board shall not engage in any private business requiring their personal attention between the hours of 9 o'clock a. m. and 5 o'clock p. m. of each day, excepting holidays during their term of office. Before enter ing upon the discharge of his duties each member of said board shall execute an official bond to the state of California in the penal sum of twenty-five thousand dollars, conditioned on the faithful discharge of his duty according to law and shall take the oath of office as prescribed by this code for state officers. The members of such board shall be executive officers and each shall be authorized to administer oaths. The board shall appoint a secretary, three clerks and two stenographers. Such appointees shall be civil executive officers. The board may also appoint a messenger. Legislation § 654. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 12. 2. Amended by Stats. 1887, p. 57. 3. By Stats. 1891, p. 71. 4. By Stats. 1893, p. 182. 5. By Stats. 1909, p. 417. 6. Repealed by Stats. 1911, p. 591. 7. Re-enacted by Stats. 1911, p. 591. See ante, tit. "Legislation Article XVIII." § 655. Salary of board of control. The members of the state board of control shall each receive a salary of five thousand dollars per annum, and the secretary a salary of thirty-six hundred dollars per annum. All such salaries shall be paid at the same time and in the same manner as the salaries of state officers are paid. The board shall have the power to employ the necessary clerical and expert assistants in addition to statutory employees, and to fix the compensation of all statutory and other employees. [Amendment approved 1915; Stats. 1915, p. 546.] Legislation § 655. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 15. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 591. 4. Amended by Stats. 1915, p. 546. See ante, tit. "Legislation Article XVIII." § 656. Sessions of board. The said board shall be in session during office hours whenever a majority of the members thereof are present at its offices in the state capitol and may meet at other places in the state at such time as a majority of the board may determine. Legislation § €56. 1. Enacted March 12, 1872; based on Stats. 1858, p. 215, § 17. 2. Amended by Code Amdts. 1873-74, p. 67. 3. Repealed by Stats. 1911, p. 591. 4. Re-enacted by Stats. 1911, p. 591. See ante, tit. "Legislation Article XVIII.” § 657. Record of proceedings. The board must keep a record of all its proceedings and any member may cause his dissent to the action of the majority upon any matter to be entered upon such record. Legislation § 657. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 13. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 591. See ante, tit. "Legislation Article XVIII." §658. Vice-chairman. Rules. The board or a majority thereof, may elect one of its members vice-chairman, and such officer shall have and exercise all the authority of the chairman in the absence of the latter. The board may also establish rules and regulations not inconsistent with law for its government. All such rules and regulations must be recorded in the minutes of the board. Legislation § 658. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 12. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 591. See ante, tit. "Legislation Article XVIII." § 659. Chairman may issue subpoenas. Depositions. The chairman may issue subpoenas and compel the attendance of witnesses before the board or any member thereof, in the same manner that any court in this state may; and whenever the testimony of any witness upon any matter pending before it is material, the chairman must cause the attendance of the witness before such board, or a member thereof, to testify concerning such matter, and the board may make a reasonable allowance therefor not exceeding the fees of witnesses in civil cases, which must be paid out of the appropriation for the contingent expenses of the board, but in no instance can an allowance be made in favor of a witness who appears in behalf of a claimant. Each member of the board may take depositions to be used before it. Witnesses: 1. Generally: See Code Civ. Proc., §§ 1878-1884. 3. Privileges and Liabilities: Code Civ. Proc., §§ 2064 et seq. Legislation § 659. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 13. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 591. See ante, tit. "Legislation Article XVIII." § 660. Examining books of state institutions. It shall be the duty of one or more members of the board as may be designated by the board, or as requested by the governor, to examine and expert, or cause to be examined and experted, the books of the different state prisons, reformatories, state hospitals and other institutions, commissions, bureaus and officers of the state, at least once in each year, and as often as may be deemed necessary. The officers of said prisons, reformatories, hospitals and other institutions, boards, commissions and bureaus and the several officers of the state, must permit such examination and experting and must upon demand produce without unnecessary delay all books, contracts and papers in their respective offices, and must furnish upon demand the information touching books, papers and contracts and other matters pertaining to their respective offices. Legislation § 660. 1. Enacted March 12, 1872; based on Stats. 1868, p. 236, § 9. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." § 661. Visiting state institutions. It shall be the duty of one or more members of the board as may be designated by such board or as may be requested by the governor to visit from time to time every public institution maintained in whole, or in part, by state appropriations to ascertain the conditions of the same, and their wants and requirements, and also to visit public buildings in course of construction to ascertain if all the provisions of law in relation to such construction and of the contracts therefor are being faithfully executed. Legislation § 661. 1. Enacted March 12, 1872; based on Stats. 1858, p. 213, § 10. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." § 662. Reports of examinations. Claims against state. The board upon completion of such examination must make a report in duplicate thereon and file one with the governor, and one in the office of such board. Legislation § 662. 1. Enacted March 12, 1872; based on Stats. 1858, p. 213, § 10. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." § 663. Claims against state. Every claim against the state for which an appropriation has been made or for which a state fund is available, must be presented to the board for its scrutiny before being paid. The board may for cause postpone action upon a claim for not exceeding one month. Legislation § 663. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." § 664. Personal claim against state. Majority to allow claim. Any person having a claim against the state for which an appropriation has been made, may present the same to the board in the form of an account or petition and the secretary of the board must date, number and file such claim. The board must allow or reject the same within thirty days. The concurrence of two members of the board shall be required to approve and allow any claim against the state in whole or in part. Legislation § 664. 1. Enacted March 12, 1872; based on Stats. 186970, p. 544, § 1. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." §665. Approved claims to controller. If the board approve such elaim the members approving the same must over their signatures indorse thereon the following: "Approved for the sum of dollars," and the secretary shall immediately transmit the same to the office of the state controller for his action thereon and if such action is favorable, he shall draw his warrant for the amount so approved in favor of the claimant or his assigns; provided, that the controller if he objects thereto for any reason may return the same to the secretary of said board and said claim shall not again be presented to the controller except with the unanimous approval of the board. Legislation § 665. 1. Enacted March 12, 1872; based on Stats. 186979, p. 544, § 2. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 592. See ante, tit. "Legislation Article XVIII." § 666. Disapproved claims. If the board, or a majority thereof, disapprove any claim, the same shall be filed with the records of the board with a statement showing such disapproval and the reasons therefor. Legislation § 666. 1. Enacted March 12, 1872; based on Stats. 186970, p. 544, § 3. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. "Legislation Article XVIII." §667. Claims for which no appropriation was made. If no appropriation has been made, or if no fund is available for the payment of any laim against the state, the settlement of which is provided by law, or if an appropriation or fund has been exhausted, such claim must be presented to the board which shall audit the same and if approved by at Pol. Code-12 least a majority vote thereof it shall, with the sanction of the governor, be transmitted to the legislature with a brief statement of the reasons for such approval. Legislation § 667. 1. Enacted March 12, 1872; based on Stats. 186970, p. 544, § 4. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. "Legislation Article XVIII." § 668. Rules for audit claims. The board shall cause to be printed for distribution among all state officers and for the use of anyone desiring to present a claim against the state, a set of rules governing the presentation and audit of demands against the state funds and appropriations. Legislation § 668. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. “Legislation Article XVIII." § 669. Claims to be presented at least four months before legislature meets. Recommendation to legislature. Any person having a claim against the state, the settlement of which is not otherwise provided for by law, must present the same to the board at least four months before the meeting of the legislature, accompanied by a statement showing the facts constituting the claim, verified in the same manner as complaints in civil actions. Before finally passing upon any such claim, notice of the time and place of hearing must be mailed to the claimant at least fifteen days prior to the date set for final action. At the time designated the board must proceed to examine and adjust such claims. It may hear evidence in support of or against them and, with the sanction of the governor, report to the legislature such facts and recommendations concerning them as may be proper. In making such recommendations the board may state and use any official or personal knowledge which any member thereof may have touching such claims. Legislation § 669. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. "Legislation Article XVIII." § 670. Report to legislature and controller. The board must make up its report and recommendations concerning such matters as the law requires of it at least thirty days before the meeting of the legislature. The board must give to the state controller for his use at such time as he shall demand a statement showing all its recommendations for appropriations by the legislature. Legislation § 670. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 16. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. "Legislation Article XVIII.” § 671. Rehearing on claim once rejected. Appeal to legislature. The board must not entertain, for the second time, a demand against the state once rejected by it or by the legislature unless such facts are presented to the board as in suits between individuals would furnish sufficient ground for granting a new trial. Any person interested, who is aggrieved by the disapproval of a claim by the board, may appeal from the decision to the legislature of the state, by filing with the board a notice thereof, and upon the receipt of such notice the board must transmit the demand and all the papers accompanying the same, with a statement of the evidence taken before it, to the legislature. Legislation § 671. 1. Enacted March 12, 1872; based on Stats. 1858, p. 214, § 11. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 593. See ante, tit. "Legislation Article XVIII.” § 672. Controller may draw warrant only after approval by board. The controller must not draw his warrant for any claim unless it has been approved by the state board of control and when hereafter, the controller is directed to draw his warrant for any purpose, this direction must be construed as subject to the provisions of this section, unless the direction is accompanied by a special provision exempting it from the operation of this section. Controller's authority to draw warrants: See ante, § 433, subd. 17. Legislation § 672. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 594. "Legislation Article XVIII." See ante, tit. § 673. Board may notify treasurer not to pay warrant. Whenever the board has reason to believe that the controller has drawn or is about to draw his warrant without authority of law, or for a larger amount than the state actually owes, the board must notify the treasurer of state not to pay the warrant so drawn or to be drawn; and thereupon the treasurer is prohibited from paying the warrant, whether already drawn or not, until he is otherwise directed by the legislature. Legislation § 673. 1. Enacted March 12, 1872. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 594. See ante, tit. "Legislation Article XVIII." § 674. Legislative contingent funds exempt. Claims upon the contingent fund of either house of the legislature and for official salaries, are exempted from the operation of the provisions of this article. Legislation § 674. 1. Enacted March 12, 1872; based on Stats. 1859, p. 213, § 6. 2. Repealed by Stats. 1911, p. 591. 3. Re-enacted by Stats. 1911, p. 594. See ante tit. "Legislation Article XVIII." § 675. Monthly count of money in treasury. Publication of count. The money in the state treasury must be counted by the state board of control at least once every month, without giving the treasurer any previous notice of the day or hour of counting; the board may at any counting place any sum in bags or boxes and mark and seal the same with a seal to be adopted and kept by it, and may, at any subsequent counting count each bag or box separately and credit at the value stamped thereon the contents of such bags or boxes as part of the money counted without making a detailed count of such contents. They shall count as cash all evidence of money belonging to the state upon deposit outside the state treasury that may be held by the treasurer in accordance with law and shall determine for themselves whether such evidence is sufficient according to law. After each count of money they must make and file with the secretary of state and cause to be published in some newspaper in the city of Sacramento, an affidavit showing: 1. The amount of money or credit that ought to be in the state treasury. 2. The amount and kind of money or credit actually therein, Legislation § 675. 1. Enacted March 12, 1872; based on Stats. 1853, p. 212, § 2, as amended by Stats. 1867-68, p. 296, § 1. 2. Repealed by |