Montana Attorney General Opinion 15-339

Opinion No. 339 Huihling & Loan Associations-Liqui- da,tion-Examinations-Banl. Examiner. HELD: Building' and Loan Assoc'ia- tions in process of liquidation must pay annual fee each year to state tl"Casurer for examination by state examiner's office. September 1G, 1933. You have submitted the following ([uestions: "Please advise if building' and loan associn tions in course of liquidation are required to pay a regular fee fur examination made hy this department. If so, shall the fee be paid direct. by the association in course of liquida- tion. to the State Treasurer. If not. shall such nssociation be required to pay a speCial examination fee to be credited to the 'State Examiner's Fund', where special examination has been made as indicated by Chapter 167, Session TJfiwS of 1929. "If a building and loan association has closed its doors prior to the first day of July of each year and there- after is in course of liquidation, would it be required to pay the regular fee !lue to be paid to the State Treasurer'!" Section 73, Chapter 89, Laws of H)27 as amended by Section 1 of Chapter 167, Laws of 1929 provides: "Building and Loan Associations. l!~or the cl'edit of said Fund, each building 230 OPINIOXS OF THE ATTOR~gy GEiIIERAL and loan association under the super- yision of the Superintendent of Banks. shall pay to the State Treasurer. on or before the first day of July of each ~'ear, a fee based upon the total assets of such association as shown h~' its last annual statement and upon the following rates: * * *." No exception is made in the statutp ill case a building and loan association is in process of liquidation. Apparently the need for regular examination still exists in order for the superintendent to determine the financial condition of any building and loan association. 'fherefore, in the absence of express ex- emption, I am of t.he opinion that build- ing and loan asso,,;ations in the course of liquidation are required to pay a regular fee for examination as pro· \'ided in the said section al)()\'e quot{'(l. It follows that the fee shall be paid direct Iby the association in course of liquidation to the State Treasurer. Section 2 of said Chapter 167 pro- yides for a special examination "when in the judgment of the State Examiner it shall be deemed necessary" and in such case the fee shall be collected bv the State Examiner and ex-officio Sup- erintendent of Banks and paid to the State Treasurer and by him placed in a special fund to be known as the "Special Examination Fund." Opinion No, 340 Stat.e Examiner-Examinations-State Officers ..... --8tate Boal'ds. HELD: The State Examiner is reo quired to examine without fee each year state officers and hoards han· dling state money, but he is not re- quired to examine hoards which do not handle public moneys. September 18, 1933. You have submitted the following: "Your opinion is respectfully requested as to whether the State Examiner should eXHmine the following Boards and Com- missions. If he is required to examine such, should any of them pay a fee for the examination? Architectural Board of Examiners, Abstractors Board of Ex- aminers, Beauty Culturists Board of Examiners, Chiropractic Board of Ex- aminers, Barbers Board of Examiner;;, Fish and Game Department, Osteopath- pathic Board of Examiners, Pharmacy Board, Optometry Board of Examiners. Industrial Accident Board, LiYestock Sanitary Board. Liyestock Commission. ~Iedical Board." Section 210. R. C. M. 1921. as amended by Chapter 78, La ws of 1923, Section 1. states the duties of It he State Examiner: "210. Duties of State Examiner. The duties of the State gxaminer and his assistants are: "1. To examine a t least once in each year the books and accounts of the state treasurer, state auditor, secre- tary of state, clerk of the supreme court, state game warden, register of sta te land office. and all other state officers haYing the collection or handl- ing of state money, county treasurers. count~' clerks, county assessors, dis- trict court clerks, county auditors. sheriffs. puhlic administrators. boards of county commissioners of each conn- ty, amI all other officers and boards whether temporary or permanent, how- eyer crea ted and for whateyer purpose. haying the control, management, eol- lection or disbursement of an~' pnhlic moneys of any character or descrip- tion." This section, by express provision. re- quires the examination of the office of Rtate Game ·Warden once each year. I am of the opinion that the Industrial Accident Board aIHl Lh'estock Commis- ;:ion also come within the pro\'isions of this section as all are offic.-es haYin~ the collection or hamlling of state mon- ey and depend upon appropriations by the le~islature. The statute does not require the pay- ment of a fee for such examinations 1I nrl hence none ~s required. None of the other boards aboye men- tioned, in my opinion, have the "con- trol, management, colLection or dis· Imrsement 01' any public moneys of an~' cha racter or description," and there- fore they do not come within the pro- \'isions of this statute. Ree my opini.on No. 8!l, this Yolume, concerning the Htate Board of Dental Examiners. as to what are public moneys.