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§ 433. Duties of controller. General duties of. It is the duty of the controller:

1. To superintend the fiscal concerns of the state;

2. To report to the governor, before the fifteenth day of December next preceding each regular session of the legislature, a statement of the funds of the state, its revenues, and of the public expenditures during the two preceding fiscal years, together with a detailed estimate of the expenditures to be defrayed from the treasury for the two ensuing fiscal years, specifying therein each object of expenditure, and distinguishing between such as are provided for by permanent or temporary appropriations and such as must be provided for by a new statute, and suggesting the means from which such expenditures are to be defrayed;

3. To accompany his biennial report with tabular statements, showing: 1. The amount of each appropriation for the two preceding fiscal years, the amounts expended, and the balance, if any; 2. The amounts of revenue chargeable to each county for such years, the amount paid, and the amount unpaid or due therefrom;

4. When requested, to give information in writing to either house of the legislature relating to the fiscal affairs of the state or the duties of his office;

5. To suggest plans for the improvement and management of the public revenues;

6. To keep and state all accounts in which the state is interested;

7. To keep an account of all warrants drawn upon the treasurer, and a separate account under the head of each specific appropriation, showing at all times the unexpended balance of such appropriation;

8. To keep an account between the state and the treasurer, and therein charge the treasurer with the balance in the treasury when he came into office, and with all moneys received by him, and credit him with all warrants drawn on and paid by him;

9. To keep a register of warrants showing the fund upon which they are drawn, the number, in whose favor, for what service, the appropriation applicable to the payment thereof, and when the liability accrued. Before delivering a warrant to the payee named therein, he shall, whenever requested to do so by the state treasurer, permit the state treasurer to indorse upon or attach to such warrant an order designating the place where such warrant may be paid. Such warrants may be made payable at the option of the treasurer, either at his office, or at some bank in which moneys of the state are deposited. Whenever any party is entitled to the payment of a sum greater than twenty thousand dollars, the controller shall, whenever requested to do so by the state treasurer, issue to such party several warrants aggre. gating the amount due him in the amounts designated by the treasurer. l'pon delivering a warrant to the party entitled thereto, the controller shall take and preserve a receipt therefor; but, when requested to deliver a warrant by mail by the person entitled thereto, he may deliver such warrant to the board of examiners, taking the receipt, therefor, of the secretary of the board of examiners or of some one authorized by him to receipt for the same. The board of examiners must, without delay, enter the same on the books of its office and mail the same to the proper person;

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10. To audit all claims against the state in cases where there are suficient provisions of law for the payment thereof;

11. To examine and settle the accounts of all persons indebted to the state, and to certify the amount to the treasurer, and upon presentation and filing of the treasurer's receipt therefor to give such person a discharge and charge the treasurer therewith;

12. In his discretion to require any person presenting an account for settlement to be sworn before him, and to answer orally or in writing, as to any facts relating to it;

13. To require all persons who have received any moneys belonging to the state and have not accounted therefor to settle their accounts;

14. In his discretion to inspect the books of any person charged with the receipt, safekeeping, or disbursement of public moneys;

15. In his discretion, to require all persons who have received moneys or securities, or have had the disposition or management of any property of the state of which an account is kept in his office to render statements thereof to him; and all such persons must render such statement at such times and in such form as he may require;

16. To direet and superintend the collection of all moneys due the state, and institute suits in its name for all official delinquencies in relation to the assessment, collection, and payment of the revenue, and against persons who by any means have become possessed of public money or property and fail to pay over or deliver the same, and against all debtors of the state; of which suits the courts of Sacramento county have jurisdiction, without regard to the residence of the defendants;

17. To draw warrants on the treasurer for the payment of moneys directed by law to be paid out of the treasury; but no warrant must be drawn unless authorized by law, and upon an unexhausted specific appropriation provided by law to meet the same. Every warrant must be drawn upon the fund out of which it is payable, and specify the serviee for which it is drawn, when the liability accrued, and the speeifie appropriation applicable to the payment thereof;

18. To furnish the state treasurer with a list of warrants drawn upon the treasury;

19. To authenticate with his official seal all drafts and warrants drawn by him, and all copies of papers issued from his office;

20. To perform the duties of a member of the state board of equaliza-
tion, and such other duties as are prescribed by law. [Amendment
approved 1911; Stats. 1911, p. 353.]

Controller impeachable: Const., art. IV, § 18.
Election of: Ante, $ 348; Const., art. V, § 17.

State board of equalization, ex officio member of: Const., art. XIII, 19.

Canvasser of returns of election on revision of constitution: Const.,
art. XVIII, $ 2.
Supervision of, by board of control: Post, $ 672.
Punishment for willful omission of duty: Pen. Code, $ 176.
Lost warrants, act relating to payment of: See General Laws, tit.
"Lost Warrants.”

Subd. 11. Certificate: Post, § 434.
Subd. 17. Warrants, authority to draw: Post, $ 672.

Legislation & 433. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VI.” 2. Amended by Stats. 1911, p. 353.

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§ 434. Certificate of settlement. The certificate mentioned in subdivi. sion eleven of section four hundred and thirty-three must show by whom the payment is to be made, the amount thereof, and the funds into which it is to be paid, and must be numbered in order, beginning with number one at the commencement of each fiscal year.

Legislation § 434. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VI."

§ 435. Separate account of school fund to be kept by controller. The controller must keep a separate account of the school fund, and of the interest and income thereof, together with such moneys as may be raised by special tax or otherwise for school purposes. He must, on the first Monday in January and on the first Monday in July in each year, report to the superintendent of public instruction a statement of the securities belonging to the school fund, of the moneys in the treasury subject to apportionment, and the several sources from which they accrued. He must draw his warrant on the state treasurer in favor of any county treasurer, whenever such county treasurer presents, with his indorsement, an order drawn by the superintendent of public instruction in favor of such county; and the warrant so drawn is not subject to the provisions of article eighteen of this chapter. [Amendment approved 1891; Stats. 1891, p. 471.]

Apportionment of state school fund: Post, $ 1532, subd. 4.

Legislation § 435. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VI.” 2. Amended by Stats. 1891, p. 471.

§ 436. Order in which warrants must be drawn. All warrants for claims which have been audited by the board of examiners and filed in his office must be drawn in the order of the numbers placed upon them by that board.

Board of examiners has been succeeded by the board of control: Post, 88 654-685.

Legislation § 436. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VI."

§ 437. Proceedings against defaulters. Whenever any person has received moneys, or has money or other personal property which belongs to the state by escheat or otherwise, or has been intrusted with the collection, management, or disbursement of any moneys, bonds, or interest accruing therefrom, belonging to or held in trust by the state, and fails . to render an account thereof to and make settlement with the controller within the time prescribed by law, or when no particular time is speci. fied, fails to render such account and make settlement, or who fails to pay into the state treasury any moneys belonging to the state upon being required so to do by the controller, within twenty days after such requisition, the controller must state an account with such person, charging twenty-five per cent damages, and interest at the rate of ten per cent per annum from [the] time of the failure; a copy of which account in any suit therein is prima facie evidence of the things therein stated; but in case the controller cannot for want of information state an ac. count, he may in any action brought by him aver that fact, and allege generally the amount of money or other property which is due to or

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which belongs to the state. [Amendment approved 1874; Code Amdts. 1573-74, p. 7.]

Escheatment: See ante, 41.

Legislation $ 437. 1. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article VI.” 2. Amended by Code Amdts. 1873–74, p. 7.

$ 438. Salary of controller. The annual salary of the controller, to inelude all services rendered ex officio as member of any board or commission as now required, or which may be by law hereafter devolved upon him, is five thousand dollars. [Amendment approved 1909; Stats. 1909, p. 782.]

Legislation § 438. 1. Enacted March 12, 1872. See ante, tit. "Code commissioners' note to Article VI.” 2. Amended by Code Amdts. 1877–78, p. 4. 3. By Code Amdts. 1880, p. 86. 4. By Stats. 1909, p. 782.

$ 139. Employees of controller. The controller may appoint one deputy controller, one bookkeeper, one inheritance tax deputy, one expert, one statistician, one warrant registrar, and four clerks, who shall be eivil executive officers; and one stenographer. [Amendment approved 1911; Stats. 1911, p. 933.]

Legislation § 439. 1. Enaeted March 12, 1872. See ante, tit. “Code commissioners' note to Article VI.” 2. Amended by Code Amdts. 1877–78, p. 4. 3. By Stats. 1905, p. 785. 4. By Stats. 1907, p. 190. 5. By Stats. 1909, p. 515. 6. By Stats. 1911, p. 933. See infra, Legis. lation 441.

§ 140. Salaries. The annual salary of the deputy controller is three thousand dollars; of the bookkeeper, twenty-four hundred dollars; of the inheritance tax deputy, twenty-four hundred dollars; of the expert, two thousand dollars; of the statistician, two thousand dollars; of the war. rant registrar, two thousand dollars; of one clerk, eighteen hundred dollars; of each of three clerks, sixteen hundred dollars; of the stenog. rapher, twelve hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers. (Amendment approved 1911; Stats. 1911, p. 933.]

Legislation $ 440. 1. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article VI.” 2. Amended by Code Amilts. 1877–78, p. 4. 3. By Code Amdts. 1880, p. 86. 4. By Stats. 1905, p. 785. 5. By Stats. 1907, p. 190. 6. By Stats. 1909, p. 515. 7. By Stats. 1911, p. 933. See infra, Legislation § 441. $ 441. Porter. The controller may appoint a porter for his office at an annual salary of seven hundred and twenty dollars, payable in the same manner and at the same time as the salaries of state officers. [Amend. nebt approved 1905; Stats. 1905, p. 785.]

Legislation & 441. 1. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article VI.” 2. Amended by Code Amdts. 1877-78, p. 4. 3. By Code Amdts. 1880, p. 87. 4. By Stats. 1905, p. 785. The act of 1905 amending $$ 439, 410, and 441 had a repealing section, reading, “Sec. 4. All laws and parts of laws and all sections of either of the codes in conflict herewith are hereby expressly repealed.”

$ 442. Official bond. The controller must execute an official bond in the sum of fifty thousand dollars.

Official bonds: See post, $$ 947 et seq.

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Legislation § 442. Enacted March 12, 1872. See ante, tit. “Code commissioners' note to Article VI."

§ 443. Transfer of money to school fund. In addition to funds provided by constitution. On or before the thirty-first day of December in the year nineteen hundred fifteen and on or before the thirtieth day of June in the year nineteen hundred sixteen, and on or before the thirtieth day of June and the thirty-first day of December in each succeeding year, the state controller shall transfer from the general fund of the state, to the state school fund, such sums as will be equivalent to fifteen dollars per annum for each pupil in average daily attendance in the elementary schools of the state as reported by the superintendent of public instruction for the school year ending June thirtieth preceding. The money so transferred shall be in addition to the funds provided by the constitution for the support of the common schools and any other funds paid into the state school fund from other sources or made avail. able by any provision of law for the support of the elementary schools of the state, and the provisions of this section shall not apply to inor affect the acts under which said additional sums are appropriated or made available for such use. [Amendment approved 1915; Stats. 1915, p. 760.]

Legislation § 443. 1. Added by Code Amdts. 1873–74, p. 81. 2. Amended by Stats. 1911, p. 1215. 3. By Stats. 1915, p. 760.

§ 444. State general fund and interest fund, transfers of money to. The controller must, when either the general fund or the interest and sinking fund of the state treasury is exhausted, and there is money in some other fund not required to meet any demand which has accrued or may accrue against it, report such fact to the governor and the treasurer. If they find that the money is not needed in such other fund, the governor may order the controller to direct the transfer of such money, or any part thereof, to the general fund or to the interest and sinking fund, as the case may be. All money so transferred must be returned to the fund from which is [it] was transferred as soon there is sufficient money in the fund to which the transfer was made to return it. Nothing in this section warrants the transfer of any money from any fund so as to in any manner interfere with the object for which such fund was created. [Amendment approved 1909; Stats. 1909, p. 450.]

Legislation § 444. 1. Added by Stats. 1907, p. 582; the code commissioner saying, “A codification of the statute of 1899, p. 156.” 2. Amended by Stats. 1909, p. 450. The original § 444, entitled “Grammar. school fund, how raised," was added by Stats, 1887, p. 124; repealed by Stats. 1891, p. 150.

§ 445. Inheritance tax department established. Duties. Inheritance tax attorney and assistants. Duties. Salaries. Expenses. The controller shall maintain under his authority and direction a department, to be known as the inheritance tax department, which is hereby established, for the purpose of supervising and assisting in the administration

the inheritance or transfer tax laws of this state. aid department shall gather, record, compile, publish and distribute such information and data as the controller may direct relative to the inheritance or trans

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