Northern X-Ray Co., Inc. v. State by and Through Hanson

*739VANDE WALLE, Chief Justice,

concurring specially.

I concur in the result and much of the language of the majority opinion. I write separately to note that in applying section 1-01-09, NDCC, [statutory definition of word applies to same word used in subsequent statutes] we have found a “contrary intention plainly appears” when the intent of the Legislature in enacting a statute is clear. For example, in Ames v. Rose Tp. Bd. of Tp. Super’rs, 502 N.W.2d 845 (N.D.1993), we held that the definitions of “motor vehicle” and “vehicle” in section 39-01-01, NDCC, did not control the definition of the same words in section 24-10-02, NDCC. We observed that section 39-01-01, NDCC, by its own terms limited the definitions to Title 39 and that the legislative history of amendments to section 24-10-02, NDCC, did not support the application of the Title 39 definitions to section 24-10-02, NDCC. See also, e.g., State v. Pacheco, 506 N.W.2d 408, 410 (N.D.1993) [application of statute which begins with phrase “[f]or the purposes of this title,” is thereby limited to that title of the Code]; Thornton v. North Dakota State Highway Com’r, 399 N.W.2d 861 (N.D.1987)[definition of intoxicating liquor in Titles 5 and 19 does not control definition of that term as used in section 39-08-01, NDCC, because purposes of Titles 5 and 19 clearly different than intent of Legislature in enacting section 39-08-01]; Matter of Estates of Josephsons, 297 N.W.2d 444 (N.D.1980)[manner in which a statutory term is defined in one instance will not necessarily control the definition to be applied in a different situation].

Because the Legislature now ordinarily limits definitions to the particular act, customarily codified as a chapter of the code, thus evidencing an intent that the definition have no application beyond that act, we are left with the usual standards of statutory construction as applied by the majority opinion. To give effect to section 1-01-09, NDCC, it might be advisable to apply the holding in the Syllabus by the Court from an older decision, Grabow v. Bergeth, 59 N.D. 214, 229 N.W. 282, 283 (1930) “[w]here there is doubt as to the sense in which a given word is used in a statute, it is proper to refer to cognate or related legislation to determine the sense in which the word was employed in a particular statute.”

For example, in Thornton, supra, we concluded the word “intoxicating liquor” was used in different acts for different purposes. The various acts were not related even though using the same word. Here, as the majority notes, there is good reason to conclude that the term “contractor” in the taxation statute is related to the term as used and defined in the act requiring the contractors to be licensed. The other aids to statutory construction lead to a similar conclusion. Thus, although the definition of “contractor” in section 43-07-01(3), NDCC, is limited by that section to Chapter 43-07, NDCC, I agree that definition is consistent with references to contractor activities as used in section 57-40.2-14, NDCC, and is consistent with legislative intent.