DUTIES OF STATE BOARD OP EXAMINERS.

An Act to Prescribe the Duties of the State Board of Examiners.

Be it enacted by the Legislative Assembly of the State of Montana:

SECTION I. The Governor, Secretary of State and Attorney General shall constitute a Board of Examiners, with power to examine all claims against the State, except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law. No claim against the State, except salaries and compensation of officers fixed by law, shall be passed upon by the Legislative Assembly without first having been considered and acted upon by said Board.

SEC. 2. The meetings of the said Board shall be held at the seat of government on the third Monday in each month, and such other times as the chairman may call it together; and the Governor shall be the chairman and the Secretary of State the secretary of said Board, and in the absence of either an officer pro tempore may be elected from their number.

SEC. 3. The Board shall keep a record of all its proceedings, and any member may cause his dissent to the action of the majority upon any matter to be entered upon such record. All claims shall be filed with the secretary of the Board before the same shall be acted upon.

SEC. 4. The Board may, in writing, establish rules and regulations not inconsistent with law for its government.

State Board of examiners.

Meetings.

Officers.

Record of proceedings.

Rules.

Claims against State.

Approval of.

SEC. 5. The chairman may issue subpoenas and compel the attendance of witnesses, under penalties prescribed by law, before the Board or any member thereof; and any member of the Board may take depositions to be used before it, and whenever the testimony of any witness against a demand pending before it is material, the Chairman shall cause the attendance of the witness before the Board, or a member thereof, to testify concerning the demand, and the Board may make a reasonable allowance therefor, not exceeding the fees of witnesses in civil cases, which shall be paid out of the appropriation for the contingent expenses of the Board, but in no instance can an allowance be made in favor of a witness who appeared in behalf of the claimant.

SEC. 6. Any person having a claim against the State for which an appropriation has been made, may present the same to the Board in the form of an account or petition, and the secretary of the Board shall date, number and file such claim, and the Board shall allow, postpone or reject the same in the order of its presentation. The Board may for cause postpone action upon a claim for not exceeding one month.

SEC. 7. If the Board approve such claim they shall endorse thereon, over their signatures, “Approved for the sum of dollars," and transmit the same to the office of the State Auditor, and the Auditor shall draw his warrant for the amount so approved in favor of the claimant or his to issue warrant assigns in the order in which the same was approved.

State Auditor

Disapproval of

claim.

SEC. 8. If the Board disapprove such claim, it shall cause to be filed with the records of the Board a statement showing such disapproval and the reasons therefor.

When no

SEC. 9. If no appropriation has been made for the payment of any claim presented to the Board, the settlement of which is provided for by law, or if any appropriation made has been exhausted, the propriation. Board shall audit the same, and if approved the chairman of the Board shall transmit the same to the Legislative Assembly with a statement of the Board's approval.

SEC. 10. Any person having a claim against the State, the settlement of which is not otherwise provided for by law, shall present the same to the Board of Examiners at least two months before the meeting of the Legislative Assembly, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions; Provided, That claims existing or accruing during the session of the present Legislative Assembly may be presented at any time and be acted upon forthwith.

SEC. II. On the first Monday of November preceding the meeting of each Legislative Assembly, the Board shall hold a session at the State Capitol for the purpose of examining the class of claims referred to in the preceding section, and may adjourn from time to time until the work is completed. Prior thereto they shall cause a list and brief abstract of all claims filed with them to be made and published in some newspaper at the seat of government for such time as they may prescribe. The list shall be accompanied by a general notice of the order in which, and of the time when, the board will proceed to examine the claims.

SEC. 12. The board shall at the time designated proceed to examine and adjust all such claims. They may hear evidence in support of or against them, and report to the Legislative Assembly such facts and recommendations concerning them as they

ap

Claims not provided for.

Notice of amination claims.

ex

of

Hearing dence.

Report Legislature.

may think proper. In making their recommendaevi- tions they may state and use any official or personal knowledge which any member of the Board may have touching such claim.

to

Member interested in claim.

Rehearing claim.

Appeal Legislature.

SEC. 13. The Board shall make up their report and recommendations at least thirty days before the meeting of the Legislative Assembly. A brief abstract of their report, showing the claims rejected and allowed and the amounts thereof, shall be published in a newspaper published at the seat of government for such time as the Board may prescribe before the meeting of the Legislative Assembly.

SEC. 14. No member of the Board shall act upon any claim in which he is interested, or for expenditures incurred in his office, nor shall he be present when the decision thereon is made.

SEC. 15. The Board shall not entertain for the of second time a demand against the State once rejected by it or the Legislative Assembly, unless such facts are presented to the Board, as in suits between individuals would furnish sufficient ground for granting a new trial.

to

shall not draw warrant.

SEC. 16. Any person interested who is aggrieved by the disapproval of a claim by the Board may appeal from the decision to the Legislative Assembly of the State, by filing with the Board a notice thereof, and upon the receipt of such notice the chairman of the Board shall transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the Legislative Assembly.

SEC. 17. The State Auditor shall not draw his When Anditor Warrant for any claim unless it has been approved by the Board or the Legislative Assembly on appeal from the Board, except for salaries or compensation of officers fixed by law.

When

State

not pay warrant.

SEC. 18. Whenever the Board has reason to believe that the State Auditor has drawn or is about to draw his warrant without authority of law, or for a larger amount than the State actually owes, the Board shall notify the State Treasurer not to Treasurer must pay the warrant so drawn or to be drawn, and thereupon the Treasurer is prohibited from paying the warrant whether already drawn or not, until, he is otherwise directed by the Legislative Assembly. SEC. 19. As often as it may deem proper the Board shall examine the books of the State Auditor and Treasurer, the accounts and vouchers in their offices, and count the money in the treasury; and for that purpose it may demand, and the State Au- Auditor ditor and State Treasurer shall furnish without delay all information touching the books, papers, vouchers, or matters pertaining to their offices.

Board to examine books of

Treasurer.

moneys.

and

SEC. 20. The Board shall, at least once in three months, make and file in the office of the Secretary Report of State of State, and publish in some newspaper at the seat of government a statement showing the amount of money in the State Treasury.

SEC. 21. The State Auditor and Treasurer shall permit the Board of Examiners to examine the books and papers in their respective offices; and the Treasurer shall permit the moneys in the treasury without delay on any pretense whatever, to be counted whenever the Board may wish to make an examination or counting.

SEC. 22. This act shall take effect and be in force from and after its approval.

Auditor

Treasurer

and

to

submit to exami

nations.

When act takes effect.

APPROVED February 12, 1891.