AGO 80-061.

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

North Dakota Attorney General Opinions 1980. AGO 80-061. February 7, 1980 (OPINION) OPINION 80-61Mr. Larry L. KruckenbergCommissioner North Dakota Game and Fish Department2121 Lovett Avenue Bismarck, North Dakota 58505 Dear Mr. Kruckenberg: This is in reply to your letter of January 7, 1980. You state the following facts and question:

The 1979 session of the N.D. Legislature passed an initiated measure relating to the investment of Game and Fish funds and retention of the interest on those investments by the Game and Fish Department. The passage of this initiated measure puts our Department in a unique position among state agencies. It brings about a question regarding the latitude that our Department has in the investment of these funds.

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I respectfully request your formal opinion regarding what legal limitations the N.D. Game and Fish Department is bound by involving the latitude of investments that can be made with the moneys on deposit for the N.D. Game and Fish Department in the Bank of North Dakota.

The initiated measure referred to in your letter was approved by the voters on November 7, 1978, and is codified at section 20.1-02-16.1 of the North Dakota Century Code.

20.1-02-16.1. USE OF GAME AND FISH FUND. All income of the state game and fish department, deposited by the commissioner with the state treasurer shall be credited to the state game and fish fund and said fund shall be used only by the department. All money derived from the investment of said fund or portions thereof shall be credited to said fund.

The manner in which your question was stated in your letter suggests that the Game and Fish Commissioner may have some authority regarding the investment of those public moneys mentioned in section 20.1-02-16.1. However, in reviewing the powers and duties of the Game and Fish Commissioner, as set forth in sections 20.1-02-04, 20.1-02-05, and 20.1-02-15 of the North Dakota Century Code, we are unable to find any authority vested with the Commissioner to invest state funds. Furthermore, we do not believe that the Initiated Measure, by its own terms, established such authority with the Commissioner. Section 20.1-02-16.1 requires that the income of the State Game and Fish Department be forwarded to the state treasurer. This requirement is in accordance with Section 186 of the Constitution of North Dakota...