7-6-2323. Effect of exceeding budget appropriations -- personal liability. (1) Expenditures made, liabilities incurred, or warrants issued in excess of a department's total budget appropriation, as originally determined or as later revised by transfer as provided in this part, are not a liability of the county, but the official authorizing or incurring the expenditure is liable for it personally and upon his official bond.
     (2) (a) The board of county commissioners may not approve any claim and the county clerk and recorder may not issue a warrant for any expenditure in excess of a department's total budget appropriation, as finally adopted or as revised under the provisions of this part, except upon an order of a court of competent jurisdiction or for an emergency as provided in this part. A department official approving any claim in excess of a budget appropriation, except as provided in this section, shall forfeit to the county the amount of the claim.
     (b) The amount forfeited under subsection (2)(a) must be recovered in an action against the responsible official and the surety on his official bond. It is the duty of the county attorney of the county to bring an action for recovery in the name of the county.

     History: En. Sec. 5, Ch. 148, L. 1929; re-en. Sec. 4613.5, R.C.M. 1935; R.C.M. 1947, 16-1906(part); amd. Sec. 1, Ch. 230, L. 1987; amd. Sec. 1, Ch. 194, L. 1991.