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

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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.
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
Copyright 1955
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
APPROPRIATIONS
CHAPTER 1
H.B. No. 515 (Committee on Appropriations)
BURIAL AND RELEASE OF INSTITUTIONAL INMATES
AN ACT
§ 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
§ 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.
§ 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.
CHAPTER 4
H. B. No. 513 (Committee on Appropriations)
FUGITIVES FROM JUSTICE, ARREST AND RETURN
AN ACT
§ 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
§ 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
§ 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
§ 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
§ 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
§ 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.
CHAPTER 10
H. B. No. 591 (Snortland, Kloster and Olson)
REFUND TO STEELE COUNTY
AN ACT
§ 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
§ 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
§ 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.
CHAPTER 13
S. B. No. 17 (Committee on Appropriations)
SCHOOL CONSTRUCTION ADMINISTRATION
AN ACT
§ 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
§ 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
§ 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 |
CHAPTER 16
H. B. No. 533 (Committee on Appropriations)
TEACHERS' INSURANCE AND RETIREMENT FUND
AN ACT
§ 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 |
CHAPTER 17
S. B. No. 14 (Committee on Appropriations)
VOCATIONAL EDUCATION
AN ACT
§ 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 |
CHAPTER 18
S. B. No. 23 (Committee on Appropriations)
VOCATIONAL REHABILITATION AND EDUCATION
AN ACT
§ 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
§ 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
§ 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 |
CHAPTER 21
S. B. No. 12 (Committee on Appropriations)
STATE AUDITOR—GASOLINE TAX DIVISION
AN ACT
§ 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 |
CHAPTER 22
S. B. No. 29 (Committee on Appropriations)
STATE BONDING FUND
AN ACT
§ 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 |
CHAPTER 23
S. B. No. 1 (Committee on Appropriations)
BUDGET
AN ACT
§ 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 |
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 |
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 |
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 |
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 |
CHAPTER 24
S. B. No. 195 (Committee on Appropriations)
CIVIL DEFENSE
AN ACT
§ 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
§ 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.
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, pic​ture, 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.
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.
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.
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.
Approved March 1, 1955. ​Page:1955 North Dakota Session Laws.pdf/165 ​Page:1955 North Dakota Session Laws.pdf/166 ​Page:1955 North Dakota Session Laws.pdf/167 ​Page:1955 North Dakota Session Laws.pdf/168 ​Page:1955 North Dakota Session Laws.pdf/169 ​Page:1955 North Dakota Session Laws.pdf/170 ​Page:1955 North Dakota Session Laws.pdf/171 ​Page:1955 North Dakota Session Laws.pdf/172 ​Page:1955 North Dakota Session Laws.pdf/173 ​Page:1955 North Dakota Session Laws.pdf/174 ​Page:1955 North Dakota Session Laws.pdf/175 ​Page:1955 North Dakota Session Laws.pdf/176 ​Page:1955 North Dakota Session Laws.pdf/177 ​Page:1955 North Dakota Session Laws.pdf/178 ​Page:1955 North Dakota Session Laws.pdf/179 ​Page:1955 North Dakota Session Laws.pdf/180 ​Page:1955 North Dakota Session Laws.pdf/181 ​Page:1955 North Dakota Session Laws.pdf/182 ​Page:1955 North Dakota Session Laws.pdf/183 ​Page:1955 North Dakota Session Laws.pdf/184 ​Page:1955 North Dakota Session Laws.pdf/185 ​Page:1955 North Dakota Session 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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.
Approved March 1, 1955. ​Page:1955 North Dakota Session Laws.pdf/292 ​Page:1955 North Dakota Session Laws.pdf/293 ​Page:1955 North Dakota Session Laws.pdf/294 ​Page:1955 North Dakota Session Laws.pdf/295 ​Page:1955 North Dakota Session Laws.pdf/296 ​Page:1955 North Dakota Session Laws.pdf/297 ​Page:1955 North Dakota Session Laws.pdf/298 ​Page:1955 North Dakota Session Laws.pdf/299 ​Page:1955 North Dakota Session Laws.pdf/300 ​Page:1955 North Dakota Session Laws.pdf/301 ​Page:1955 North Dakota Session Laws.pdf/302 ​Page:1955 North Dakota Session Laws.pdf/303 ​Page:1955 North Dakota Session Laws.pdf/304 ​Page:1955 North Dakota Session Laws.pdf/305 ​Page:1955 North Dakota Session Laws.pdf/306 ​Page:1955 North Dakota Session Laws.pdf/307 ​Page:1955 North Dakota Session Laws.pdf/308 ​Page:1955 North Dakota Session Laws.pdf/309 ​Page:1955 North Dakota Session Laws.pdf/310 ​Page:1955 North Dakota Session Laws.pdf/311 ​Page:1955 North Dakota Session Laws.pdf/312 ​Page:1955 North Dakota Session 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