North Dakota Attorney General Opinions

N.D.A.G. Letter to Enget (Jan. 28, 1986) January 28, 1986 Mr. Wade G. Enget Mountrail County State's Attorney Mountrail County Courthouse P.O. Box 369 Stanley, ND 58784 Dear Mr. Enget: Thank you for your letter of January 21, 1986, concerning the scope of N.D.C.C § 23-27-04.1 as to liability for volunteer ambulance associations. Enclosed you will find copies of letters written on this particular subject over the last few years. In both letters, the general thrust of this particular statute is restated. Simply put, the statute attempts to grant a qualified for

N.D.A.G. Letter to McLean (Jan. 27, 1986) January 27, 1986 Mr. Stephen M. McLean, Ltd. City Attorney City of Oakes Oakes, ND 58474 Dear Mr. McLean: Thank you for your letter of January 9, 1986, inquiring as to whether a police ticket book is subject to the open records law of this state. The 1979 Attorney General's opinion discussed in your letter continues to be the standard by which the determination is made whether a law enforcement record is subject to public disclosure pursuant to the open records law of this state. This opinion sought to balance the public policy regarding the pu

N.D.A.G. Letter to Kessel (Jan. 27, 1986) January 27, 1986 Mr. Theodore Kessel, Jr. City Attorney of LaMoure 19 1st Avenue S.E. P.O. Box 216 LaMoure, ND 58458-0216 RE: Request for Attorney General's opinion concerning surplus mill levy funds in airport authority accounts Dear Mr. Kessel: Thank you for your letter dated November 21, 1985, in which you requested an Attorney General's opinion on two questions regarding surplus moneys in the sinking fund of an airport authority. You stated as follows: In 1970 the LaMoure Airport Authority purchased land and constructed an airport near L

N.D.A.G. Letter to Jones (Jan. 27, 1986) January 27, 1986 Honorable Kent Jones Commissioner of Agriculture Chairman, Seed Commission Department of Agriculture State Capitol Bismarck, ND 58505 Dear Mr. Jones: Thank you for your letter of January 10, 1986, concerning the use and misuse of the State Seed Department's seal and its certified seed tag. N.D.C.C. Ch. 4-09 (State Seed Department) contains a number of statutes which specifically relate to the questions you ask. N.D.C.C. § 4-09-04 requires that the official seal of the seed department shall be used exclusi

N.D.A.G. Letter to Hengar (Jan. 27, 1986) January 27, 1986 Mr. Dale L. Henegar Commissioner North Dakota Game & Fish Department 100 North Bismarck Expressway Bismarck, ND 58501-5095 Dear Commissioner Henegar: Thank you for your letter of January 10, 1986, concerning a proposal to issue a special hunting license to landowners in place of the free license to which they are now entitled by statute. As I understand your proposal, individuals owning land within an area open for the hunting of deer may be given a license to hunt not only on the land owned or leased, but in the entire unit wh

N.D.A.G. Letter to Wheelihan (Jan. 24, 1986) January 24, 1986 Mr. David M. Wheelihan Ellendale City Attorney 59 First Avenue South P.O. Box 39 Ellendale, ND 58436 Dear Mr. Wheelihan: Thank you for your letter of January 8, 1986, inquiring as to whether a municipality which has granted itself a franchise for the operation of a cable television system may finance the construction of that system by the use of revenue bonds. North Dakota law, as found at N.D.C.C. § 40-35-20, allows the use of revenue bonds for a municipal undertaking which are used in connection with some seven specific p

N.D.A.G. Letter to Lamb (Jan. 24, 1986) January 24, 1986 Mr. Joseph S. Lamb Executive Vice President Bank of North Dakota 700 East Main P. O. Box 5509 Bismarck, North Dakota 58502-5509 Dear Mr. Lamb: Thank you for your letter of December 17, 1985, concerning the recordability of a sheriff's deed issued to the Bank of North Dakota on a Board of University and School Lands loan pool mortgage foreclosure. I understand from your letter that a sheriff's deed has been issued on land on which there are delinquent taxes due and the register of deeds has refused to record this sheriff's deed p

N.D.A.G. Letter to Bonner (Jan. 24, 1986) January 24, 1986 Ms. Margy Bonner Williston City Attorney P.O. Box 1306 Williston, ND 58802 Dear Ms. Bonner: Thank you for your letter of January 9, 1986, concerning the ability of a city to enforce its own building code without compliance with the State Building Code as found in N.D.C.C. Ch. 54-21.3. A portion of the State Building Code, N.D.C.C. § 54-21.3-05, provides a city with the authority to enforce the State Building Code if it so desires. There is no requirement that the State Building Code be enforced by a city. Furthermore, N.D.C.C.

N.D.A.G. Letter to Zink (Jan. 21, 1986) January 21, 1986 Mr. LaVerne L. Zink Executive Secretary North Dakota State Board of Registration for Professional Engineers and Land Surveyors P. O. Box 1357 Bismarck, ND 58502 Dear Mr. Zink: Thank you for your letter of November 18, 1985, regarding registration of engineers by examination or endorsement of registration from another state. Your letter indicates that the basis for your request involves an applicant from another state who is seeking registration in North Dakota. My understanding of your statement of the facts is as follows: An

N.D.A.G. Letter to Hope (Jan. 21, 1986) January 21, 1986 Mr. James Hope Assistant Stark County State's Attorney P. O. Box 130 Dickinson, North Dakota 58601 Dear Mr. Hope: Thank you for your letter of November 15, 1985, concerning interest on judgments. N.D.C.C. §28-20-34 states: 28-20-34. INTEREST RATE ON JUDGMENTS. Interest shall be payable on judgments recovered in the courts of this state at the same rate as is provided in the original instrument upon which the action resulting in the judgment is based, which rate shall not exceed the maximum rate provided in section 47-14-09

N.D.A.G. Letter to Swanson (Jan. 20, 1986) January 20, 1986 Mr. Howard W. Swanson Assistant City Attorney P.O. Box 1950 Grand Forks, ND 58206 Dear Mr. Swanson: Thank you for your letter of January 6, 1986, posing two questions concerning special meetings of the city council and reconsideration of earlier action by the council. As to your first question concerning special city council meetings, North Dakota law, as found in N.D.C.C. § 40-08-10 provides, in part, as follows: The city council shall hold its regular meetings at least once a month on or before the fifteenth day of the mont

N.D.A.G. Letter to Schnell (Jan. 20, 1986) January 20, 1986 Mr. Richard L. Schnell Morton County State's Attorney P. O. Box 190 Mandan, North Dakota 58554 Dear Mr. Schnell: Thank you for your letter of January 3, 1986, concerning indigent defense contracts awarded by Morton County. Although your letter does concern the subject of indigent defense contracts, the questions you have posed involve a delicate balancing of the responsibilities of two branches of government; namely, the executive and judicial branches. At issue are the responsibilities and interactions between

Date Issued: January 20, 1986 (AGO 86-2) Requested by: Robert Priebe, Chairman Divide County Water Resource District - QUESTIONS PRESENTED - I. Whether a water resource board may accumulate funds for future projects. II. Whether there are any limitations placed upon funds accumulated by a water resource board. III. Whether the board of county commissioners may transfer funds from the water resource district's account to the county general fund. - ATTORNEY GENERAL'S OPINION -

N.D.A.G. Letter to Thane (Jan. 17, 1986) January 17, 1986 Honorable Russell T. Thane State Senator Route 1, Box 142 Wahpeton, North Dakota 58075 Dear Senator Thane: Thank you for your letter of December 24, 1985, concerning the application of North Dakota's secured transactions law to loans made by the Commodity Credit Corporation (CCC) to various cooperatives for processed sugar. Specifically, your request concerns the central notice filing provisions found in N.D.C.C. Ch. 41-09, particularly §41-09-28 ( see 1985 N.D. Sess. Laws 472). Based on the information you have supplied and t

N.D.A.G. Letter to Eckroth (Jan. 17, 1986) January 17, 1986 Honorable Anthony G. Eckroth Representative 1701 Second Street N.E. Mandan, ND 58554 Honorable Walter A. Meyer Senator 700 Old Red Trail Mandan, ND 58554 Dear Representative Eckroth and Senator Meyer: Thank you for your recent letter regarding the referral of a county job development authority. The referral of a county job development authority is governed by N.D.C.C. § 11-11.1-01 which provides in part: 11-11.1-01. JOB DEVELOPMENT AUTHORITY - BOARD OF DIRECTORS' MEMBERS QUALIFICATIONS. The board of county com

N.D.A.G. Letter to Hoy (Jan. 13, 1986) January 13, 1986 Mr. Robert G. Hoy Cass County State's Attorney Cass County Courthouse P.0. Box 2806 Fargo, ND 58108 Dear Mr. Hoy: Thank you for your letter of November 13, 1985, on the issue of whether N.D.C.C. § 23-06-03 permits the county to provide and pay for cremation of indigent decedents in lieu of burial. N.D.C.C. §23-06-03 provides, in part: 23-06-03. DUTY OF BURIAL. The duty of burying the body of a deceased person devolves upon the following persons: * * * * 4. If the deceased is survived by no person described

N.D.A.G. Letter to Fox (Jan. 10, 1986) January 10, 1986 Mr. John J. Fox Assistant State's Attorney Burleigh County Courthouse 514 East Thayer Bismarck, ND 58501 Dear Mr. Fox: Thank you for your letter of October 3, 1985, in which you ask whether sheriffs' inquiries of financial institutions to determine whether judgment debtors have bank accounts, and the corresponding account numbers, for the purpose of facilitating the levying process on behalf of judgment creditors are subject to the restrictions of N.D.C.C. Ch. 6-08.1. N.D.C.C. Ch. 6-08.1 was enacted by the legislative assembly wi

N.D.A.G. Letter to Eiken (Jan. 10, 1986) January 10, 1986 Mr. Doug Eiken Director North Dakota Parks and Recreation Department Pinehurst Office Park 1424 West Century Avenue Suite 202 Bismarck, ND 58501 Dear Mr. Eiken: Thank you for your letter of October 30, 1985, concerning the legality of state park annual entrance fee increases prior to July 1, 1985. I apologize for the delay in responding. Prior to July 1, 1985, N.D.C.C. 55-08-06 allowed state parks to charge a fee of $5 for an annual motor vehicle entrance permit. The 1985 Legislative Assembly amended 55-08-06 to allow state p

N.D.A.G. Letter to Sperry (Jan. 9, 1986) January 9, 1986 Mr. James E. Sperry Superintendent State Historical Society North Dakota Heritage Center Bismarck, North Dakota 58505 Dear Mr. Sperry: Thank you for your letter of November 25, 1985, regarding the legal obligations of the State Historical Board concerning a deed which it received from Stutsman County con- veying the 1883 Stutsman County Courthouse to the State Historical Board. The State Historical Society, acting through the State Historical Board, placed the 1883 Stutsman County Courthouse on the State Historic Sites Registry

Date Issued: January 8, 1986 (AGO 86-1) Requested by: Philip D. Papineau, Williams County Assistant State's Attorney - QUESTIONS PRESENTED - I. Whether a violation of N.D.C.C. section 39-21-45.1, modification of a motor vehicle, constitutes an infraction under N.D.C.C. section 12.1-32-01. II. Whether a violator of N.D.C.C. section 39-21-45.1, who is unable to post bond, may be jailed until disposition of the offense. - ATTORNEY GENERAL'S OPINION - I. It is my opinion that a

N.D.A.G. Letter to Tollefson (Jan. 3, 1986) January 3, 1986 Mr. Douglas Tollefson Director Noxious Weed Division North Dakota Department of Agriculture State Capitol Bismarck, ND 58505 RE: Leafy Spurge Control Appropriation Dear Mr. Tollefson: Thank you for your letter of December 17, 1985, concerning the use of leafy spurge control appropriation funds for research. N.D.C.C. Ch. 63-01.1, North Dakota's noxious weed law, contains certain sections relating to the leafy spurge control program. The powers and duties of the commissioner of agriculture in regard to this chapter are set fo

N.D.A.G. Letter to Paulson (Jan. 2, 1986) January 2, 1986 Mr. Gerald S. Paulson Assistant City Attorney City of Emerado Emerado, ND 58228 Dear Mr. Paulson: Thank you for your letter of December 10, 1985, requesting an attorney general's opinion on several facts involving an advertisement for bids for snow removal issued by the City of Emerado. Your questions concern several events which occurred in the bidding process and the rescheduling of meetings of the city council. According to your letter, the subject matter of the contract in question the removal of snow. It is assumed that this

N.D.A.G. Letter to Engmann (Jan. 2, 1986) January 2, 1986 Mr. Scott Engmann Executive Secretary North Dakota Teachers' Fund for Retirement 1929 North Washington Bismarck, ND 58505 Dear Mr. Engmann: Thank you for your letter of November 14, 1985, in which you requested legal advice concerning four questions: 1. Whether past statutory provisions requiring members of the Teachers' Insurance and Retirement Fund to claim refunds of assessments within 18 months from the date teaching ceased precludes all members who failed to do so from claiming under present legislation which does not ha

N.D.A.G. Letter to Wold (Dec. 31, 1985) December 31, 1985 Mr. James W. Wold Griggs County State's Attorney P. O. Box 541 Cooperstown, North Dakota 58425 Dear Mr. Wold: Thank you for your letter of December 12, 1985, requesting an opinion as to several questions. Your first question is whether an alderman who was elected from one ward but has now moved to a different ward may continue in office for the term for which he was elected for the original ward. This question was previously asked and answered by this office in 1977. We are enclosing a copy of a letter written on February 18, 19

N.D.A.G. Letter to Hagerty (Dec. 24, 1985) December 24, 1985 Ms. Gail Hagerty Burleigh County State's Attorney 514 East Thayer Avenue Bismarck, North Dakota 58501 Dear Ms. Hagerty: Thank you for your letter of December 11, 1985, concerning the statutory requirement for the publication of proceedings of the board of county commissioners. Apparently, the Burleigh County commissioners wish an opinion from this office as to whether the report of the proceedings of a board of county commissioners must include roll call votes and individual vouchers. According to your information, such inform

N.D.A.G. Letter to Lundberg (Dec. 20, 1985) December 20, 1985 Ms. Jane M. Lundberg Commissioner Department of Banking and Financial Institutions State Capitol Bismarck, ND 58505 Dear Ms. Lundberg: Thank you for your letter of October 31, 1985, to which you attached a draft copy of a letter which had been prepared by this office in reply to Marilyn Foss' letter of March 20, 1985. I apologize for the delay in finalizing this letter. In that letter, Ms. Foss asked whether the existence of an enforceable judgment against a state chartered bank which has not been executed upon by the plai

N.D.A.G. Letter to Woods (Dec. 17, 1985) December 17, 1985 Mr. William E. Woods, Jr. Parshall City Attorney P.O. Box 7 Parshall, ND 58770 Dear Mr. Woods: Thank you for your letter of September 10, 1985, wherein you inquired about the taxable status of a certain land description located within the city of Parshall and which is the subject of an application for abatement from taxation that has been filed pursuant to the provisions of N.D.C.C. Ch. 57-23. I apologize for the delay in responding to you. While action on this matter is to be taken by the Board of County Commissioners, the cit

Office of the Attorney General State of North Dakota Opinion No. 85-45 Date Issued: December 9, 1985 Requested by: Keith Reisenauer Assistant Cass County State's Attorney --QUESTIONS PRESENTED-- I. Whether a board of township supervisors has the duty to remove trees from the right-of-way of a township road. II. Whether a board of township supervisors has the primary duty to mow grasses and weeds within the right-of-way of a section line road. --ATTORNEY GENERAL'S OPINION-- I. It is my opinion that a board of township supervisors h

Office of the Attorney General State of North Dakota Opinion No. 85-44 Date Issued: December 3, 1985 Requested by: James L. Marion Chief Parole Officer --QUESTION PRESENTED-- Whether a pardon acts to remove the punishment resulting from a criminal conviction, but does not act to remove the fact of guilt and other circumstances surrounding the commission of the crime. --ATTORNEY GENERAL'S OPINION-- It is my opinion that a pardon acts to remove the punishment resulting from a criminal conviction, but does not a

N.D.A.G. Letter to Vosper (Dec. 2, 1985) December 2, 1985 Honorable F. Kent Vosper State Senate District 11 P. O. Box G Neche, ND 58265 Dear Senator Vosper: Thank you for your letter of November 4, 1985, concerning the liability of directors of the county fair association. I assume your reference to county fair association is a reference to those fair associations organized pursuant to N.D.C.C. § 4-02-26. With this assumption in mind, county fair associations are considered governmental agencies. Hadler v. Northwest Agriculture Livestock and Fair Assn. , 239 N.W. 7

N.D.A.G. Letter to Thompson (Dec. 2, 1985) December 2, 1985 Mr. Maury C. Thompson Sioux County State's Attorney Sioux County Courthouse Fort Yates, ND 58538 Dear Mr. Thompson: Thank you for your letter of November 15, 1985, concerning two members of a school board who are employees of that school district. In Tarpo v. Bowman Public School District No. 1, 232 N.W.2d 67 (N.D. 1975), our North Dakota Supreme Court adopted the common law rule as to incompatible offices. The Court concluded that two offices or positions are incompatible where one office has the power of appointment to the o

N.D.A.G. Letter to Solberg (Dec. 2, 1985) December 2, 1985 Mr. Wayne O. Solberg Fargo City Attorney P.O. Box 1897 Fargo, ND 58107-1897 Dear Mr. Solberg: Thank you for your letter of November 13, 1985, as to whether Martin Luther King Day is a state holiday pursuant to N.D.C.C. 1-03-01(11). N.D.C.C. 1-03-01(11) provides as follows: 1-03-01. HOLIDAYS. Holidays are as follows: * * * Every day appointed by the President of the United States or by the governor of this state for a public holiday. The President of the United States does have the authority to declare a public holiday. 5 U.

N.D.A.G. Letter to Keogh (Dec. 2, 1985) December 2, 1985 Honorable Robert A. Keogh Municipal Court Judge Dickinson Municipal Court P.O. Box 1037 122 2nd Ave. W. Dickinson, ND 58601 Dear Judge Keogh: Thank you for your letter of November 15, 1985. You have inquired as to whether or not the State of North Dakota must pay the costs incurred for the attendance of the state toxicologist at a trial pursuant to N.D.C.C. § 39-20-07(9). This question has been presented to us at an earlier date concerning an interpretation of the statutory provision preceding the current N.D.C.C. §39-20-07(9).

N.D.A.G. Letter to Slorby (Nov. 29, 1985) November 29, 1985 Mr. Tom P. Slorby Ward County State's Attorney Ward County Courthouse Minot, ND 58702-5005 Dear Mr. Slorby: Thank you for your letter of November 7, 1985, questioning the validity of a claim made against Ward County by the county superintendent of schools. Apparently, this claim is for meals provided to attendees of a workshop on school bus matters. The question has occurred whether this claim is a valid one and should be allowed by the board of county commissioners. North Dakota law does require all expenditures of monies by

N.D.A.G. Letter to Mehrer (Nov. 29, 1985) November 29, 1985 Mr. Owen K. Mehrer Stark County State's Attorney Stark County Courthouse P.O. Box 130 Dickinson, ND 58601 Dear Mr. Mehrer: Thank you for your letter of November 13, 1985, concerning the procedure to be followed by a sheriff in the sale of property following an execution where said property is subject to a prior lien. According to your letter, the practice apparently has been for the sheriff to pay off the prior lienors using proceeds collected from the sheriff's sale. If there is money left over following payment to the lienor

N.D.A.G. Letter to Hasti (Nov. 29, 1985) November 29, 1985 Mr. Barry Hasti State Supervisor of Assessments North Dakota Tax Department State Capitol -- Eighth Floor Bismarck, ND 58505 Dear Mr. Hasti: Thank you for your letter concerning the application for a new business tax exemption that is before the State Board of Equalization in behalf of An-Dee Drilling, Inc. of Minot, North Dakota. You have informed me that since 1981, An-Dee has operated its business in Minot in a leased facility. The company intends to build a 60' x 150' steel building in Minot. When the building is completed

N.D.A.G. Letter to Marion (Nov. 25, 1985) November 25, 1985 Mr. James Marion North Dakota Department of Parole and Probation P. O. Box 5521 Bismarck, ND 58502-5521 Dear Mr. Marion: Thank you for your letter of October 30, 1985, regarding the determination of prison sentences pursuant to the mandatory sentencing provisions of N.D.C.C. § 12.1-32-02.1, and good conduct sentence reduction provisions of N.D.C.C. § 12-54.1-01. The determination of a prisoner's "good time" based upon the total confinement portion of his sentence appears to conform to the language and intent of N.D.C.C. §12-5

N.D.A.G. Letter to Herauf (Nov. 25, 1985) November 25, 1985 Mr. William A. Herauf Attorney at Law Killdeer City Attorney 41 1st Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Herauf: Thank you for your letter dated October 15, 1985, in which you requested an Attorney General's opinion regarding the publication requirements of N.D.C.C. § 40-11-06 and §40-11-09 as to penalty clauses of municipal ordinances. Essentially, your inquiry concerns the applicability of the publication requirements of N.D.C.C. §40-11-09 where a revision of city ordinances has occ

N.D.A.G. Letter to Herauf (Nov. 25, 1985) November 25, 1985 Mr. William A. Herauf Attorney at Law Killdeer City Attorney 41 1st Avenue West P.O. Box 866 Dickinson, ND 58601-0866 Dear Mr. Herauf: Thank you for your letter dated October 15, 1985, in which you requested an Attorney General's opinion regarding the publication requirements of N.D.C.C. § 40-11-06 and §40-11-09 as to penalty clauses of municipal ordinances. Essentially, your inquiry concerns the applicability of the publication requirements of N.D.C.C. §40-11-09 where a revision of city ordinances has occ

N.D.A.G. Letter to Wolf (Nov. 15, 1985) November 15, 1985 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 November 1, 1985, questioning the county's obligation to pay the legal fees of an elected official who engages private legal counsel in his defense against removal proceedings brought pursuant to N.D.C.C. Ch. 44-11. A similar question occurred earlier this year. Enclosed you will find a copy of the letter we sent to the Morton County state's attorney concerning the obligation of the county, through the

N.D.A.G. Letter to Alexander (Nov. 14, 1985) November 14, 1985 Mr. Robert E. Alexander Beulah City Attorney Hagen, Quast & Alexander P.O. Box 249 Beulah, ND 58523 Dear Mr. Alexander: Thank you for your letter of October 2, 1985, as to whether a particular document concerning possible criminal activity may be subject to public disclosure pursuant to North Dakota's open records law. According to your letter, your question involves the eligibility for public disclosure of a statement by a victim of alleged criminal activity where the state's attorney has reviewed the incident and declined

N.D.A.G. Letter to Toma c (Nov. 12, 1985) November 12, 1985 Chairman Credit Review Board State Capitol Bismarck, ND 58505 Dear Mr. Tomac: Thank you for your letter of September 27, 1985, in which you request an opinion in regard to the divestiture of foreclosed farmland. I apologize for the delay in responding. I am assuming your request is really in two parts. First, you ask for the length of time a corporate lender whose acquisition of farmland would otherwise violate N.D.C.C. Ch. 10-06 has to divest that farmland pursuant to N.D.C.C. Ch. 10-06. Second, you ask whether or not corpo

N.D.A.G. Letter to Shockman (Nov. 12, 1985) November 12, 1985 Honorable Kelly Shockman State Representative Route 3, Box 80 LaMoure, North Dakota 58458 Dear Representative Shockman: I am responding to your letter received back in May of 1985 concerning three statutes of the North Dakota Century Code. I offer my apologies for the long and unreasonable delay in responding to you on this matter. I was not even aware that your letter had been received until today. When I heard about the letter (and delay), this response was immediately drafted. Your letter essentially asks questions concer

N.D.A.G. Letter to Marion (Nov. 12, 1985) November 12, 1985 Mr. James L. Marion Chief Parole Officer North Dakota Department of Parole and Probation P. O. Box 5521 Bismarck, North Dakota 58502-5521 RE: N.D.C.C. §§ 12.1-32-02(1)(c)(1) and 12.1-32-02(2), (9) Dear Mr. Marion: Thank you for your letter of October 25, 1985. You have requested an interpretation of N.D.C.C. §§ 12.132-02(1)(c)(1) and 12.1-32-02(2) and (9), as to whether or not actual commitment of a sentenced defendant must occur prior to the reduction of a felony offense to a misdemeanor, and whether or

N.D.A.G. Letter to Elhard (Nov. 12, 1985) November 12, 1985 Mr. Terry Elhard McIntosh County State's Attorney Ashley, ND 58413 Dear Mr. Elhard: Thank you for your letter of October 25, 1985, requesting an opinion on circumstances involving a dispute between McIntosh board of county commissioners and the McIntosh county sheriff as to the vehicle apparently supplied to the sheriff for official business. From a reading of your letter, it appears that the sheriff uses a patrol car owned by the county to travel to and from work each day. The commissioners desire to charge the sheriff for such

N.D.A.G. Letter to Kinsey (Nov. 5, 1985) November 5, 1985 Mr. Robert W. Kinsey Divide County State's Attorney 110 North Main Street Crosby, ND 58730 Dear Bob: Thank you for your letter of September 24, 1985, regarding the mill levy limitation for a county library board. Your letter stated that in 1946 the voters of Divide County authorized a mill levy for a county library board. Since that voter authorization, the legislature has increased the mill levy limitation for a county library board from two to four mills. You wish to know whether the county may now levy a maximum of four mills

N.D.A.G. Letter to Ingstad (Nov. 5, 1985) November 5, 1985 Honorable Jack W. Ingstad State Senator District 17 & 18 2501 DeMers Avenue P.O. Box 5068 Grand Forks, ND 58206-5068 Dear Senator Ingstad: Thank you for your letter of October 11, 1985, submitting to this office five questions for clarification. The five questions you have posed deal with special assessments as part of an agreement between the city and the highway department or the county for street, sewer, or water main improvements. Before responding to your specific questions, I believe it would be helpful to review North