AGO 80-019.

• Case Date: August 07, 1980
• Court: North Dakota

North Dakota Attorney General Opinions 1980. AGO 80-019. August 7, 1980 (OPINION) OPINION 80-19Honorable Robert B. MellandState Senator P. O. Box 112 Jamestown, North Dakota 58401 Dear Senator Melland: This is in response to your letter of July 7, 1980, regarding the capital construction fund created by the 1979 Legislature. You state the following:

The capital construction fund created by the Forty-sixth Session of the North Dakota Legislative Assembly through Senate Bill 2487 has now been funded to the full extent of the request of the director of the Department of Accounts and Purchases.

The following reflects my understanding of the details and actions concerning available funds and approved transfers to this time:

Adjusted general fund cash balance

less outstanding financial obligations

as of June 30, 1979 $151,014,660.64

Cash balance required on June 30,

1979, by S.B. No. 2487, at a minimum,

before any money can be transferred

to the capital construction fund $148,600,000.00

The amount transferred to the capital

construction fund per budget section

approval on September 27, 1979 $ 2,414,660.64

General fund cash balance as of

June 30, 1980 $157,000,281.16

Cash balance required by S.B. No. 2487

at the close of business on June 30,

1980, before additional money can be

transferred to the capital construction

fund $110,550,000.00

Funds in excess of statutory requirement

of S. B. No. 2487 $ 46,450,281.16

Amount requested by the director of the

Department of Accounts and Purchases and

approved for transfer to the capital

construction fund by the budget section

on July 2, 1980 $ 7,730,000.00

Total approved transfers to the capital

construction fund:

September 27, 1979 $ 2,414,660.64

July 2, 1980 $ 7,730,000.00

Total transferred $ 10,144,660.64

Total appropriations of state dollars

provided in the capital construction

fund created by S.B. No. 2487 $ 730,000.00

Total transferred $ 10,144,660.64

Shortfall in the capital construction

fund $ 585,339.36

I am aware of a transfer of funds, approved by the emergency commission on January 21, 1980, from the main experiment station fund to a special NDSU music building fund of an amount of $585,339.36. The amount of the transfer matches the shortfall in the capital construction fund.

It appears to me that section 2, the appropriations section of Senate Bill 2487, clearly provides that the only source of state funds to be used for the six facilities authorized in the bill is from the capital construction fund. There has been no transfer to

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