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any information thus obtained other than such information as must be reported to the board. The governor, however, is given power to order any such information to be made public.
3. The board must equalize the assessments made by local assessors of the real estate of banks and insurance companies; and also assessments made for the purposes specified in subdivision (e) of section 14, article XIII of the constitution. Since the amount of the local tax collected from banks and insurance companies on their real estate, as well as the tạx collected from the corporations mentioned in subdivision (a) of section 14, article XIII of the constitution, for the payment of local debts, is subtracted from the tax that these corporations would otherwise pay the state, the board of equalization must see that city and county assessors are not unfair to the state in assessing the property of these corporations too high. The board has power to alter any of these local assessments.
In case a tax should be imposed on all taxable property in the state for state purposes, as provided in subdivision (e), the state board has power to raise or lower by a definite percentage the assessments of an entire county if such action seems to it to be just.
4. The board must annually present a report to the governor showing the acreage of taxable land in each county and the assessment per acre, the value of all town and city lots, the value of all personal property in the state, and certain other items required by the law.
133. The Controller. — In addition to his duty as a member of the state board of equalization, the controller performs the following duties:
1. After receiving the record of assessments from the 1 See Political Code, $ 433, as amended in 1911; also Statutes of 1911, page 355.
state board of equalization, he must publish for two weeks in Sacramento, San Francisco, and Los Angeles, a statement to the effect:
a. That all taxes thus assessed are due and payable on the first Monday in July.
b. That one half will be delinquent after six weeks; that any part of this half, if permitted to become delinquent, may be paid with 15 per cent added as a penalty, any time before the first Monday in February; and that an additional 5 per cent will be added if not paid by that time.
c. That the second half of the tax will be delinquent on the first Monday in February, and that if not paid by that time, 5 per cent will be added.
The first publication of this notice must be within ten days after the controller has received the assessment record.
2. He must enforce the payment of the tax provided for in section 14, article XIII of the constitution. The tax is paid to the treasurer on his order.
3. Within ten days after the first Monday in February, he must notify every company whose taxes are delinquent that unless the taxes and penalties are paid by the first Monday in March, the company will forfeit its charter to the state if it is a domestic corporation, or that it will forfeit its right to do business in the state if it is a foreign corporation.
After the first Monday in March the controller must write the words “ charter forfeited to the state,” or the words “right to do business forfeited,” as the case may be, on the assessment record opposite the name of each corporation whose tax has not been paid. He must report the names of all such corporations to the secretary of state, who reports the same to the governor, who issues a proclama
1 A foreign corporation is a corporation which received its charter from another state of the Union or from a foreign country.
tion declaring the penalty that has been imposed. The secretary of state causes this proclamation to be published in Sacramento, San Francisco, and Los Angeles, and notifies every county clerk in the state. The law provides a method whereby any such corporation may recover its charter, or the right to do business in the state, by paying all back taxes and penalties. The controller is given power to proceed in the courts against any such corporation to compel it to pay its tax by placing an attachment on its property.
4. He must superintend the fiscal concerns of the state; that is, he must keep an accurate record of all receipts, appropriations, and expenditures, and must be able at any time to give information to the governor or the legislature as to the condition of any fund, or of the state finances in general. He must make a detailed report to the governor on the second Monday in October of every even-numbered year. This report, consisting of over two hundred pages, is printed and bound and may be obtained on application to the controller.
5. He must examine and settle the accounts of all persons indebted to the state and certify the amount in each case to the treasurer.
6. He must audit all lawful claims against the state and must draw warrants on the treasurer against the proper funds for their payment. Each payment must be definitely authorized by law, and money for the purpose must be available. Every claim must be approved by the state board of control before a warrant for its payment is drawn, unless the law specially provides that this approval is not necessary.
Appropriations by the legislature usually consist of definite sums set aside for special purposes; but in some cases they consist of perinanent provisions in the law to the effect that either all or a portion of the money derived from certain sources shall be devoted to certain purposes. Examples are the provisions that $250,000 of the income from the inheritance tax, and the interest on money received from the sale of state lands, shall be applied each year to the school fund; and that all money collected by the harbor commissioners of San Francisco shall be used in improving the water front of that city, or in paying debts incurred in making previous improvements. In all such cases, the money is turned into the state treasury and is drawn out on warrants issued by the controller.
7. Preceding each regular session of the legislature he must collect from the heads of the various state departments, boards, and institutions, on blanks which he sends out, itemized statements of their estimated expenses for the succeeding two years. He must also collect statements from members of the legislature as to the appropriations which they expect to ask from the legislature, and must compile a list of all claims against the state for which appropriations are necessary. He and the board of control — after going over these estimates and consulting the representatives of the offices, departments, boards, and institutions affected — determine the various amounts that in their judgment should be appropriated. The controller must tabulate these items for the use of the legislature and the governor at least within ten days after the opening of the session. This list of estimated expenses recommended by the controller and the board of control is known as the regular biennial budget.
8. He represents the state in all of its financial dealings with the various counties. Money collected by the counties for the state is paid to the state treasurer on the order of the controller; and money collected by the state for the counties is paid to them on his order.1
1 The state school fund constitutes the largest item distributed to the counties from the state treasury. The local taxes referred to in subdivision (e) of section 14, article XIII of the constitution are collected by the state and returned to the counties and cities.
9. He must compile and publish statistical reports of the financial transactions of the various counties and cities in the state. County and municipal auditors, or other proper officers, must report to him respecting these matters on blanks sent out by him.
134. The Treasurer.' — The most important duties of the treasurer are as follows:
1. To receive all money belonging to the state, not required to be received and kept by some other person. Each payment must be accompanied by a certificate issued by the controller. He must keep in the vault of the state such money as is needed for immediate use. With the approval of the governor and the controller, he may deposit in reliable banks money that can be spared. Depository banks must be selected from those that agree to pay the highest rate of interest (not less than 2 per cent) for the use of the state's money. Such banks must furnish security for the money deposited. The law limits the amount that may be deposited in any one bank.
2. To pay lawful claims against the state, on warrants issued by the controller.
3. To keep an accurate record of all receipts and disbursements. His records must show at all times the condition of each separate fund. He must keep on file all controller's certificates accompanying payments of money, and all warrants issued by the controller on which money has been paid.
4. To report to the controller, on the last day of each month, the amount paid out during the month, the fund
1 Political Code, $ 452 seq.