Request By:
Commissioner Carl E. Kays
Department of Fish & Wildlife Resources
Arnold L. Mitchell Building
#1 Game Farm Road
Frankfort, Kentucky 40601
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Joseph L. Famularo, Deputy Attorney General
You recently asked whether, pursuant to KRS 150.150(1) and 150.260, interest earned on the investment of excess cash in the form of federal monies received by the Department of Fish and Wildlife Resources is to be deposited to the credit of the Game and Fish Fund.
Your letter states that you receive monies from two federal programs: (1) Pittman-Robertson expenditures dealing with wildlife restoration and (2) Dingel-Johnson expenditures dealing with fish restoration. You expend monies on programs that qualify you for federal reimbursement pursuant to the Pittman-Robertson and Dingel-Johnson programs on a 75-25% basis.
This office previously advised in OAG 78-761 dated November 15, 1978, that KRS 150.150(1) requires that "interest on funds deposited on behalf of the Department of Fish and Wildlife Resources should be credited on a pro-rata basis to the Game and Fish Fund" and not to the general fund. (copy enclosed). In 1980, KRS 43.180(3), relating to the state investment commission, was amended and further clarified that "interest from investments of excess cash in the game and fish fund shall be credited to the game and fish fund." In 1982, KRS 43.180(3) was again amended by Senate Bill 243 and House Bill 146, but the above language was retained. However, as OAG 78-761 stated, KRS 150.150(1) being the specific statute controls over KRS 43.180(3).
Brown-Forman Distillers Corp. v. Mathews, 435 F.Supp. 5 (D.C., Ky. 1977).
Land v. Newsome, 614 S.W.2d, 948, 949 (Ky. 1981).
Heady v. Commonwealth, 597 S.W.613, 614 (Ky. 1980).
Now a question has arisen as to whether interest on federal funds is within the scope of OAG 78-761. In our opinion, the answer is yes. KRS 150.150(1), still in full force and effect, provides:
"(1) Except as provided in this chapter, all moneys derived from the sale of licenses or from any other source connected with the administration of this chapter shall be promptly paid over to the state treasurer, who shall deposit such moneys in a special fund, known as the game and fish fund. The game and fish fund shall be used to carry out the purposes of this chapter and any law or regulation for the protection of wild animals, birds or fish, and for no other purpose." (Emphasis added).
Also, KRS 150.260, relating to federal wildlife restoration projects and monies received pursuant thereto, states in pertinent part:
"No game and fish funds accruing to the department shall be diverted to any objective other than the purposes as outlined in this chapter and more particularly defined in KRS 150.150."
The intent of the Legislature through these specific statutes in KRS Chapter 150 is very clear. Therefore, interest earned on these funds deposited on behalf of the Department of Fish and Wildlife Resources should be credited to the Game and Fish Fund to be used to carry out the purposes of KRS Chapter 150 and for no other purpose.