Laws Passed At The Thirty-fourth Session of Legislative Assembly of the State of North Dakota

Laws Passed At The Thirty-fourth Session of Legislative Assembly of the State of North Dakota (1955)
North Dakota Legislative Assembly

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LAWS

PASSED AT

The Thirty-fourth Session

OF THE

Legislative Assembly

OF THE

STATE OF NORTH DAKOTA

BEGUN AND HELD AT BISMARCK, THE CAPITAL OF SAID

STATE, ON TUESDAY, JANUARY FOURTH, 1955, AND

CONCLUDING FRIDAY, MARCH FOURTH, 1955

Published under Legislative Authority

by

THE LEGISLATIVE RESEARCH COMMITTEE

Bismarck, North Dakota

STATE OF NORTH DAKOTA

Department of State, Bismarck

I, Ben Meier, Secretary of State, hereby certify that the laws contained in this volume are true and correct copies, except clerical errors, of the laws and resolutions passed at the Thirty-fourth Session of the Legislative Assembly of the State of North Dakota, beginning Tuesday, January 4, 1955, and terminating Friday, March 4, 1955, also of the constitutional amendments and initiated measures submitted at the primary election held June 29, 1954, and the general election held November 2, 1954.

In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State of North Dakota, this first day of July, 1955.

(Seal)

BEN MEIER,

Secretary of State

We, William J. Daner, Statutory Revisor, and C. Emerson Murry, Research Director of the Legislative Research Committee, herebycertify that we have prepared the contents of this volume and that the laws and resolutions contained herein are true and correct copies of the original laws and resolutions on file in the office of the Secretary of State in the Capitol Building at Bismarck, North Dakota, clerical errors excepted.

WILLIAM J. DANER

C. EMERSON MURRY

by

Ben Meier, Secretary of State

State of North Dakota

MEMBERS OF THE THIRTY-FOURTH LEGISLATIVE ASSEMBLY
State of North Dakota, January 4, to March 4, 1995
SENATE

President — Lt. Gov. C. P. Dahl, Cooperstown, N. D.

Secretary — Edward Leno, Tuttle, N. D.

Dist.	County	Name	Address
*1.	Pembina	Franklin Page	Hamilton
2.	Pt. Ward	Glenn R. Dolan	Kenmare
*3.	Pt. Walsh	Mrs. Harry O'Brien	Park River
4.	Pt. Walsh	Clyde Kieley	Grafton
*5.	Pt. Grand Forks	Oliver E. Bilden	Northwood
6.	Pt. Grand Forks	Carroll E. Day	Grand Forks
*7.	Pt. Grand Forks	J.B. Bridston	Grand Forks
8.	Traill	Harvey B. Knudson	Mayville
*9.	Pt. Cass	Arthur C. Johnson	Fargo
10.	Pt. Cass	John E. Yunker	Durbin
*11.	Pt. Cass	Harry W. Wadeson	Alice
12.	Pt. Richland	A. W. Luick	Fairmount
*13.	Sargent	Gilman A. Klefstad	Forman
14.	Ranson	Donald C. Holand	Lisbon
*15.	Pt. Barnes	P. L. Foss	Valley City
*43.	Renville	Reinhart Krenz	Sherwood
44.	Mountrail	Axel Olson	Parshall
*45.	Williams	Iver Solberg	Ray
46.	McLean	E.C. Stucke (Died Jan 12, 1955) Walter R. Fiedler (Seated February 25, 1955)	Garrison
*47.	Grant, Sioux	William Kamrath	Leith
48.	Mercer, Oliver, Dunn	John Kusler	Beulah
*49.	Lavern Schoeder		Reeder

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APPROPRIATIONS

CHAPTER 1

H.B. No. 515
(Committee on Appropriations)

BURIAL AND RELEASE OF INSTITUTIONAL INMATES

AN ACT

Making an appropriation for inquest and burial of penal inmates, and action to release insane.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $500.00 or so much thereof as may be necessary to pay for the inquest and burial of inmates of penal institutions, and action to release insane patients, for the biennium beginning July 1, 1955 and ending June 30, 1957, provided that any charges against the above appropriation must have the approval of the state auditor and the state auditing board.

Approved February 1, 1955.

CHAPTER 2

H.B. No. 514
(Committee on Appropriations)

COUNTY FAIRS, BOYS' AND GIRLS' CLUB WORK

AN ACT

Making an appropriation for the payment of the premiums for boys' and girls' club work at county achievement fairs; and providing the manner of disbursement for such funds and making reports.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of not to exceed $200.00 each year to each organized county of the state in which a boys' and girls' achievement day, or achievement fair, is conducted, which sum shall be used exclusively for the payment of premiums for boys' and girls' club work.

§ 2. How Paid.) The moneys so appropriated shall be paid to the county agent of each county conducting a boys' and girls' achievement day, or achievement fair, upon a voucher duly executed by the county agent and filed with the state auditor, stating that the money is to be used for the purpose herein authorized. Within thirty days following the boys' and girls' achievement day, or achievement fair, the county agent shall file with the governor of the state a full and complete itemized statement showing the disposition of the premium payments, and any balance not expended shall be remitted to the state treasurer and placed to the credit of the general fund.

Approved January 28, 1955.

CHAPTER 3

H.B. No. 521
(Committee on Appropriations)

NORTH DAKOTA FIREMEN'S ASSOCIATION

AN ACT

Making an appropriation to the North Dakota Firemen's Association.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $4,500.00 or so much thereof as may be necessary, to the North Dakota Firemen's Association, for use in promoting regional fire schools, and other activities of such association, as provided for in sections 18-0302 to 18-0309, inclusive, of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957.

Approved February 23, 1955.

CHAPTER 4

H. B. No. 513
(Committee on Appropriations)

FUGITIVES FROM JUSTICE, ARREST AND RETURN

AN ACT

Making an appropriation to provide funds for the arrest and return of fugitives from justice.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $8,000.00 or so much thereof as may be necessary to provide funds for the arrest and return of fugitives from justice as provided by sections 29-3013 and 29-3014 of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957.

Approved February 24, 1955.

CHAPTER 5

S. B. No. 72
(Leier and Duffy)

LAW ENFORCEMENT, EXTRAORDINARY EXPENSES

AN ACT

Making an appropriation to meet extraordinary expenses of law enforcement arising by reason of federal agencies, correcting a clerical error in chapter 8, section 1, 1953 Session Laws of North Dakota, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury the sum of sixteen thousand thirty-four dollars and twenty-five cents, said sum being the unexpended balance of that certain appropriation found in section 1 of chapter 6 of the North Dakota Session Laws of 1951, which said sum is hereby appropriated for the purpose of meeting extraordinary expenses of law enforcement arising by reason of federal agencies, and to provide moneys intended and approved for appropriation by the Thirty-third Legislative Assembly of this state but not included in chapter 8, section 1 of the 1953 Session Laws of North Dakota through clerical error.

§ 2. Application.) Application for such funds shall be made to the attorney general by the county commissioners of the county so applying with the approval of the state's attorney and county auditor of such county, and the application shall be supported by itemized statements of extraordinary expenses incurred in law enforcement activities in such county by reason of such agencies in or adjacent to said county.

§ 3. Approval.) The attorney general shall have the duty to make such investigation as shall be deemed necessary and may approve or disapprove or reduce the amount applied for, and no payment or expenditure of any part of the above sum shall be made without the prior approval by the attorney general of the duly verified voucher presented to the state auditor.

§ 4. Term of Appropriation.) This Act shall remain in effect only until June 30, 1955, and any balance remaining of this appropriation after June 30, 1955 shall revert to the general fund.

§ 5. Emergency.) This Act is hereby declared to be an emergency measure and shall be in full force and effect from and after its passage and approval.

Approved March 9, 1955.

CHAPTER 6

H. B. No. 523
(Committee on Appropriations)

NATIONAL CONVENTION DELEGATES

AN ACT

Making an appropriation for the payment of expenses of delegates to national conventions of political parties recognized as such by the laws of the state of North Dakota.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any funds in the state treasury, not otherwise appropriated, the sum of $6,000.00 to pay the expenses of delegates to national political conventions in accordance with the provisions of section 16-17181 of the 1953 Supplement to the North Dakota Revised Code of 1943, in the amount audited by the state auditing board.

Approved February 26, 1955.

CHAPTER 7

H. B. No. 522
(Committee on Appropriations)

PRESIDENTIAL ELECTORS

AN ACT

Making an appropriation to pay the expenses and per diem of presidential electors.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $600.00 for the biennium, or so much thereof as may be necessary to pay the expenses and per diem of presidential electors as provided for in section 16-1605 of the North Dakota Revised Code of 1943.

Approved January 28, 1955.

CHAPTER 8

H. B. No. 509
(Committee on Appropriations)

REFUNDS, MISCELLANEOUS

AN ACT

Making an appropriation for the purpose of refunding money erroneously paid into or credited to the general fund.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $25,000.00 for the biennium beginning July 1, 1955 and ending June 30, 1957, or so much thereof as may be necessary for the purpose of making certain refunds out of the general fund and which is known as the miscellaneous refund account, used for the purpose of refunding money erroneously paid into or credited to the general fund.

Approved February 28, 1955.

CHAPTER 9

S. B. No. 241
(Luick)

REFUND TO RICHLAND COUNTY

AN ACT

Making an appropriation for the purpose of refunding to Richland County amounts erroneously paid to the state of North Dakota by such county for state general property taxes with its October, 1954 report of state taxes collected.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the general fund of the state treasury, not otherwise appropriated, the sum of four thousand eight hundred fifty-nine dollars and one cent, or so much as may be necessary for the purpose of reimbursing and refunding to Richland County the sum erroneously paid by Richland County for state general property taxes with the October, 1954 report by Richland County of state taxes collected. The sum herein appropriated shall be disbursed to Richland County upon warrant of the state auditor upon the effective date of this Act, provided that an audit of the books and accounts of Richland County by the state examiner shows that this amount or a lesser amount was paid in error.

Approved March 9, 1955.

CHAPTER 10

H. B. No. 591
(Snortland, Kloster and Olson)

REFUND TO STEELE COUNTY

AN ACT

Making an appropriation for the purpose of refunding to Steele County amounts erroneously paid by such county for the care of a patient at the state hospital.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the welfare fund of the state treasury, not otherwise appropriated, the sum of ten thousand three hundred ninety-six dollars and twenty-five cents for the purpose of reimbursing and refunding to Steele County the sum of money erroneously paid by Steele County for the care of one Hans A. Madson who was erroneously classified as a resident of Steele County for payments for institutional care at the state hospital. The sum herein appropriated shall be disbursed to Steele County upon warrant of the state auditor upon the effective date of this Act.

Approved March 10, 1955.

CHAPTER 11

S. B. No. 15
(Committee on Appropriations)

STATE EQUALIZATION FUND

AN ACT

Making an appropriation for the purpose of paying the administrative expenses and the state aid of the state equalization fund, the administrative expenses and the teaching preparation scholarships of the teacher preparation scholarship plan, and two agricultural schools on the basis of enrollment.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury in the state equalization fund, not otherwise appropriated, the following sums for the following purposes, for the biennium beginning July 1, 1955 to June 30, 1957, to-wit:

State Equalization Fund—Administration and State Aid
Salary, director and clerkhire	$	30,000.00
Postage, supplies, printing, furniture and fixtures		5,000.00
Travel expense		1,000.00
Emergency		1,024,000.00
Resident, non-resident and out-of-state high school tuition		6,280,000.00
Resident elementary aid		4,700,000.00
Resident high school aid		2,500,000.00
Teacher Preparation Scholarships
Administration		5,000.00
Scholarships		190,800.00
Agricultural and Training Schools
Benson County—Maddock		17,500.00
Walsh County—Park River		25,000.00

Total	$	14,778,300.00

Approved March 9, 1955.

CHAPTER 12

S. B. No. 30
(Committee on Appropriations)

HIGH SCHOOL CORRESPONDENCE STUDY

AN ACT

Making an appropriation for the salaries and miscellaneous expenses of the high school correspondence study.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the state equalization fund in the state treasury, the sum of $225,000.00, or so much thereof as may be necessary for salaries and miscellaneous expenses of the high school correspondence study, as provided for in chapter 15-19 of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957.

Approved March 9, 1955.

CHAPTER 13

S. B. No. 17
(Committee on Appropriations)

SCHOOL CONSTRUCTION ADMINISTRATION

AN ACT

Making an appropriation for the administrative expenses of the state school construction fund and state school construction board.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state equalization fund in the state treasury, not otherwise appropriated, the sum of $22,340.00, or so much thereof as may be necessary to pay the administrative expenses of the state school construction fund and state school construction board as provided for in chapter 15-60 of the 1953 Supplement to the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957.

Approved March 1, 1955.

CHAPTER 14

S. B. No. 16
(Committee on Appropriations)

SCHOOL DISTRICT REORGANIZATION BOARD

AN ACT

Making an appropriation for the purpose of defraying the expenses of the maintenance and operation of the board of school district reorganization.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the state equalization fund in the state treasury not otherwise appropriated, the sum of $7,200.00, or so much thereof as may be necessary for the maintenance and operation of the board of school district reorganization, as provided for in chapter 15-53 of the 1953 Supplement to the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

State and county committees	$	4,500.00
Clerkhire		2,200.00
Miscellaneous		500.00

Total	$	7,200.00

§ 2. Reversion.) Any moneys heretofore appropriated to the board of school district reorganization, not expended by July 1, 1955, shall revert to the state equalization fund.

Approved March 1, 1955.

CHAPTER 15

S. B. No. 18
(Committee on Appropriations)

SPECIAL EDUCATION OF EXCEPTIONAL CHILDREN

AN ACT

Making an appropriation for the use of special education of exceptional children.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state equalization fund in the state treasury, the sum of $264,000.00 for the special education of exceptional children under the sole supervision of the superintendent of public instruction, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Salary of director	$	14,000.00
Clerkhire and all other general operating expenses		250,000.00

Total	$	264,000.00

Approved March 9, 1955.

CHAPTER 16

H. B. No. 533
(Committee on Appropriations)

TEACHERS' INSURANCE AND RETIREMENT FUND

AN ACT

Making an appropriation for the purpose of operating and maintaining the teachers' insurance and retirement fund.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury in the teachers' insurance and retirement fund, the sum of $55,000.00 for the purpose of operating and maintaining the teachers' insurance and retirement fund, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Salary, executive director	$	9,000.00
Clerkhire		25,000.00
Postage, supplies, printing, furniture and fixtures		7,500.00
Miscellaneous		1,500.00
Travel expense		2,500.00
Audit		2,000.00
Actuary		3,000.00
Rent and maintenance		4,000.00
Old age and survivor insurance system—social security		500.00

Total	$	55,000.00

Approved February 28, 1955.

CHAPTER 17

S. B. No. 14
(Committee on Appropriations)

VOCATIONAL EDUCATION

AN ACT

Making an appropriation for vocational agriculture, vocational home economics, occupational information and guidance, business education, and trade and industrial education.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state equalization fund in the state treasury, not otherwise appropriated, the sum of $256,000.00, or so much thereof as may be necessary for vocational agriculture, vocational home economics, occupational information and guidance, business education, and trade and industrial education, as provided for in section 15-4003 of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Vocational agriculture	$	95,000.00
Vocational home economics		110,000.00
Occupational information and guidance		20,000.00
Business education		15,000.00
Trade and industrial education		16,000.00

Total	$	256,000.00

Approved March 1, 1955.

CHAPTER 18

S. B. No. 23
(Committee on Appropriations)

VOCATIONAL REHABILITATION AND EDUCATION

AN ACT

Making appropriations for the divisions of vocational rehabilitation and vocational education and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriations.) There is hereby appropriated out of the state equalization fund in the state treasury, the sum of $231,000.00 or so much thereof as may be necessary for the vocational rehabilitation of disabled persons, to be matched with federal funds; and the sum of $1,500.00 or so much thereof as is necessary for vocational education of which $225,000.00 will be available for the biennium beginning July 1, 1955 and ending June 30, 1957, and $6,000.00 shall be available immediately upon passage.

§ 2. Emergency.) This Act is declared to be an emergency measure and shall be in full force and effect upon its passage and approval.

Approved March 1, 1955.

CHAPTER 19

H. B. No. 502
(Committee on Appropriations)

STATE COMMISSION ON ALCOHOLISM

AN ACT

Making an appropriation for the purpose of carrying out the provisions of chapter 54-38 of the 1953 Supplement to the North Dakota Revised Code of 1943.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the state treasury, not otherwise appropriated, the sum of $25,000.00, or so much thereof as may be necessary for the purpose of carrying out the provisions of chapter 54-38 of the 1953 Supplement of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955, and ending June 30, 1957.

Approved March 10, 1955.

CHAPTER 20

S. B. No. 13
(Committee on Appropriations)

ATTORNEY GENERAL—LICENSING DEPARTMENT

AN ACT

Making an appropriation for the enforcement and administration of the attorney general licensing department.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the attorney general license fund in the state treasury, the sum of $110,150.00, or so much thereof as may be necessary for salaries and general expenses for the attorney general licensing department as provided for in section 53-0607 of the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Clerkhire and inspectors	$	72,000.00
Postage, supplies, printing, furniture and fixtures		4,500.00
Travel expense		26,000.00
Miscellaneous		1,500.00
Hearing expense		5,000.00
Old age and survivor insurance—social security		1,000.00
Refunds		150.00

Total	$	110,150.00

Approved March 9, 1955.

CHAPTER 21

S. B. No. 12
(Committee on Appropriations)

STATE AUDITOR—GASOLINE TAX DIVISION

AN ACT

Making an appropriation for the purpose of defraying the expenses of the maintenance and operation of the gasoline tax division in the office of the state auditor.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the motor vehicle fuel taxes collected under section 57-4106 of the North Dakota Revised Code of 1943, not otherwise appropriated, the sum of $142,500.00, or so much thereof as may be necessary, to be set aside in the state treasury, for the purpose of defraying the expenses of the maintenance and operation of the gasoline tax division in the office of the state auditor, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Clerkhire	$	96,000.00
Postage, supplies, printing, furniture and fixtures		15,000.00
Miscellaneous		2,000.00
Emergency		10,000.00
Travel expense		18,000.00
Old age and survivor insurance system—social security		1,500.00

Total	$	142,500.00

Approved March 9, 1955.

CHAPTER 22

S. B. No. 29
(Committee on Appropriations)

STATE BONDING FUND

AN ACT

Making an appropriation for the purpose of operating and maintaining the state bonding fund.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the moneys in the state bonding fund in the state treasury, the sum of $22,430.00, or so much thereof as may be necessary to maintain and operate the state bonding fund of the state of North Dakota, for the biennium beginning July 1, 1955 and ending June 30, 1957, to-wit:

Salaries	$	12,000.00
Postage, supplies, printing, furniture and fixtures		4,000.00
Miscellaneous		500.00
Investigations and travel		3,000.00
Emergency		500.00
Assistant attorney general's salary		1,680.00
Old age and survivor insurance system—social security		250.00
Examination fee		500.00

Total	$	22,430.00

Approved March 1, 1955.

CHAPTER 23

S. B. No. 1
(Committee on Appropriations)

BUDGET

AN ACT

To appropriate money for the expenses of the executive, legislative and judicial departments of the state government, and for all of the subdivisions thereof, and for public schools, specifying the amount and time for which such appropriations shall be available, and repealing all acts, or parts of acts, insofar as the same shall relate to appropriations conflicting herewith or to appropriations for the same matters or purposes provided for herein, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriations for the Executive, Legislative and Judicial Departments of the State Government and for all of the Subdivisions Thereof, and for Public Schools.) The sums hereinafter named only, or so much thereof as may be necessary, are hereby appropriated out of any moneys in the state treasury, to the credit of each department, subdivision and public school hereinafter named and the balance necessary out of the general fund, except as hereinafter specifically provided, not otherwise appropriated, for the purpose specified in the following sections of this Act.

§ 2. The Period During Which the Appropriations Made Herein Shall Be Available.) Unless otherwise specifically stated, the appropriations herein made shall be available for the expenses to be incurred in and about the several purposes herein set out, during the fiscal period of two years, beginning July 1, 1955, and ending June 30, 1957, to-wit:

§ 3. Appropriations.)

Subdivision 1.

Executive Office
Salary, governor	$	18,000.00
Clerkhire: Secretary and other employees		23,130.00
Postage, supplies, printing, furniture and fixtures		2,500.00
Miscellaneous		1,800.00
Travel expense		3,000.00

Governor's contingent		5,000.00
Council of state governments		4,000.00
Old age and survivor insurance system—social security		270.00

Total	$	57,700.00

Subdivision 2.

Lieutenant Governor
Salary, lieutenant governor	$	2,000.00

Total	$	2,000.00

Subdivision 3.

Supreme Court
Salary, five judges of supreme court	$	100,000.00
Clerk of supreme court		9,000.00
Deputy clerk		7,200.00
Judges' stenographer - secretaries		34,200.00
Miscellaneous		800.00
Postage, supplies, printing, furniture and fixtures		3,500.00
Travel expense		1,000.00
Old age and survivor insurance system—social security		1,200.00
Retirement, supreme court judges		14,000.00

Total	$	170,900.00

Subdivision 4.

Supreme Court Reporter and Law Librarian
Salary	$	8,000.00
Postage, supplies, printing, furniture and fixtures		1,500.00
Miscellaneous		600.00
Purchase of books, periodicals, etc.		7,500.00
Deficit appropriation to be made available immediately on passage		4,000.00

Total	$	21,600.00

Subdivision 5.

Judges of District Courts
Salary, 16 judges	$	256,000.00
Expenses		20,000.00
Retirement of district judges		48,000.00
Old age and survivor insurance system—social security		90.00

Total	$	324,090.00

Subdivision 6.

Secretary of State
Salary, secretary of state	$	10,000.00
Salary, deputy		9,600.00
Clerkhire		32,400.00
Postage, supplies, printing, furniture and fixtures		14,500.00
Legislative assistance		1,000.00
Miscellaneous		1,000.00
Travel expense		800.00
Old age and survivor insurance system—social security		1,180.00

Total	$	70,480.00

Subdivision 6a.

Secretary of State—Public Printing
Legal notices	$	1,200.00
1955 session laws		11,000.00
Tabulation, abstracts, etc.		1,200.00
Postage, publicity pamphlet		7,000.00
Binding public documents		3,400.00
Publicity pamphlet, printing		17,000.00

Total	$	40,800.00

Subdivision 7.

State Auditor
Salary, state auditor	$	10,000.00
Salary, deputy		9,600.00
Clerkhire		60,000.00
Postage, supplies, printing, furniture and fixtures		6,000.00

Travel expense		2,000.00
Miscellaneous		1,300.00
Supplies for departments and counties		1,200.00
Oleomargarine stamps		8,000.00
New machines		3,800.00
Old age and survivor insurance system—social security		1,100.00

Total	$	103,000.00

Subdivision 8.

State Treasurer
Salary, state treasurer	$	10,000.00
Salary, deputy		9,600.00
Clerkhire		48,500.00
Postage, supplies, printing, furniture and fixtures		5,000.00
Miscellaneous		2,200.00
Bond premium		2,000.00
Travel expense		600.00
Old age and survivor insurance system—social security		800.00

Total	$	78,700.00

Subdivision 8a.

State Treasurer—Liquor Control
Clerkhire	$	18,800.00
Postage, supplies, printing, furniture and fixtures		1,000.00
Miscellaneous		600.00
Travel expense		2,000.00
Liquor stamps		16,000.00
Old age and survivor insurance system—social security		180.00

Total	$	38,580.00

Subdivision 9.

Commissioner of Insurance
Salary, commissioner	$	10,000.00
Salary, deputy		9,600.00
Clerkhire		52,800.00
Postage, supplies, printing, furniture and fixtures		16,000.00

Miscellaneous		2,000.00
Investigation of unauthorized companies		1,500.00
Travel expense		5,000.00
Domestic examiners		12,000.00
Convention examiners		30,000.00
Old age and survivor insurance system—social security		800.00
IBM installation and supplies		1,000.00

Total	$	140,700.00

Subdivision 9a.

State Fire Marshal (Commissioner of Insurance)
Salary, deputy fire marshals	$	16,000.00
Clerkhire		8,000.00
Postage, supplies, printing, furniture and fixtures		4,600.00
Miscellaneous		1,200.00
Travel expense		8,000.00
Fees to fire chiefs		900.00
Arson hearing fund		2,500.00
Old age and survivor insurance system—social security		450.00

Total	$	41,650.00

Subdivision 10.

Attorney General
Salary, attorney general	$	15,000.00
Salary, assistant attorneys general		124,500.00
Clerkhire		24,240.00
Postage, supplies, printing, furniture and fixtures		6,000.00
Miscellaneous		2,400.00
Travel expense		6,500.00
Library		2,000.00
Miscellaneous court cases		7,500.00
Old age and survivor insurance system—social security		2,000.00

Total	$	190,140.00

Subdivision 11.

Department of Public Instruction
Salary, superintendent	$	10,800.00
Clerkhire		120,880.00
Travel expense		10,500.00
Postage, supplies, printing, furniture, fixtures and freight		40,000.00
Courses of study and bulletin no. 5		14,000.00
High school and eighth grade examination		15,000.00
Teachers insurance and retirement matching		1,400.00
Teachers meetings		1,500.00
Miscellaneous		3,600.00
Old age and survivor insurance system—social security		1,200.00

Total	$	218,880.00

Subdivision 12.

Department of Agriculture and Labor
Salary, commissioner	$	10,000.00
Salary, deputy (labor)		9,600.00
Salary, deputy (dairy)		9,600.00
Clerkhire		107,470.00
Postage, supplies, printing, furniture and fixtures		53,350.00
Miscellaneous		4,000.00
Travel expense		40,000.00
Hearings		1,000.00
Auto exchange		1,200.00
Old age and survivor insurance system—social security		1,882.00
(Predatory Animal and Rodent Control)
Predatory animal and rodent control		73,680.00
Stem rust control, nursery inspection, and quarantine enforcement		12,000.00

Total	$	323,782.00

Department of Agriculture and Labor
(Athletic Commission)
Salary, secretary	$	1,200.00
Commission expense		500.00

Total	$	1,700.00

Subdivision 13.

Public Service Commission
Salary, commissioners (3)	$	30,000.00
Clerkhire		208,000.00
Postage, supplies, printing, furniture and fixtures		13,100.00
Miscellaneous		6,000.00
Travel expense, car exchange		41,000.00
Workmen's compensation		520.00
Handling interstate commerce commission cases and cases before federal power commission and federal communications commission and national association of railroad and utilities commissioners		18,800.00
Research data		750.00
Old age and survivor insurance system—social security		2,875.00
(Department of Weights and Measures)
Salary, chief inspector		9,000.00
License plates, seals, etc.		3,500.00
Field testing equipment		4,000.00
Refunds		125.00
Trucks and maintenance		14,000.00

Total	$	351,670.00

Subdivision 13a.

Public Service Commission (Utility Valuation)
Services and expense	$	25,000.00

Total	$	25,000.00

Subdivision 14.

Aeronautics Commission
Salary, director	$	10,000.00
Commissioners' per diem and clerkhire		20,200.00
Travel expense	$	6,500.00
Supplies, postage and sign fixtures		4,000.00
Fixed charges, maintenance and miscellaneous		7,500.00
Old age survivor and insurance system—social security		350.00

Total	$	48,550.00

Subdivision 15.

Land Commissioner
Salary, commissioner	$	10,800.00
Clerkhire		78,638.00
Postage, supplies, printing, furniture and fixtures		7,500.00
Miscellaneous		800.00
Travel expense		15,000.00
Leasing		2,500.00
Premium on bonds		500.00
Surveying		500.00
Fieldmen's salary		21,600.00
Old age and survivor insurance system—social security		1,362.00

Total	$	139,200.00

Subdivision 16.

Tax Commissioner
Salary, tax commissioner	$	12,000.00
Salary, deputy		10,000.00
Clerkhire—includes office force, deputies and field auditors		380,000.00
Postage, supplies, printing, furniture and fixtures		120,000.00
Miscellaneous		10,000.00
Travel expense—field auditors		70,000.00
Revenue stamps		27,000.00
Travel expense—department general		2,000.00
Old age and survivor insurance system—social security		7,000.00

Total	$	638,000.00

Subdivision 17.

Board of Administration
Salary, chairman and members	$	36,000.00
Other employees		300,000.00
Capitol maintenance		140,700.00
Postage, supplies, printing, furniture and fixtures		6,600.00
Postage due		900.00
Improvements and repairs		26,900.00
Miscellaneous		12,000.00
Travel expense		6,000.00
Equipment, yard		1,500.00
Special assessment		12,755.10
Snow removal equipment		4,500.00

Storm sewer, curb and gutter, fill sloughs, parking area extension, blacktop road to Roosevelt cabin		50,000.00
Repairing capitol plaza		100,000.00
Site planning for capitol grounds		2,500.00
Lights for legislative chambers		10,000.00
Radio broadcasting		78,000.00
Old age and survivor insurance system—social security		7,500.00

Total	$	795,855.10

Subdivision 18.

State Seed Department
Seed analyst	$	10,000.00
Assistant seed analysts		20,000.00
Travel expense		1,000.00
Postage, supplies, printing, furniture and fixtures		4,000.00
Miscellaneous		500.00

Total	$	35,500.00

Subdivision 19.

State Industrial Commission
Clerkhire	$	840.00
Postage, supplies and printing		250.00
Miscellaneous		100.00
Contribution to interstate oil compact commission		800.00

Total	$	1,990.00

Subdivision 20.

State Library Commission
Salary, director	$	9,000.00
Clerkhire		55,000.00
Postage, supplies, printing, furniture and fixtures		6,500.00
Miscellaneous		1,000.00
Travel expense		2,000.00
Aid to libraries		500.00
Books, binding and repair		15,000.00
Old age and survivor insurance system—social security		1,000.00

Total	$	90,000.00

Page:1955 North Dakota Session Laws.pdf/34 Page:1955 North Dakota Session Laws.pdf/35 Page:1955 North Dakota Session Laws.pdf/36

CHAPTER 24

S. B. No. 195
(Committee on Appropriations)

CIVIL DEFENSE

AN ACT

For an appropriation to continue the operation of North Dakota civil defense as provided for by chapter 37-17 of the 1953 Supplement to the North Dakota Revised Code of 1943 and repealing section 37-1712 of the 1953 Supplement to the North Dakota Revised Code of 1943.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of any moneys in the general fund of the state treasury the sum of twenty thousand dollars to carry out the provisions of chapter 37-17 of the 1953 Supplement to the North Dakota Revised Code of 1943 relating to the operation of the civil defense for North Dakota.

§ 2. Repeal.) Section 37-1712 of the 1953 Supplement to the North Dakota Revised Code of 1943 is hereby repealed.

Approved March 2, 1955.

CHAPTER 25

S. B. No. 22
(Committee on Appropriations)

STATE EXAMINER—CLOSED BANK FUND

AN ACT

Making an appropriation to carry out the provisions of chapter 6-07 of the 1953 Supplement to the North Dakota Revised Code of 1943 for the closed bank fund.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Appropriation.) There is hereby appropriated out of the closed bank fund in the state treasury, the sum of $4,000.00, or so much thereof as may be necessary to carry out the provisions of chapter 6-07 of the 1953 Supplement to the North Dakota Revised Code of 1943, for the biennium beginning July 1, 1955 and ending June 30, 1957.

CRIMES AND PUNISHMENTS

CHAPTER 120

H. B. No. 665

(Isakson and Adamsen)

PUBLIC OFFICER'S INTEREST IN CONTRACTS

AN ACT

To amend and reenact section 12-1006 of the North Dakota Revised Code of 1943, relating to personal interest in contract by public officer.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Section 12-1006 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

12-1006. Personal Interest In Contract By Public Officer; Punishment; Exception.) Every public officer authorized to sell or lease any property, or make any contract in his official capacity, who voluntarily becomes interested individually in such sale, lease, or contract, directly or indirectly, is guilty of a misdemeanor. Provided however, that township supervisors shall be permitted to do work for such township for a consideration of not to exceed five hundred dollars in any calendar year when a finding is made and entered in the minutes that other persons can not be found to adequately or suitably do such work.

Approved March 2, 1955.

CHAPTER 121

S. B. No. 104

(Klefstad and O'Brien)

ABANDONED ICEBOXES, REFRIGERATORS

AN ACT

To prevent the abandoning or discarding of iceboxes, refrigerators, or ice chests which have latch lids or doors and to provide a penalty.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1.) Any person, firm or corporation abandoning or discarding in any place accessible to children any refrigerator, icebox or ice chest, of a capacity of one and one-half cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain in such condition, shall be deemed negligent as a matter of law and shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than one hundred dollars, or imprisoned not more than sixty days, or both.

Approved February 26, 1955.

CHAPTER 122

H. B. No. 825

(Vinje, Roen, Gefreh, Schuler, Langseth, Brooks and Haugland)

OBSCENE MATERIALS

AN ACT

Relating to the prohibition of the buying, selling, distribution, designing or disseminating in any way, of obscene writings and pictures and providing for the enforcement and administration of this Act and penalties for its violation; and to repeal sections 12-2107, 12-2109 and 12-2111 of the North Dakota Revised Code of 1943.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Sale, Exhibition and Distribution of Lewd and Obscene Matter To Persons Under Twenty-One Prohibited.) No obscene, lewd, salacious or lascivious book, pamphlet, picture, paper, letter, magazine, newspaper, writing, print, printing, film, negative, transcription, wire or tape recording, or other matter of indecent character, shall be sold, loaned, given away, shown, exhibited, distributed, advertised or offered for sale, loan, gift or distribution, or be held in possession with intent to sell, loan, give away, show, exhibit, or distribute, to any one under the age of twenty-one. Any person, firm, copartnership or corporation who hires, uses, or employs any one under the age of twenty-one to sell, give away, or in any manner distribute such matter, and any person who, having the care, custody or control of a person under the age of twenty-one years, permits such person to sell, give away, or in any manner distribute such matter, shall also be guilty of a violation of this Act. The trial court shall take into consideration and give due weight to the approval by the national association known as the 'Comics Code Authority', or such associations successors, of any comic books or publications in question under this Act.

§ 2. Buying, Selling, Distributing, Exhibiting, Preparing, Possession of, or Bringing Into State Any Equipment for Preparing, Lewd and Obscene Matter.) No person, firm, copartnership or corporation shall buy, sell, cause to be sold, advertise, lend, give away, offer, show, exhibit, distribute, cause to be distributed, or design, copy, draw, photograph, print, etch, engrave, cut, carve, make, publish, prepare, assist in preparing, solicit or receive subscriptions for, or hold in possession with intent to sell, lend, give away, offer, show, exhibit, distribute, or cause to be distributed, or bring or cause to be brought into the state any obscene, lewd, salacious, or lascivious book, pamphlet, picture, paper, letter, magazine, newspaper, writing, print, printing, film, negative, transcription, wire or tape recording, cast, cut, carving, figure, image, or other matter, article or instrument of indecent character or immoral use, or any equipment, machinery, or devices used or intended to be used in the preparation, manufacturing or producing of such obscene matter and material. The trial court shall take into consideration and give due weight to the approval by the national association known as the 'Comics Code Authority', or such associations successors, of any comic books or publications in question under this Act.

§ 3. Distribution of Indecent Articles: Tie-In Sales.) No person, firm, co-partnership or corporation shall as a condition to a sale or delivery for resale of any paper, magazine, book, periodical or publication require that the purchaser or consignee receive for resale any other article, book, or other publication reasonably believed by the purchaser or consignee to be obscene, lewd, lascivious, filthy, indecent or disgusting. § 4. Seizure and Confiscation of Equipment Used In Production or Manufacture of Indecent Literature or Articles and of Vehicles Used In Distribution of Indecent Articles Authorized.) Any peace officer of this state may seize any equipment used in the printing, production or manufacture of indecent and obscene literature, matter or articles of whatever nature, and may seize any vehicle or other means of transportation used in the distribution of such indecent and obscene literature, matter or articles, and may arrest any person in charge thereof. The procedure prescribed in chapter 29-31 of the North Dakota Revised Code of 1943 relating to confiscation of equipment used in the commission of crimes shall apply and shall be followed in carrying out the provisions of this section.

§ 5. Penalty.) Any person who violates any of the provi- sions of this Act shall be punishable by a fine of not to exceed one thousand dollars, or by imprisonment for not to exceed one year, or by both such fine and imprisonment. The term "person” herein shall include any firm, co-partnership or cor- poration.

§ 6. Severability.) Should any part of this Act be adjudged invalid or unconstitutional, such adjudication shall affect only the part of this Act specifically covered thereby and shall not affect any other provisions or parts of this Act.

§ 7. Repeal.) Sections 12-2107, 12-2109, 12-2111 of the North Dakota Revised Code of 1943 are hereby repealed.

Approved March 1, 1955.

CHAPTER 123

H. B. No. 705

(Wolf, Sticka, Gress, Roen, Snow,)

(Lee, Homelvig, Schmalenberger,)

(Petterson, Poling, Brown, Larson)

(Bratcher, Strege and Hegge)

SUNDAY BASEBALL

AN ACT

To amend and reenact subsection 2 of section 12-2115 of the North Dakota Revised Code of 1943, relating to acts of Sabbath breaking, and declaring an emergency.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Subsection 2 of section 12-2115 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

2. Public sports, including shooting, sporting horse racing, or other public sports, circuses, and street carnivals. This section shall not apply to baseball when authorized by the governing body of any municipality to be played within the territorial limits of such municipality or by the board of county commissioners when played outside the limits of cities or villages and when conducted in a quiet and orderly manner so as not to interfere with the peace, repose, and comfort of the community and when played after one o'clock p.m. on the Sabbath day more than five hundred feet away from any church edifice.

§ 2. Emergency.) This Act is hereby declared to be an emergency and shall be in full force and effect from and after its passage and approval.

Approved March 11, 1955.

CHAPTER 124

S. B. No. 37

(Legislative Research Committee)

(At the Request of the)

(Judicial Council)

SUSPENSION OF CERTAIN SENTENCES

AN ACT

To amend and reenact section 12-5313 of the 1953 Supplement to the North Dakota Revised Code of 1943 relating to imposition and suspension of sentences in certain criminal cases.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Section 12-5313 of the 1953 Supplement to the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

12-5313. Imposition of Sentence Suspended; When Authorized.) When a defendant has been found guilty of a felony for the first time or when a defendant has been found guilty of a misdemeanor, whether or not for the first time, the court upon application or its own motion may, in its discretion, suspend the imposing of the sentence and may direct that such suspension continue for a definite period of time, not exceeding five years, and upon such terms and conditions as it may determine.

Approved February 26, 1955.

CHAPTER 125

S. B. No. 161

(Duffy and Rue)

BOARD OF PARDONS; MEETINGS

AN ACT

To amend and reenact section 12-5503 of the North Dakota Revised Code of 1943, relating to meetings of the board of pardons.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Section 12-5503 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

12-5503. Board Meetings; When and Where Held.) The board of pardons shall hold at least two regular meetings in each calendar year, and may hold such other special meetings at such times as it shall determine necessary for the proper performance of its official duties. The regular meetings shall be held on the fourth Monday of March and the first Monday of August of each year at the penitentiary. All special meetings of the board shall be held in the executive chamber at the state capitol, or in such other place as may be ordered by the board.

CHAPTER 208

H. B. No. 684

(Brooks and Getreh)

COUNSEL FOR INDIGENT DEFENDANTS; COMPENSATION

AN ACT

To amend and reenact section 29-0127 of the North Dakota Revised Code of 1943, relating to compensation and limitation of assignment of counsel for indigent defendants.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1. Amendment.) Section 29-0127 of the North Dakota Revised Code of 1943 is hereby amended and reenacted to read as follows:

29-0127. Indigent Defendant; Attorney Appointed; Compensation; Limitation.) In all criminal actions when it is satisfactorily shown to the court that the defendant has no means and is unable to employ counsel, the court shall appoint and assign counsel for his defense and allow and direct to be paid by the county in which such trial is had a reasonable and just compensation to the attorney so assigned for such services as he may render, but such attorney shall not be paid a sum to exceed twenty-five dollars per day in any one case.

Approved March 1, 1955. CHAPTER 209

H. B. No. 840

(Gefreh and Beede)

BAIL PENDING EXTRADITION

AN ACT

Providing for bail pending determination of habeas corpus proceedings in extradition cases.

Be It Enacted by the Legislative Assembly of the State of North Dakota:

§ 1.) Pending the determination of habeas corpus proceedings, a person taken into custody under a warrant issued by the governor of this state upon the requisition of the governor of another state or territory at the discretion of the court or judge may be admitted to bail by the court or judge issuing the writ of habeas corpus.

Laws Passed At The Thirty-fourth Session of Legislative Assembly of the State of North Dakota

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