elected at the preceding election, and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The senate may thereupon, if a quorum is present, proceed to elect its officers.

Oath:

1. As to the form of the oath, see Const., art. XX, § 3.

2. With regard to time when members of legislature may take oath, see post, § 906.

§ 239. Assembly, organization of. At the time specified in section two hundred and thirty-eight the clerk of the assembly, or in case of his absence or inability, then the senior member elect present, must take the chair, call the members elect to order, and then call over the roll of counties in alphabetical order; and as the same are called the members elect must present their certificates, take the constitutional oath of office, and assume their seats. The assembly may thereupon, if a quorum is present, proceed to elect its officers.

Legislation § 239. Enacted March 12, 1872.

§ 240. Oath to be entered on journals. An entry of the oath taken by members of the legislature must be made on the journals of the proper house.

Journal kept by each house: Const., art. IV, § 10; post, § 256.

Legislation § 240. Enacted March 12, 1872; based on Stats. 1863, p. 388, § 18.

§ 241. Form for statement of money required by state departments. Not less than forty days before the beginning of each regular session of the legislature the controller of state shall send to the head of each administrative department of the state government and to each board or commission in charge of any educational, charitable, penal or other institution supported wholly or in part by appropriation from the state treasury, a blank form, to be filled out by such head of department, board or commission with an itemized statement of the amounts of money which, in the opinion of such head of department, board, or commission, will be required for the proper support, maintenance, extension or improvement of the department or institution in his or their charge during the two fiscal years next ensuing. The officers, boards and commissions receiving such blank forms shall return them, properly filled out and accompanied by such brief explanatory statements as they may deem proper, to the controller not less than fifteen days before the opening of the regular session of the legislature.

Legislation § 241. Added by Stats. 1909, p. 918.

§ 242. Form for members of legislature. The controller of state shall, in similar manner, send a blank form to each senator and each member elect of the legislature, and such senator or member elect shall in like manner return to the controller these blanks with entries showing the appropriations which such senator or member elect intends to propose to the legislature.

Legislation § 242. Added by Stats. 1909, p. 918.

Pol. Code-5

§ 243. Claims against the state, statements to be filed. Any person having a claim against the state, which requires action by the legislature, shall file with the controller a statement of the amount of such claim, together with a brief statement of the facts upon which it is based, not less than twenty days before the opening of the regular session of the legislature.

Legislation § 243. Added by Stats. 1909, p. 918.

§ 244. Controller to report amounts requested. Within ten days after the opening of each regular session the controller shall furnish to the governor and to each member of the legislature a tabulated account of the various amounts requested in the statements returned to him in accordance with sections two hundred and forty-one and two hundred and forty-two, and a list of the private claims filed under section two hundred and forty-three. Such account shall show the several amounts asked for, the total for each department or institution, the grand total, and a brief description of the purpose for each proposed appropriation. Legislation § 244. Added by Stats. 1909, p. 918.

ARTICLE III.

Number, Designation, Election, and Appointment of Officers and Employees of the Legislature.

§ 249.

Duties of judiciary committee.

§ 250. Judiciary committee to codify laws when.

§ 245. Officers of the senate. The officers and employees of the senate shall consist of a president, a president pro tem., a secretary, three assistant secretaries (who shall be appointed by the secretary, by and with the advice and consent of the senate), one assistant at the desk, one sergeantat-arms, one assistant sergeant-at-arms, one assistant sergeant-at-arms for the finance committee, one assistant sergeant-at-arms for the judiciary committee, one assistant sergeant-at-arms to be assigned by the sergeantat-arms to any committee requiring the same, one bookkeeper for the sergeant-at-arms (who shall be appointed by the sergeant-at-arms, by and with the advice and consent of the senate), one minute clerk, three assistant minute clerks, one journal clerk, two assistant journal clerks, one engrossing and enrolling clerk, three assistant engrossing and enrolling clerks, two assistant engrossing and enrolling clerks (said two to be elected on the thirtieth day of the session), one history clerk, one assistant history clerk, three bill-filers, four bill clerks, a chaplain, one postmaster, one assistant postmaster, two mail-carriers (who shall be mailing and folding clerks), one page to the president of the senate, four pages, three gatekeepers, one doorkeeper, one gallery doorkeeper, two messengers to state printer, one cloakroom clerk, five skilled stenographers (who shall be typewriters, and who shall be at the service of the senate, its members and committees, and under the supervision of the secretary of the senate), one stenographer for the finance committee, one stenographer for the judiciary committee, six porters, one rear porter, three

watchmen, one janitress for ladies' cloakroom, two press mailing clerks; and only such other officers or employees as the senate by a three-fifths vote of all the members elect shall deem necessary. Any officer or employee appointed or elected under the provisions of this section may at any time be removed by the senate. [Amendment approved 1899; Stats. 1899, p. 1.]

Legislation § 245. 1. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 1. 2. Amended by Code Amdts. 1875-76, p. 8. 3. By Stats. 1891, p 1. 4. By Stats. 1897, p. 24. 5. By Stats. 1899, p. 1.

§ 246. Officers of the assembly. The officers and employees of the assembly shall consist of a speaker, a speaker pro tem., one chief clerk, four assistant clerks (who shall be appointed by the chief clerk, by and with the advice and consent of the assembly), one sergeant-at-arms, one assistant sergeant-at-arms, one clerk for the sergeant-at-arms, one bookkeeper to the sergeant-at-arms (said book-keeper to be appointed by the sergeant-at-arms, by and with the advice and consent of the assembly), one minute clerk, two assistant minute clerks, one journal clerk, one assistant journal clerk, one engrossing and enrolling clerk, two assistant engrossing and enrolling clerks, and two additional assistant engrossing and enrolling clerks (said last two to be elected on the thirtieth day of the session), one file clerk to keep the files, four bill-filers, one chaplain, one postmaster, one assistant postmaster, one mail-carrier (who shall be mailing and folding clerk), one page to speaker, six pages, three gateKeepers, one doorkeeper, one gallery doorkeeper, one messenger to printer, one history clerk, one bill clerk, four assistant bill clerks, thirty committee clerks (to be assigned to committees actually requiring the use of a clerk), six skilled stenographers (who shall be typewriters, and who shall be at the service of the assembly, its members and its committees, under the supervision of the chief clerk), five porters, three watchmen, one fireman, one sergeant-at-arms for the ways and means committee, one sergeant-at-arms for the judiciary committee, one engineer, one electrician, one janitress, and one elevator attendant; and only such other officers or employees as the assembly by a three-fifths vote of all the members elect shall deem necessary. Any officer or employee appointed or elected under the provisions of this section may at any time be removed by the assembly. [Amendment approved 1899; Stats. 1899, p. 2.] Legislation § 246. 1. Enacted March 12, 1872; based on Stats. 1861, P. 592, § 2. 2. Amended by Code Amdts. 1875-76, p. 8. 3. By Stats. 1891, p. 2. 4. By Stats. 1897, p. 25. 5. By Stats. 1899, p. 2.

§ 247. Elections and appointments. All officers and employees of the legislature, except the president of the senate, porters, and pages, must be elected by the house to which such officers and employees are attached. The porters and pages shall be appointed by the presiding officers of their respective houses. [Amendment approved 1876; Code Amdts.

1875-76, p. 8.]

Elected by the house: See Const., art. IV, § 7.

Legislation § 247. 1. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 2. 2. Amended by Code Amdts. 1875–76, p. 8.

§ 248. Standing committees, appointment of. All standing committees of the senate and assembly shall be appointed by the presiding officer of

the respective houses; provided, that each house may by resolution, or the rules thereof, direct otherwise.

Legislation § 248. Added by Stats. 1899, p. 165. The original § 248 was added by Code Amdts. 1875–76, p. 8, and provided for the employment of assistant engrossing and enrolling clerks; repealed by Stats. 1891, p. 426.

§ 249. Duties of judiciary committee. The rules of each house may prescribe the duties of each committee thereof. In addition to the duties that may thus be prescribed, it shall be the duty of the judiciary committee of each house, whenever a bill drawn in the form of a general law is recommended for passage, either as introduced, or as amended by such committee, if it relates to and should form part of any subject contained in either one or more of the codes of this state, to accompany such recommendation with a substitute, or substitutes therefor, containing a suitable title and the provisions of such bill in codified form, and numbered so as to indicate in what code, and what part thereof, it is proposed to insert the same in case of enactment.

Legislation § 249. Added by Stats. 1899, p. 165. The original § 249 was added by Code Amdts. 1875–76, p. 8, and provided for the payment of assistant engrossing and enrolling clerks (see supra, Legislation § 248); repealed by Stats. 1891, p. 426.

§ 250. Judiciary committee to codify laws when. When any standing committee of the senate or assembly, other than the judiciary committee thereof, favorably report any bill referred thereto, if such bill is in the form of a general law, the same shall be placed on file, retain its place thereon, and be referred to the judiciary committee, whereupon such committee must, if the bill relates to and should form part of any subject contained in either one or more of the codes of this state, codify the same, and within two days after such reference, unless additional time is granted, report a substitute or substitutes therefor in the manner provided in the preceding section.

Legislation § 250. Added by Stats. 1899, p. 165.

ARTICLE IV.

Powers and Duties of the Officers and Employees of the Legislature. § 252. What officers of, may administer oaths.

§ 253.

Duties of secretary and clerk.

§ 254. Duties of assistant secretary and assistant clerk.

$255.

Duties of minute clerk.

$256.

Daily journal of each house to be printed.

§ 257.

§ 258.

Duties of journal clerk of assembly. [Repealed.]
Duties of copying clerks.

[Repealed.]

$259.

Duties of sergeants-at-arms.

§ 260. Duties of assistant sergeants-at-arms.

§ 261.

Duties of officers at close of session.

§ 252. What officers of, may administer oaths. The president and president pro tem. of the senate, and the speaker and speaker pro tem. of the assembly, may administer the oath of office to any senator or assemblyman, and to the officers of their respective bodies. The mem

bers of any committee may administer oaths to witnesses in any matter under examination.

Oath of office: Post, §§ 904-910.

Legislation § 252. Enacted March 12, 1872.

§ 253. Duties of secretary and clerk. The secretary of the senate and the chief clerk of the assembly must attend each day, call the roll, read the journal and bills, and superintend all copying necessary to be done for their respective houses.

Duties of secretary: See post, § 261.

Legislation § 253. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 4.

§ 254. Duties of assistant secretary and assistant clerk. The assistant secretaries of the senate and the assistant clerks of the assembly must take charge of all bills, petitions, and other papers presented to their respective houses, file and enter the same in the books provided for that purpose, and perform such other duties as may be directed by the secretary of the senate and chief clerk of the assembly.

Duties of assistant secretaries: See post, § 261.
Duties of assistant clerk: See post, § 261.

Legislation § 254. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 4.

§ 255. Duties of minute clerk. The minute clerk of the senate and the minute clerk of the assembly must keep a correct record of the proreedings of their respective houses.

Legislation § 255. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 4.

§ 256. Daily journal of each house to be printed. A sufficient number of copies of each day's proceedings of each house of the legislature shall be printed by the state printer in book form separately, to supply the members of both houses and chief officers daily during the session with the journal of the previous day's proceedings; and also a sufficient number of copies, with proper repaging, to bind at the end of the session of the legislature, in book form, as the journals of the senate and assembly; one copy of which daily journal of each house, upon the approval thereof by the house of which it is such daily journal, shall be authenticated as 80 approved by the presiding officer and chief clerk or secretary (as the ease may be) of the house so approving it; and upon the final adjournment of the legislature, such copy of the daily journal of each house for the entire session, so authenticated, shall be properly bound in separate volumes and deposited in the office of the secretary of state as the official journals of both houses of the legislature. [Amendment approved 1891; Stats. 1891, p. 425.]

Printing journal of each house: See post, § 528.

Legislation § 256. 1. Enacted March 12, 1872; based on Stats. 1861, p. 592, § 4. 2. Amended by Stats. 1891, p. 425.

§ 257. Duties of journal clerk of assembly. [Repealed 1891; Stats. 1891, p. 425.]

Legislation § 257. 1. Enacted March 12, 1872; based on Stats. 1861, p. 593, § 4. 2. Repealed by Stats. 1891, p. 425.