The Bismarck Tribune Newspaper, March 31, 1937, Page 16

eee esos BeBAteeeR EA O32 s6QuoR" cece Ende eER a8 seehes geees gs j for treatment and any insane person in Hospital for the Insane ‘and support of the family of said in- Bane person, or when it is shown to be for the best interests of the estate, * and in either case only upon order of the proper court and with the con- Bent of the Board of County Commis- sloners of the proper county, and further provided that no personal property shall be sold under five from the date of sending such ine person to the State Hospital for the Insane, unless by order of the proper court, where such property is lable to deteriorate in value during the time above specified, and when sold as above the county court shall order the proceeds thereof to be safe- iy invested for the benefit of such ingane person, or be used for the sup- port and maintenance of the family, of such insane person. | Section 2, Repeal.) All Acts and Parts of Acts in conflict herewith are hereby repealed. Gection 3. Emergency.) This Act is hereby declared to be an emergency measure and shall take effect and be in full force from and after its pas- Bage and approval. pproved March 10, 1937. HOUSE BILL NO. 121 FOR THE USE OF TAX REPORTS OF PUBLIC UTILITIES BY THB BOARD OF RAILROAD COMMIS- SIONERS IN DETERMINING VALUATIONS FOR RATE-MAK- ING PURPOSES. An Act relating to public utilities, tax reports of public utilities; and duties of the Board of Railroad Commissioners; and declaring an emergency. Be It Enacted by the Legislative As- sembly of the State of North Da- kota: Paragraph 1. Upon request of the Board of Railroad Commissioners, a public utility shall furnish to the Board of Railroad Commissioners a verified copy of the public utility’s tax reports filed by the public utility with the State Tax Commissioner; such tax reports shall be admissible in evidence before the Board of Rail- road Commissioners in any matter! or proceeding, or in any action or proceeding in any of the courts of this State. Paragraph 2. Emergency.) This Act is declared to be an emergency measure and shall be in full force and effect from and after its passage and ‘approval, Approved Mareh 10, 1937, HOUSE BILL NO. 123 PUBLIC UTILITY RATE ADJUSTMENTS An Act relating to petions by patrohs ‘and users of services of public util- ity companies for reduction of pub- Ue utility rates, authorizing nego- tiations touching such rates, pro- viding for temporary reductions or increases in rates, and for refunds and reparations, and jurisdiction ' and duties of the Board of Reil-/mined and road Commissioners, and declar-|Sion is hereby directed ing an emergency, and repealing ~all Acts or parts of Acts in conflict herewith. Be It Enacted by the Legislative As- ~sembly of the State of North Da- kota: Section 1. The Board of Railroad Commissioners, upon its own motion or whenever twenty-five per cent of the public utility or corporation's patrons, customers or users within the incorporated limits of any city, temporary rates, so fixed, determined such customer, and collected by said shall finally have been fixed, period, sald bond and/or undertaking to be filed with said Board of Rail- road Commissioners within days after the service of said order upon said public utility; and service of sald order may be made by per- sonal service upon said utility or by registered mail, and if by regis- tered mall, service shall be deemed completed when such registered mai) is delivered to said public utility, as evidenced by the registry return re- ceipt for said registered mail. Section 3. If within thirty days after the service of the order, as set forth in Section 2 hereof, the said public utility fails and neglests and refuses to file such bond and/or un- dertaking with the said Board of Railroad Commissioners, then in that event the said Board of Railroad Commissioners shall immediately fix, determine and prescribe temporary rates to be charged by sald public utility pending the final determina- tion of said rate pioceeding, said and prescribed shall be sufficient to provide a return of not less than five percentum per annum upon the orig- hereafter to be adopted by the Board of Railrosd and in the conduct thereof, the technical rules of eviderice shall not be applied. Lal peered in any > ine ation, proceeding, or valuation her of ‘aking, testimony. ‘hall tn ner of fi in- validate any order, decision, rule, regulation or rate made, promulgated, or confirmed by said Board of Railroad Commissioners. (2) The Beard of Railroad Com- missioners shall have authority and 4s hereby invested with power to em- ploy any and all rate experts, gineers, auditors, accountants, at- the compensation therefore; provided, however, that the expense of such hearings, investigations, and proceed- ings, and the compensation and ectual expense of any such employees shall be paid by the utility being investi- costs and expenditures and after giv- inal cost less accrued depreciation of the physical property of said public utility used and useful in the public service, and if the duly verified re- ports of said utility to the commissi do not show the original cost, less ac- crued depreciation, of said property, the commission may estimate said cost less depreciation and fix, de- termine and prescribe rates as here- inbefore provided, and in determin- ing the original cost and/or in Geet mating the cost as herein provided the said commission may take into consideration any report or reports, annual or otherwise, filed with commission by any utility together with any other facts or information which the commission may acquire or receive from an investigation of the books, records or papers of said public utility and from an inspection of the property of said public utility, and/or examination of any report or reports, annual or otherwise, madi by the public utility involved in the proceedings, filed with the State Tax Commission, and/or any report or reports, annual or otherwise, made by the said public utility to either the Federal Power Commission, Fed- eral Communications Commission and/or Federal Securities ahd Ex- ation of the investigation, the rates fixed, determined and prescribed are less than the temporary rates fixed in Section 3 hereof, then the said public utility shall pey and/or remit to each of the several customers, pa- trons or users such sum ay aris tomer, patron or user the said utility for the said service over and above the 8B aE bg z E have paid during the the rates fixed, fect during porary rates were Section 5. sy manent Rates.) ed, determined and prescribed der this section shall be effect 1 the rates to be Gertie) uw 3 | a 3E z i : : z a gE i i 3 E 8 33 i i [ " . The end in any proceeding in which ary rates are fixed, determined prscribed under this section, to Gon- Peat serereadh ee psiedpbegll ce » dete! Te by be thereafter charged anti collected by said public utility company on termination of the rate pro- ceeding. Section 6. No petition or order for valuation and/or revaluation shall be filed or made more than once in ll BF village or town, shall petition the/évery three Board of Railroad Commissioners for ® valuation and/or revaluation of the property of such public utility company or corporation including years. Bection 7. No part of these amend- ments shall be construed as in any way affecting any now pending under provisions of ter Necessary audits for the purpose of |220 of the 1938 Session Laws and/or determining the rate or rates to be|Chapter 253 of the 1935 Session Laws, charged for the service rendered, said|but they shall apply as far as pos- Board of Railroad Commissioners |sible to said proceedings where it shall forthwith endeavor to arrive|can be done without invalidating pro- at a reasonable rate or rates, through |ceedings taken and had up to we negotiations with said utility com-|Present time, and the provisions pahy or corporation and in the event |Said Chapter 220 and Chapter 253 they are unable to agree upon the|Shall remain in force so far as it new rate or rates to be charged for shall be necessary to said service within thirty days after|Ceedings now pending. the filing of said petition, or within] Section 8 Emetgency.) This Act thirty days after the making of an/is hereby declared ta be an emergency order or resolution by the Board of|measure and shall be in full force Railroad Commissioners on its own|and effect from end after its passage motion, which new rate or rates shall/4nd approval. grant a new reduction of not less} Section 9. Repeal.) Except as here- than fifteen per cent from the rate |in otherwise provided all Acts or parts or rates in force at the time of the|0f Acts in conflict herewith are here- filing of said petition, and/or at the|by rei . . March 10, 1687. pealed. Approved HOUSE FILL NO. 1% UBLIC HBARINGS An Act relating to the juried! and powers of the Board of road Commissioners of the of North Dakota, relative to time of the making of the order or Tesolution by the Board of Railroad Commissioners on its own motion, it shall be the duty of the Board of Railroad Commissioners to proceed with a valuation and/or revalua- tion of the properties of the public utilities involved, in the manner as ™ay be now or hereafter provided by the Laws of the State of North Dakota, provided further that each Rerson, firm or corporation receiving service is to be considered a patron, customer or user within the purview Of this Act, regardiess of the number of meters owned, rented or used, by ‘uch person, firm or corporation, but @ firm shall be considered a sep- * Atate entity from the individual mem- bers thereof. - Section 2. That if no new rate or ~ rates shall have been agreed upon, as © provided in Section 1 hereof, then - pending the investigation and final Order of the Board of Railroad Com- ction Rail- State hear- ings and investigations in connec-| tion with public utilities; and re- lating to the payment of expenses of hearings, and investigations, Mediately make an order that the @aid utility shall file with said Board @f Railroad Commissioners, a cor- @uthorized te do such surety busi- ‘ess within the State of North Da- Kote, said bond to be conditioned, iegeenpih lies i pro-|® a 5 epee ie 5 5 mth <4 14 i : i iE BE EPs i i Ff | ing such public utility notice thereof ‘and opportunity to be heard thereon, and after hearing had to determine the amount of such costs and span ditures, if hearing is demanded by the utility, shall render a bil) therefor, and) make an order for payment thereof by registered mail or by personally handing to one of the managing of- floers of such public utility, either at the commencement of such valus- tion and/or revaluation, or from time to time during the progress thereof, or at the conclusion of stich valuation and/or revaluation, ss such board shall determine, Upon the bill so rendered and order fer payment therof ‘such public utility , within ten days after receipt thereof by such utility, as evidenced by re- turn register receipt or other proof, pay to such board the amount of said costs and expenses so billed. Provided, however, that the total amount which may be charged by the commission to lel any public utility, under authority of this Act, shall not exceed two per= centum of the final value placed upon said public utility property ysed and useful in the intrastate utility opera- tions, of such utility; provided, however, that the total amount which may be charged and assessed by the commission to any public utility, un- der the authority of this Act, final valoe plsced upon said. public final value upon utility property used and useful in the tulity, end padiivey further, how. utility, 5 5 . id , no for valuation and/or revaluation shall be filed or made, nor otder of the commission for, valuation and/or revaluation shelf if Hn z HE E HE Bee litt 3 afeke gs em 5 ! Bg t i | i [ z 5 i i of i : ie. £ é Bo E a 3 2 be j z E E aes gs i “i E i pease “fits gistsk Ai! a! 3 i 5 A j z E : 5, B g Ht E i z i bf iit | § g 4 i | B E : Z i i rT i H E & I Es i or private navigable or non-naviga- ble, surface and sub-surface, wa: ters, streams, lakes, ponds, water- courses, surface waters, run-off waters, and watersheds, located in or within the jurisdiction of the State of North Dakota and to ex- ercise ‘powers of contracting, of sale and of purchase, and of leas- with ;|tn any properties, rights, rights, easements or franchises acquired, (e) The word “project” shall mean works hereinabove water rights as it may determine, -|upon the adoption of such a resolu- tion, such water deemed to be a part of known as the “State Water Conserva- tion Commission.” The commission pollution of waters and providing duties of state agencies concerning ge it g ! 5 88 i EF E e i i a th holding The majority of the meml manufacturing purposes. (2) To define, declare and estab- (a) For the sale of waters and wa- ter rights to individuals, associations, ‘corporatiofis, and political subdivi- sions of the state, and for the delivery of water to users. (b) For the full and complete su- ition and control of (c) For ‘the complete supervision and control of Acts tending to pollute water courses, for the Leer ing. shall constitute ® quorum, and the] or affirmative or negative vote of four mem! shall be necessary to bind fede tii Ee] 38 | i e : i af g 5 : i i gf ag ; 2 E ; i 3 Bg Fe 5 HH 5° E HI iE fe : g it Hl 5 3 & E ; eben Penne j Hl ie ee ebEEE £4 | id i : g re bese F i ef E. i i F ga [ i i h i Fae g ih [ 3 E & s i g | i 8 | z é é tH i i s | H 2 i : il z Lf & Gs a ze | Bs Ei | | E f i i | \ | i Bee plicant submits, with his application, such fees as the -commission «shall establish for projects of different classes. ard upon further application by the applicant or applicants aforesaid, the commission shall enter into» con- m engineering, soil HF 8 ty z g i i BE dl 4 it i E $ ; E i i | i 3 E E i Pa 558 E H : i : i [ ] : ® 4 i Hl ne | Be uke gf ; ai ! : E a: & such preliminary survey | tl | i i ae Be 2° ge ln iH Hh E i Section 16. It is hereby declared that the commission trol over ae des i iH sit Re ial : i g i 3 hi H i 5 | A i E : [ ze | Sg i & i a if § t $3 E ## i i . ibe E il E E F Be i i Qi abe : i E é i ; i i se ee 2 § H Hi | a E Q bn i : é H Hi i 2 if 4 [ i 8 g i a 5 § E i i g i ; E i g i & i l i i i : i i | E i i u jit H ; # E £ i Ley i t i tay lit i | | I ! : ! i I | | Hl i ; iy i E i i Eas g 5 it | i uF Hs il aH E i i 3 i : E i g i é f