North Dakota Attorney General Opinions

N.D.A.G. Letter to Wold (Sep. 28, 1988) September 28, 1988 Mr. James W. Wold Griggs County State's Attorney Griggs County Courthouse Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of September 13, 1988, concerning the proposed sale of land to the U.S. Fish and Wildlife Service. Your letter notes that the materials supplied by the Fish and Wildlife Service state that a tract of land proposed to be sold to the United States would be considered an addition to the National Wildlife Refuge System as authorized by Public Law No. 87-383. This reference is apparently caus

N.D.A.G. Letter to Wentz (Sep. 28, 1988) September 28, 1988 Representative Janet Wentz District 41 505 Eighth Avenue SE Minot ND 58701 Dear Representative Wentz: Thank you for your September 9, 1988, letter concerning whether under the North Dakota Century Code, a person arrested in a domestic dispute situation may be allowed to bond out immediately under a bond schedule like those set by courts for certain misdemeanor offenses or be held overnight or for a minimum hourly period. In your letter you also asked a second question related to bail. Based on conversations with my staff, it i

N.D.A.G. Letter to Gibbens (Sep. 19, 1988) September 19, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your letter dated September 8, 1988, in which you inquire of the obligation of a state's attorney to pursue citizen complaints concerning the transfer of sinking funds by a municipality. N.D.C.C. § 11-16-01 requires the state's attorney to provide legal advice, when required and without a fee, to county, district, township, and school district officers on matters relating to the duties of their respective of

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-22 Date issued: September 16, 1988 Requested by: Representative Jack Murphy Joseph Kubik, Dunn County State's Attorney Senator Dean Meyer Representative Ron Anderson - QUESTIONS PRESENTED - I. Whether the petition calling for the retention of Manning as the Dunn County seat or the petition calling for the removal of Manning and declaring one of three alternative sites as the new Dunn County seat complies with the requirements of N.D.C.C. ch. 11-04. II. Whether the ballot form for the Dunn County seat removal question, asking voters whethe

N.D.A.G. Letter to Slorby (Sep. 14, 1988) September 14, 1988 Mr. Tom P. Slorby Ward County State's Attorney Ward Courthouse Minot, ND 58701 RE: N.D.C.C. 27-20-50 Dear Mr. Slorby: Thank you for your letter dated August 18, 1988, in which you inquire as to the scope of N.D.C.C. § 27-20-50. You have asked whether a restraining order may be directed at a person who is not a party to a juvenile court proceeding pursuant to that section. N.D.C.C. § 27-20-50 provides: 27-20-50. Protective order.--On application of a party or on the court's own motion the court may make an order restraining

N.D.A.G. Letter to Sanstead (Sep. 14, 1988) September 14, 1988 Dr. Wayne G. Sanstead Superintendent of Public Instruction State Capitol Bismarck, ND 58505 RE: Your Letter Dated August 29, 1988 Dear Dr. Sanstead: Thank you for your letter dated August 29, 1988. You ask whether the waiver provision in N.D.C.C. § 15-41-26 compels you to adopt waiver procedures and criteria for the approval conditions contained in N.D.C.C. §§ 15-41-24 and 15-41-25. In reviewing the law on this subject, I observed that N.D.C.C. §§ 15-41-24 and 15-41-25 were amended in 1979 to delete the wor

N.D.A.G. Letter to Manly (Sep. 12, 1988) September 12, 1988 Mr. Robert E. Manly Eddy County State's Attorney P.O. Box 949 New Rockford, ND 58356 Dear Mr. Manly: Thank you for your letter of August 18, 1988, inquiring whether N.D.C.C. § 11-18-05(1) requires a fee of $8 or $5 to be paid for recording a document titled "Release of Mortgage and Assignment of Mortgage." Instruments releasing more than one instrument previously recorded in the county in which recording is requested require a recording fee of $5 for the first page and $2 for each additional page, plus $3 for each

N.D.A.G. Letter to Hanson (Sep. 12, 1988) September 12, 1988 Honorable Lyle Hanson Representative 337 15th Avenue NE Jamestown, ND 58401 Dear Representative Hanson: Thank you for your letter of August 10, 1988, in which you request my opinion concerning several questions raised by your constituent, Gary L. Pearson, D.V.M. Many of the questions raised are answered by rules the State Game and Fish Commissioner and the State Engineer recently adopted. Those rules will become effective on October 1, 1988. Other questions are addressed by specific statutes. I have

N.D.A.G. Letter to Wild (Sep. 6, 1988) September 6, 1988 Mr. Steven J. Wild Bowman County State's Attorney P.O. Box 260 Bowman, ND 58623 Dear Mr. Wild: Thank you for your letter of August 23, 1988, inquiring of the ability of a county to contribute to the maintenance of an existing city garbage disposal site without establishing a county-wide system. Your letter notes that the county is reluctant to establish and operate a county-wide disposal system as authorized by N.D.C.C. § 11-11-14(13). The county wishes to contribute towards an existing city disposal site and inquires as to their

STATE OF NORTH Dakota ATTORNEY GENERAL'S OPINION 88-21 Date issued: September 6, 1988 Requested by: Wayne P. Jones, Ransom County State's Attorney - QUESTION PRESENTED - Whether a United States Marshal's Deed, which appears to be the final step of a foreclosure action by the Small Business Administration in federal district court, can be recorded by the register of deeds without regard to the payment of past due real estate taxes. - ATTORNEY GENERAL'S OPINION - I

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-20 Date issued: August 29, 1988 Requested by: Tom Slorby, Ward County State's Attorney - QUESTION PRESENTED - Whether a city may enact an ordinance prohibiting the possession of a loaded firearm on public property, or, without the consent of the owner or person in charge of such property, on private property. - ATTORNEY GENERAL'S OPINION - It is my opinion, except in cases where possession of a firearm is aut

N.D.A.G. Letter to Kirshenheiter (Aug. 24, 1988) August 24, 1988 Mr. Frank Kirshenheiter Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Kirshenheiter: Thank you for your letter of August 8, 1988, concerning the Farm Credit Counseling Program. Your first question concerns the possible implementation of a user fee. You ask whether a user fee would jeopardize the availability of federal matching funds for the North Dakota Farm Credit Counseling program. The relevant federal statute discussing matching funds for state agricultural loan mediatio

N.D.A.G. Letter to Roach (Aug. 22, 1988) August 22, 1988 Mr. Robert Roach Seed Certification Specialist North Dakota State Seed Department State University Station Fargo, ND 58105 Dear Mr. Roach: Thank you for your letter to me dated July 26, 1988. In that letter you ask whether the state, by statute, may prohibit the sale in North Dakota of dry edible bean seed that does not pass the "Dome Test," a laboratory test which detects the presence and level of seed borne bacteria. You also ask whether such a restriction may be imposed on the sale of 1) certified seed only, 2) all edible bea

N.D.A.G. Letter to Wold (Aug. 15, 1988) August 15, 1988 Mr. James W. Wold Griggs County State's Attorney P.O. Box 541 Cooperstown, ND 58425 Dear Mr. Wold: Thank you for your letter of August 2, 1988, concerning the legality of proposed contract between Griggs County and a private landowner. According to your letter, a landowner in Griggs County is proposing to sell some 577 acres of land to the U.S. Fish and Wildlife Service for wildlife production purposes. Pursuant to N.D.C.C. § 20.1-02-18.1, the board of county commissioners for Griggs County now has the proposal before it for purpo

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-19 Date issued: August 15, 1988 Requested by: Pat S. Fricke, Executive Director North Dakota Housing Finance Agency - QUESTION PRESENTED - Whether a judgment against the state of North Dakota can be collected by execution against real property of the North Dakota Housing Finance Agency. - ATTORNEY GENERAL'S OPINION - It is my opinion that a judgment against the state of North Dakota cannot be collected by exec

N.D.A.G. Letter to Haskell (Aug. 10, 1988) August 10, 1988 Mr. Bruce B. Haskell Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, ND 58501 Dear Mr. Haskell: Thank you for your letter dated July 29, 1988, in which you have requested an opinion concerning under what circumstances a person may post road ditches against hunting. I have enclosed with this letter a copy of a letter sent to Dominic Volesky of the North Dakota Game and Fish Department addressing a similar question. Whether a specific landowner can legally place a no-hunting prohibition within a ditch of a roadw

N.D.A.G. Letter to Larson (Aug. 9, 1988) August 9, 1988 Mr. Bruce Larson Registrar Motor Vehicle Department Capitol Grounds Bismarck. ND 58505 Dear Mr. Larson: Thank you for your letter of June 27, 1988, concerning the proposed reciprocal agreement between the state of North Dakota and the Fort Totten Indian Reservation regarding the recognition of motor vehicle registrations issued by the reservation. Your letter poses four questions concerning the proposed reciprocal agreement. Three of the four questions concern the ability of the Motor Vehicle Department, or some other department,

N.D.A.G. Letter to Gibbens (Aug. 8, 1988) August 8, 1988 Ms. Lisa Beckstrom Gibbens Towner County State's Attorney P.O. Box 601 Cando, ND 58324 Dear Ms. Gibbens: Thank you for your July 14, 1988, letter concerning N.D.C.C. § 29-26-22. Specifically, you ask whether when a court suspends part, but not all, of a criminal fine and taxes a court administration fee against the defendant, N.D.C.C. § 29-26-22 requires that 25% of the court administration fee collected be added to the common schools trust fund. N.D.C.C. 29-26-22 provides: 29-26-22. Judgment for fines, costs, and court adminis

N.D.A.G. Letter to Klein (Aug. 2, 1988) August 2, 1988 Mr. Jeffrey G. Klein Steele County State's Attorney P.O. Box 235 Finley, ND 58230 Dear Mr. Klein: Thank you for your letter of July 18, 1988, concerning a township in Steele County and arrangements for fire protection of the township. The three questions posed in your letter concern N.D.C.C. § 18-06-10 which states as follows: 18-06-10. Township may contract for prevention and extinguishment of fires. The electors of each township at the annual township meeting may authorize and empower the board of township supervisors to levy,

N.D.A.G. Letter to Hoffner (Aug. 2, 1988) August 2, 1988 Mr. S. F. Hoffner Executive Director North Dakota Centennial Commission 2204 East Broadway Avenue Bismarck, ND 58501 Dear Mr. Hoffner: Thank you for your letter of June 8, 1988, which we received on July 11, 1988. You request an opinion regarding the authority of the North Dakota State Highway Department to expend its funds so as to provide for the acquisition and installation of various traffic control devices to be located throughout Bismarck-Mandan and the State Capitol Grounds, and to provide bus

N.D.A.G. Letter to Witham (Aug. 1, 1988) August 1, 1988 Mr. Lyle Witham McHenry County State's Attorney P.O. Box 390 Towner, ND 58788 Dear Mr. Witham: Thank you for your letter of July 22, 1988, concerning attempts to cause a special election to be had concerning excess levies in McHenry County. With your letter, you enclosed your analysis of the law on this issue as well as a copy of your opinion. I appreciate receiving these additional materials which help our research efforts. North Dakota law provides that the governing body of any county, by two-thirds vote of all the members of

N.D.A.G. Letter to Nething (Aug. 1, 1988) August 1, 1988 Hon. David E. Nething State Senator P.O. Box 1059 Jamestown, ND 58402-1059 Dear Senator Nething: Thank you for your letter of July 15, 1988, inquiring of the availability of the Good Samaritan Act to those persons who may render first aid during an upcoming softball tournament in Jamestown. North Dakota law, as found at N.D.C.C. § 32-03.1-02, states that persons who render aid or assistance to other persons who have been injured or who are ill as a result of an accident or illness may not be named as a defendant and held liable i

N.D.A.G. Letter to Marion (Aug. 1, 1988) August 1, 1988 Mr. James L. Marion Director Department of Parole and Probation P.O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter dated June 14, 1988. In that letter you asked four questions. I will deal with each of those questions in turn. First, you have inquired as to whether a person who receives a deferred imposition of sentence is considered a convicted felon for the purposes of N.D.C.C. § 62.1-02-01. For purposes of that section, a "conviction" is defined as a "determination by the jury or court that a per

N.D.A.G. Letter to Leingang (Aug. 1, 1988) August 1, 1988 Mr. Robert J. Leingang Chief Secretary-Inspector North Dakota State Plumbing Board 204 West Thayer Avenue Bismarck, ND 58505 Dear Mr. Leingang: Thank you for your July 12, 1988, letter requesting an opinion regarding the Plumbing Board and the central vehicle system. N.D.C.C. § 24-02-03.3 directed the Highway Commissioner to establish a central vehicle system to regulate the operation, maintenance, and management of all motor vehicles owned or leased by the state. The statute further states that "[e]very state agency, instituti

N.D.A.G. Letter to Patrie (July 25, 1988) July 25, 1988 Mr. William S. Patrie Director North Dakota Economic Development Commission Liberty Building Bismarck, ND 58505 Dear Mr. Patrie: Thank you for your letter of March 21, 1988, inquiring whether there is a prohibition against the manufacture of electronic coin operated gaming devices in North Dakota. I am sorry it has taken so long to respond to you. The statute concerning coin operated gaming devices is N.D.C.C. § 12.1-28-02, which states, in relevant parts, as follows: 12.1-28-02. Gambling -- Related o

N.D.A.G. Letter to Slorby (July 21, 1988) July 21, 1988 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58701 Dear Mr. Slorby: Thank you for your letter of July 12, 1988, describing a lawsuit which has been brought against the Ward County Board of County Commissioners and your involvement in defending that lawsuit. According to your letter, the North Dakota Insurance Reserve Fund, as the Ward County's insurance carrier, has requested that you defend the action brought against the county because of your expertise in the lawsuit's subject (farm to market r

N.D.A.G. Letter to Person (July 15, 1988) July 15, 1988 Mr. Alan Person Executive Director North Dakota Employees Retirement System 1930 Burnt Boat Drive Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of June 9, 1988, in which you request my opinion on whether or not the Public Employees Retirement Board may establish a supplemental short-term disability plan and a long-term care plan for public employees at the employees' expense. You indicate that the plans would be developed by PERS, bids would be solicited from appropriate firms, and the plans would be acti

N.D.A.G. Letter to Person (July 14, 1988) July 14, 1988 Mr. Alan Person Executive Director North Dakota Public Employees Retirement System P.O. Box 1214 Bismarck, ND 58502 Dear Mr. Person: Thank you for your letter of May 20, 1988, in which you ask whether the employee and employer contributions made on behalf of a member are calculated on the employee's gross salary prior to any deductions made for an Internal Revenue Code § 125 Cafeteria Plan. This specific issue has arisen because the State Board of Higher Education has implemented a cafeteria plan for its employees. Under NDPERS,

N.D.A.G. Letter to Lamb (July 11, 1988) July 11, 1988 Mr. Joseph S. Lamb President Bank of North Dakota 700 East Main P.O. Box 5509 Bismarck, ND 58502-5509 Dear Mr. Lamb: Thank you for your letter of February 4, 1988, in which you request my opinion as to whether the State Treasurer may invest the Veterans' Postwar Trust Fund in certificates of deposit issued by North Dakota savings and loan associations and commercial banks. I apologize for the delay in responding. N.D.C.C. § 37-14-14 states as follows: 37-14-14. Veterans' postwar trust fund. The veterans' postwar trust fund shall

N.D.A.G. Letter to Hanson (July 6, 1988) July 6, 1988 Hon. Robert E. Hanson State Treasurer Office of State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your letter of May 25, 1988, in which you ask whether the State Treasurer may distribute the oil and gas gross production tax to the producing counties and the state's general fund on a basis more frequent than quarterly. In your letter, you indicate that the State Treasurer is currently depositing the state's portion of the oil and gas gross production tax in the state's general fund on a monthly basis. Th

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-18 Date issued: July 6, 1988 Requested by: Jeanne McLean, Bottineau County State's Attorney - QUESTIONS PRESENTED - I. Whether every document affecting title to real property filed with a register of deeds must contain, for purposes of indexing, a property description. II. Whether documents in the grantor and grantee indexes must also appear in the tract index. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that

STATE OF NORTH DAKOTA ATTORNEY GENERAL'S OPINION 88-17 Date issued: June 16, 1988 Requested by: Senator Dan Wogsland - QUESTIONS PRESENTED - I. Whether the procedure followed in the enactment of Senate Bill 2035 was constitutionally infirm or improper. II. Whether Senate Bill 2035 embraces more than one subject. III. Whether the amendments to Senate Bill 2035 changed its general subject matter. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that the procedures foll

N.D.A.G. Letter to Vander Vorst (June 14, 1988) June 14, 1988 Hon. Wilbur Vander Vorst State Representative Box 46 Hague, ND 58542 Dear Representative Vander Vorst: Thank you for your letter of May 14, 1988, in which you inquire whether the 2% tax on diesel fuel used for agricultural purposes may be rededicated by the Legislature from the state highway fund to a conservation fund. I apologize for the delay in responding to you. N.D. Const. art. X, S 11 provides, in part, as follows: Section 11. Revenue from gasoline and other motor fuel excise and license taxation . . . shall be app

N.D.A.G. Letter to McBeth (June 14, 1988) June 14, 1988 Mr. Ronald W. McBeth Richland County Assistant State's Attorney 413 Third Avenue North Wahpeton, ND 58075 Dear Mr. McBeth: Thank you for your letter of March 3, 1988. I apologize for the delay in responding to you. The questions presented in your letter discuss coroners, law enforcement officers, removal of dead bodies, and the statutes found at N.D.C.C. ch. 11-19.1. After a review of the statutory authority affecting your questions, I will answer each question as it was referenced in your letter. N.D.C.C. § 1

N.D.A.G. Letter to Furuseth (June 14, 1988) June 14, 1988 Mr. Peter Furuseth Williams County State's Attorney P.O. Box 1246 Williston. ND 58802-1246 Dear Mr. Furuseth: Thank you for your letter of March 2, 1988, wherein you inquire as to whom should receive notice of the expiration of the period of redemption for real estate sold to the county for taxes. N.D.C.C. § 57-28-04. In addition, you wish to know whether a severed mineral interest owned by the surface owner would also pass to the county if the land is sold to the county for taxes. In response to your first question, N.D.C.C.

N.D.A.G. Letter to Ficek (June 14, 1988) June 14, 1988 Mr. Vince H. Ficek City Attorney P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Ficek: Thank you for your May 25, 1988, letter concerning the application of N.D.C.C. § 29-26-22.1 to municipal court judgments. As I understand the facts in your letter, the city of Dickinson prosecuted a certain defendant in municipal court for violations of Dickinson's municipal ordinances. That individual was convicted and assessed fines and costs totaling $1,480. The city would now like to use N.D.C.C. § 29-26-22.1 to dock

N.D.A.G. Letter to Bonner (June 14, 1988) June 14, 1988 Ms. Margy Bonner City Attorney P.O. Box 1306 Williston, ND 58802-1306 Dear Ms. Bonner: Thank you for your letter of June 3, 1988. Your letter discusses recent action taken by the Williston City Commissioners with respect to a city official. The final result of that commission action is that the individual who had acted as city administrator/city auditor no longer continued in that joint position. N.D.C.C. § 40-15-07 states that any person appointed to any office in a commission city form of government as well as any employee of su

N.D.A.G. Letter to Koppang (June 7, 1988) June 7, 1988 Mr. Alton N. Koppang Director of Finance Department of Public Instruction State Capitol Bismarck, ND 58505 Dear Mr. Koppang: Thank you for your letter of February 8, 1988, in which you request an opinion concerning the authority of the Board of Education of the city of Fargo (the Board) to issue general obligation bonds pursuant to N.D.C.C. ch. 21-03. I apologize for the delay in responding to your letter. You request an opinion whether the Board may follow N.D.C.C. § 21-03-08(7) without having its building fund tax, levied purs

N.D.A.G. Letter to Hanson (June 6, 1988) June 6, 1988 Hon. Robert E. Hanson State Treasurer Office of State Treasurer State Capitol Bismarck, ND 58505 Dear Mr. Hanson: Thank you for your May 13, 1988, letter concerning certain court administration fees recently paid to the state by the Stutsman County Auditor's Office. The 1987 Legislature amended N.D.C.C. § 29-26-22 to permit courts to assess a court administration fee in lieu of court costs. N.D.C.C. § 29-26-22 provides: 29-26-22. Judgment for fines, costs, and court administration fee -- Statement to be filed by court -- Docketing

N.D.A.G. Letter to Hanson (June 2, 1988) June 2, 1988 Honorable Robert E. Hanson State Treasurer State Capitol Bismarck, ND 58505 Dear Bob: I am writing you to follow up on my letter of March 1, 1988, concerning the ability of a deputy to act on behalf of a principal on various boards and commissions. In my letter of March 1, 1988, I indicated to you that the deputy treasurer was authorized to represent you on various boards and commissions, other than the Land Board, of which you are a member. Recently, the North Dakota Supreme Court decision in Vallelly and Brockhoff v. Park Commi

N.D.A.G. Letter to Fraase (June 2, 1988) June 2, 1988 Mr. Paul H. Fraase Acting City Attorney P.O. Box 5503 Bismarck, ND 58502 Dear Paul: Thank you for your letter dated May 2, 1988, concerning the plan which the city of Bismarck has adopted to provide for the financing of improvements to its civic center and public library. Judge William Hodny of the South Central Judicial District has issued a decision in which he has held that the plan constitutes a legal method for financing these improvements. However, you have indicated that the plaintiffs in that action are planning to appeal fr

N.D.A.G. Letter to Stastney (May 31, 1988) May 31, 1988 Mr. Ron Stastney Assistant Superintendent Department of Public Instruction State Capitol Bismarck, ND 58501 Dear Mr. Stastney: Thank you for your letter dated May 11, 1988. You have inquired as to recent demands for the interviewing of students, presumably juveniles, without notification of the parent or guardian and without an opportunity for the parent or guardian to be present. You have requested my opinion regarding the right of a police officer to demand an interview of student without parental notification or the presence o

N.D.A.G. Letter to Hoffner (May 23, 1988) May 23, 1988 Mr. S.F. Hoffner Executive Director North Dakota Centennial Commission 2204 East Broadway Bismarck, ND 58501 Dear Mr. Hoffner: Thank you for your letter of March 31, 1988, in which you request my opinion on whether the North Dakota Centennial Commission has the legal authority to award Centennial Legacies grant moneys to various state agencies and the Greater North Dakota Association (GNDA). A related question is whether the state agencies have the legal authority to accept and expend the grant moneys. In p

N.D.A.G. Letter to Engelman (May 19, 1988) May 19, 1988 Mr. Jerald L. Engelman Vinje & Engelman, P.C. P.O. Box 547 Mayville, ND 58257-0547 Dear Mr. Engelman: Thank you for your letter of May 3, 1988, wherein you refer to my March 18, 1988, letter to you concerning the question of whether the Larry Dormier residence in Mayville qualifies for the farm residence exemption under N.D.C.C. § 57-02-08(15). Specifically, you have now informed me that Mr. Dormier not only farms land in Traill County but that he "farms the majority of his land . . . in Steele County, North Dakota." Based upon

N.D.A.G. Letter to Redlin (May 18, 1988) May 18, 1988 Hon. Rolland W. Redlin State Senator District 40-50 1005 21st Street N.W. Minot. ND 58701 Dear Senator Redlin: Thank you for your letter of May 9, 1988, in which you request my opinion on two questions concerning the State Fair Association of North Dakota and the public bidding provisions of North Dakota law. Your first question is whether the State Fair Association of North Dakota is subject to the public bidding provisions for construction projects under North Dakota law regardless of whether or not state appropriated funds are us

N.D.A.G. Letter to Maxson (May 16, 1988) May 16, 1988 Senator R. James Maxson District 41 600 - 22nd Avenue NW Minot, ND 58701 Dear Senator Maxson: Thank you for your letter of April 25, 1988, inquiring as to whether the word "dealer" as found in N.D.C.C. § 39-12-04(1)(b) includes a wholesale dealer. N.D.C.C. § 39-12-04(1)(b) states, in part, as follows: 39-12-04. Width, height, and length limitations on vehicles -- Exceptions. Vehicles operated on a highway in this state may not exceed the following width, height, or length limitations: 1. A total outside width,

N.D.A.G. Letter to Lamb (May 16, 1988) May 16, 1988 Mr. Joe Lamb Bank of North Dakota P.O. Box 5509 Bismarck, ND 58502 Dear Mr. Lamb: I am responding to the questions raised in a February 23, 1988, letter from Al Wahl to me regarding the Bank of North Dakota's indemnification policy for members of the Bank's Advisory Board. Attached to the letter is a February 16, 1988, memorandum from Mr. Wahl to members of the Bank's Advisory Board in which the following questions are raised: 1. Whether the Bank of North Dakota may lawfully indemnify members of the Industrial Commission, the Bank A