ND 58501 RE: Application of Chapter 18-12 to Private Kindergartens Dear Mr. Zuger: This is in reply to your letter of September 17, 1975, in which you set forth the following facts and questions: "In the City of Bismarck, the Board of Education has not operated and maintained kindergartens as part of the public school operation, as authorized or permitted by Chapter 15-45 N.D.C.C. "Individual persons have operated kindergartens on a private tuition basis open to the public.

OPINION 75-204 September 26, 1975 (OPINION) Mr. Mervin Nordeng State's Attorney Cass County P.O. Box 2806 Fargo, ND 58102 Dear Mr. Nordeng: This is in response to your letter of September 3, 1975, wherein you request an opinion relative to Section 16-09-01 of the North Dakota Century Code, as amended, concerning the combining of townships into voting precincts. You submit the following facts and questions in your letter: "The Cass County Commission is contemplating combining the various civil townships and cities within the County of Cass into new voting precincts pursuan

OPINION 75-104 September 22, 1975 (OPINION) Mr. Robert P. Bennett Assistant State's Attorney Burleigh County Courthouse Bismarck, ND 58501 Dear Mr. Bennett: This is in response to your letter of July 28, 1975, wherein you request an opinion of this office relative to Section 12.1-30-03(28) of the North Dakota Century Code, as amended, as the same relates to Sunday closing laws. You submit the following facts and inquiry in your letter: This office requests an opinion as to the scope of Section 12.1-30-03 of the North Dakota Century Code as it relates to the definition of o

OPINION 75-50 September 19, 1975 (OPINION) The Honorable Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in reply to your letter of September 16, 1975, in which you set forth the following facts and questions: "I am requesting your opinion on the referral petitions that were filed in my office by the petitioners, referring the appropriation of the University of North Dakota that was enacted by the 1975 legislative assembly. They were filed by the petitioners and I found them to have sufficient signatures to be placed on the ballot. "S

OPINION 75-78 September 15, 1975 (OPINION) Mr. Mike Schwindt, CPA Chief Auditor Office of the State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Schwindt: This is in response to your letter of August 8, 1975, wherein you request an opinion of this office relative to Sections 54-44-04 and 54-44-11 of the North Dakota Century Code, as amended, concerning certain capital expenditures by the Department of Accounts and Purchases. You submit the following observations and questions in your letter: "We request an opinion to determine the appropriation status of the Departme

OPINION 75-126 September 16, 1975 (OPINION) Mr. Tom M. Beyer Billings County State's Attorney Billings County Courthouse Medora, ND 58645 Dear Mr. Beyer: This is in response to your letter of 9 September 1975 with regard to statutory penalty provisions as to motorcycle headgear. You call to our attention the fact that Section 39-10.2-06 of the 1975 Supplement to the North Dakota Century Code does not contain a penalty clause and suggest that on such basis "violations" of this statute could not be, or certainly should not be, prosecuted by the office of the state's attorney.

OPINION 75-142 September 8, 1975 (OPINION) Mr. Marshall T. Bergerud Attorney at Law Dunn County State's Attorney Killdeer, ND 58640 Dear Mr. Bergerud: This is in response to your letter of August 25, 1975, wherein you request an opinion of this office relative to the procedures under the provisions of Chapter 38-08.1 of the North Dakota Century Code, as amended by Chapter 315 of the 1975 Session Laws. You submit the following in your letter: On behalf of the Dunn County Register of Deeds, I hereby request the opinion of your office on the two following questions: 1. Pro

OPINION 75-212 August 29, 1975 (OPINION) Mr. Bronald Thompson Chairman, Workmen's Compensation Bureau State Capitol Building Bismarck, ND 58505 Dear Mr. Thompson: This is in reply to your letter of August 14, 1975, relative to federal matching funds for occupational safety and health under the Occupational Safety and Health Act of 1970 (Pub. L. 91-596). You state the following facts and questions: "It has been brought to my attention of this department that certain federal matching funds may be available to the state in the area of occupational safety and health under the Oc

OPINION 75-208 August 15, 1975 (OPINION) Mr. Thomas A. Dahle Assistant State's Attorney Renville County Mohall, ND 58761 Dear Mr. Dahle: This is in response to your letter of 4 August 1975 with regard to the Uniform Commercial Code. You call our attention to the provision of Section 41-09-43 of the North Dakota Century Code, wherein subsection 3 states: There shall be no fee for filing and indexing a termination statement including sending or delivering the financing statement. You state that Section 41-09-43 as amended, however, would seem to indicate that a filing fee of $3

OPINION 75-196 August 5, 1975 (OPINION) Mr. Robert P. Bennett Assistant State's Attorney P.O. Box 1901 Bismarck, ND 58501 Dear Mr. Bennett: This is in response to your letter of June 30, 1975, in which you requested an opinion clarifying the scope of the December 13, 1971, opinion from this office regarding liability for payment of mobile home taxes as it relates to the factual situation stated in your letter. The following is quoted from your letter: "The facts as they relate to this inquiry are as follows: An individual purchased a mobile home in August of 1974 from a p

OPINION 75-188 August 4, 1975 (OPINION) Mr. Fred A. McKennett Williston City Attorney P.O. Box 1306 Williston, ND 58801 Dear Mr. McKennett This is in response to your request for an opinion on the question of whether or not a large retail discount store that handles practically all types of merchandise and which is planning to locate in Williston is a "project" within the meaning of Section 40-57.1-02, N.D.C.C. You advise that it has made application to the Board of City Commissioners for ad valorem tax exemption under Chapter 40-57.1, N.D.C.C. Section 40-57.1-02 presently p

OPINION 75-74 July 31, 1975 (OPINION) Mr. Robert W. Peterson State Auditor State Capitol Bismarck, ND 58505 Dear Mr. Peterson: This is in reply to your request for an opinion dated July 18, 1975, in which you have asked the following questions: We request an opinion to determine the legality of paying refunds from other than appropriated refund accounts or line items within department appropriations. In our audits of various departments we have found that departments, generally involved in licensing or registration functions, have made refunds for overpayments of amounts p

OPINION 75-167 July 22, 1975 (OPINION) The Honorable Earl Strinden State Representative, 18th District 2812 Chestnut Street Grand Forks, ND 58201 Dear Representative Strinden: This is in reply to your letter of June 26, 1975, relative to an initiated measure petitions for which have been filed in the Office of the Secretary of State. You state the following facts and questions: "Petitions have now been filed with the Office of the Secretary of State for an initiated measure which would purport to limit an appropriation of funds from the general fund of the State of North D

OPINION 75-161 July 22, 1975 (OPINION) Mr. Rich Slagle Executive Director North Dakota Beef Commission 107 South Fifth Street Bismarck, ND 58501 Dear Mr. Slagle: This is in response to your letter of June 30, 1975, wherein you request an opinion of this office relative to the Central Personnel System as created by Chapter 487 of the 1975 Session Laws and its application to the provisions of Chapter 4-34 of the North Dakota Century Code, containing the North Dakota Beef Promotion Act. You submit the following in your letter of inquiry: "This letter is written to ask for you

OPINION 75-1 July 18, 1975 (OPINION) Cooperative Extension Service N.D. State University of Agriculture and Applied Science U.S. Department of Agriculture Cooperating State University Station Fargo, ND 58102 Gentlemen: This is in response to your letter of 18 June 1975 with regard to the application of Senate Bill No. 2060 as passed at the 1975 Session of the North Dakota legislature. You point out that you are, as the Pesticide Control Board, charged with responsibility for the development of a State Plan that would permit implementation of said bill. You state that you h

OPINION 75-165 July 16, 1975 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58505 Dear Governor Link: This is in reply to your letter of July 2, 1975, in which you indicate that you are considering the joint administration of the State Park Service and the State Outdoor Recreation Agency under one administrator. You indicate that the joint administration of both agencies is desirable from the standpoint of financial savings, coordination of state services and delivery of those services. The proposed executive order attached to your letter indic

OPINION 75-156 July 16, 1975 (OPINION) Mr. Raymond Rund State's Attorney Steele County Finley, ND 58230 Dear Mr. Rund: This is in response to your letter of June 10, 1975, wherein you make inquiry of this office relative to Senate Bill No. 2182, amending Section 11-15-12 of the North Dakota Century Code, as amended, as the same concerns amounts the county can pay a sheriff or his deputy for mileage in the performance of his official duties. You submit the following facts and inquiry in your letter: Subsection 1 of this statute, as amended, provides that the Sheriff or his

OPINION 75-60 July 14, 1975 (OPINION) The Honorable Arthur A. Link Governor State Capitol Bismarck, ND 58505 Dear Governor Link: This is in response to your letter of July 9, 1975, wherein you request an opinion of this office relative to Public Law 93-288, an Act entitled the "Disaster Relief Act Amendments of 1974", pertaining to individual and family grant programs. You submit the following matters and questions in your letter of inquiry: "Public Law 93-288, An Act Entitled the "Disaster Relief Act Amendments of 1974", provides under Section 408(a) for individual and fa

OPINION 75-63 July 9, 1975 (OPINION) Mr. Lloyd F. Zander Commissioner of Veterans Affairs Department of Veterans Affairs 1017 Fourth Avenue North P.O. Box 1287 Fargo, ND 58102 Dear Mr. Zander: This is in response to your letter of 24 June 1975 with regard to veterans' employment preferences. Your question is stated as: "Is employment preference for veterans, as set forth in chapter 37-19.1 of the North Dakota Century Code applicable to situations involving a lateral transfer within an agency or applying for a promotional transfer within an agency?" You state that the quest

OPINION 75-98 July 7, 1975 (OPINION) Mr. Robert P. Bennett Assistant State's Attorney Burleigh County Courthouse Bismarck, ND 58501 Dear Mr. Bennett: This is in response to your letter of June 18, 1975, wherein you request an opinion of this office relative to Chapter 12-21.1 of the North Dakota Century Code, as amended, concerning Sunday closing laws. You submit the following facts and questions in your letter: "This office requests an opinion as to the application of the Sunday closing laws of the State found in Chapter 12-21.1 of the North Dakota Century Code as such law

OPINION 75-9 July 7, 1975 (OPINION) Mr. G. W. Ellwein Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Mr. Ellwein: This is in response to your letter of May 19, 1975, wherein you request an opinion of this office relative to payment of interest on deposit accounts by State-chartered credit unions. You submit the following in your letter: The results of recent examinations made by this Department of certain state-chartered credit unions indicate that the credit unions are paying interest on deposits in excess of limitatio

OPINION 75-84 July 7, 1975 (OPINION) Mr. Edwin F. Zuern Corrections Research Office Director of Institutions State Capitol Bismarck, ND 58505 Dear Mr. Zuern: This is in response to your letter of June 2, 1975, wherein you request an opinion of this office upon the authority of the Director of Institutions to contract with the North Dakota Indian Tribal Councils or other authorized agency for the care and treatment of delinquent Indian youth. You submit the following facts and inquiry in your letter: We seek your opinion on a policy decision, which has to be based on a leg

OPINION 75-140 July 2, 1975 (OPINION) Mr. Einar L. Johnson Director North Dakota State Park Service P.O. Box 139 Mandan, ND 58554 DESCRIPTION: A tract of land lying in the N.E. 1/4 Section 25, Township 138 North, Range 81 West of the 5th Principal Meridian, Morton County, North Dakota, more fully described as follows: Beginning at the N.W. corner of Auditor's Lot "C" of the N.E. 1/4 Section 25, Township 138 North Range 81 West; thence continuing northerly at the same bearing as the west boundary line of said Lot "C" a distance of 150 feet; thence easterly at an interior ang

OPINION 75-139 July 2, 1975 (OPINION) Mr. Einar L. Johnson Director North Dakota State Park Service P.O. Box 139 Mandan, ND 58554 Dear Mr. Johnson: This is in response to your letter of June 5, 1975, wherein pursuant to the provisions of Section 54-01-05.3 of the North Dakota Century Code, as amended, you have enclosed an abstract of title and an appraisal covering certain lands in Morton County, North Dakota, for examination. We have this date examined the said abstract of title and attached thereto a title opinion relating to the same, enclosing the same herewith. We hav

OPINION 75-154 June 24, 1975 (OPINION) Mr. Lewis C. Jorgenson Assistant State's Attorney Ramsey County Courthouse Devils Lake, ND 58301 Dear Mr. Jorgenson: This is in response to your inquiry in which you state: "Chapter 12-44 N.D.C.C., provides that the County Sheriff shall have charge of the County Jail. However, here in Devils Lake we have a joint law enforcement facility and jail which is used by the City, County, and surrounding counties for jail purposes. "The County and City Commissioners have employed a man as administrator of the building, however at the present t

OPINION 75-219 June 17, 1975 (OPINION) Mr. R. James Maxson Assistant State's Attorney Ward County Minot, ND 58701 Dear Mr. Maxson: This is in reply to your letter of June 6, 1975, in which you enclose a letter from Mr. Dave Senger, Administrative Assistant, Board of Ward County Commissioners. Mr. Senger's letter calls attention to Senate Bill 2395 enacted by the recent Legislative Assembly. He states the following facts and questions: "Ward County presently has Zoning Resolution No. 6 in use which requires a building permit for new construction or additions to an existing

OPINION 75-151 May 27, 1975 (OPINION) Mr. L. J. Schirado State's Attorney Morton County Mandan, ND 58554 RE: Special Education of Exceptional Children Dear Mr. Schirado: This is in reply to your letter of May 14, 1975, relative to section 15-59-07 of the N.D.C.C. You quote certain portions of the statute and state the matter you would like to have clarified is whether the maximum amount that a school district is required to pay is three times the state average cost per pupil or is such school district's obligation the actual cost of educating an exceptional child pursuant

OPINION 75-134 May 20, 1975 (OPINION) Mr. Byron L. Dorgan State Tax Commissioner State Capitol Bismarck, ND 58505 Dear Mr. Dorgan: This is in response to your letter of December 5, 1974, wherein you request an opinion of this office relative to taxation of sales of motor vehicles. You submit the following in your letter of inquiry: "Prior to July 1, 1973, the motor vehicle excise tax law provided as follows in Subsection 3 of Section 57-40.3-04 N.D.C.C.: 'There are specifically exempted from the provisions of this chapter and from computation of the amount of tax imposed

OPINION 75-12 May 13, 1975 (OPINION) Mr. Robert F. Mowdy City Attorney City of Tioga Tioga, ND 58852 Dear Mr. Mowdy: This is in response to your letter of 18 April 1975, with regard to members of the local Airport Authority. You indicate that your city has an Airport Authority, created pursuant to the authority granted in Chapter 2-06 of the North Dakota Century Code. You inform us that there is no mention in said Chapter 2-06 of any requirement as to residential qualifications of a commissioner of the Airport Authority. You state that Section 2-06-02 merely provides for

OPINION 75-102 May 9, 1975 (OPINION) Mr. Gordon W. Schnell Attorney at Law 100 Liberty National Bank Building P.O. Box 1097 Dickinson, ND 58601 Dear Mr. Schnell: This is in response to your letter received by this office on April 16, 1975, wherein you request an opinion relative to conducting public or private horse sales on Sunday. You submit the following facts and inquiry in your letter: On behalf of the North Dakota Stockmen's Association I am writing to request an Attorney General's opinion as to whether North Dakota law prohibits the holding of public or private hor

OPINION 75-158 May 8, 1975 (OPINION) Mr. T. N. Tangedahl Executive Director Social Service Board State Capitol Bismarck, ND 58505 Dear Mr. Tangedahl: This is in reply to your letter of April 28, 1975, relative to the authority of the Social Service Board to undertake statewide administration of a Section 8 Existing Housing Program in North Dakota. We understand the Office of Regional Counsel of HUD has concluded that the Social Service Board is eligible to participate and administer the Section 8 Existing Housing Program in North Dakota, as provided by the United States Ho

OPINION 75-178 May 7, 1975 (OPINION) Mr. Robert P. Bennett Assistant State's Attorney Burleigh County Courthouse P.O. Box 1901 Bismarck, ND 58501 Dear Mr. Bennett: This is in response to your letter of April 28, 1975, wherein you request an opinion of this office relative to Section 23-21.1-03 of the North Dakota Century Code, as amended. You submit the following in your letter of inquiry: "This office has recently received an inquiry as to the meaning of the term 'gross selling price' as utilized in Section 23-21.1-03 of the North Dakota Century Code which relates to the

OPINION 75-32 May 2, 1975 (OPINION) Mr. Kenneth E. Raschke Commissioner of Higher Education State Capitol Bismarck, ND 58505 Dear Mr. Raschke: This is in reply to your letter of April 15, 1975, relative to a potential referral of the appropriation for the University of North Dakota. You indicate that because of the ramifications of the referral and in order to receive answers to questions which will be raised by the agencies involved you desire our opinion on certain questions. The questions and our answers thereto are as follows: 1. "May a portion of a measure, such as

OPINION 75-91 April 30, 1975 (OPINION) Mr. Ben Meier Secretary of State State Capitol Bismarck, ND 58505 Dear Mr. Meier: This is in response to your letter of March 20, 1975, wherein you request an opinion of this office relative to Section 43-07-08(3) of the North Dakota Century Code, as amended. You submit the following facts and inquiry in your letter: Section 43-07-08(3) of the North Dakota Contractor's Law exempts from the provisions of the Chapter a contractor "who contracts to furnish labor only and for an amount not in excess of five thousand dollars." On April 2

OPINION 75-30 April 28, 1975 (OPINION) Mr. Richard P. Gallagher City Attorney City of Mandan 110 Collins Avenue Mandan, ND 58554 Dear Mr. Gallagher: This is in response to your letter of 9 April 1975, with regard to the official newspaper for your city. You inform us that recently the official newspaper of your city ceased publication and at present there is no newspaper published within your city. You indicate that a newspaper published in a neighboring county has an estimated 3,500 subscribers within the corporate limits of your city. You indicate that you would apprecia

OPINION 75-86 April 9, 1975 (OPINION) Mr. F. Gene Gruber: State's Attorney Bowman County P.O. Box 996 Bowman, ND 58623 Dear Mr. Gruber: This is in response to your letter of March 11, 1975, wherein you request an opinion of this office relative to Section 27-08.1-01 of the North Dakota Century Code, as amended. You submit the following question in your letter: I hereby request an opinion on behalf of the County Justice of Bowman County in respect to the following question: (N.D.C.C. 27-08.1-01 provides inter alia * * * no claim shall be filed by an assignee of that claim

OPINION 75-182 March 26, 1975 (OPINION) Mr. Gary A. Holum Bosard, McCutcheon, Kerian, Schmidt and Holum, Ltd. Attorneys and Counselors at Law Heritage Place Minot, ND 58701 Dear Mr. Holum: This is in response to your letter of March 18, 1975, wherein you request an opinion of this office relative to possible options involving the assessment of curb and gutter improvements as set forth under Chapter 40-31 of the North Dakota Century Code. You submit the following facts and questions in your letter: Does the governing body of a city have any options as to the assessment of c

OPINION 75-53 March 20, 1975 (OPINION) Mr. H.J. Snortland Assistant Superintendent of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Snortland: This is in reply to your letter of March 14, 1975, relative to special education children. You state the following facts and questions: "There are several school districts and cooperative special education programs which have requested information regarding the legality of providing special education programming for preschool age handicapped children. "Under Section 15-59-01, North Dakota Century Code, the exception