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assume and have and exercise all of the powers and duties of the state engineer relating to state roads and state highways and other roads and highways heretofore by law conferred or imposed upon said state engineer, and the said state engineer shall immediately relinquish and transfer to the said California highway commission all funds, papers, maps, records and other documents of the department of engineering relating to the roads and highways of the state and thereafter the state engineer shall have no further duty, power or responsibility with regard to roads and highways, save only such as shall devolve upon him as a member of the advisory board of the department of engineering. Said California highway commission shall have the supervision and direction of all state roads and state highways now existing and the improvement, maintenance, repair and protection thereof, and have charge of and perform all other duties relating to state roads and state highways which may be imposed upon said commission by said advisory board. The highway engineer shall be the chief executive officer of the California highway commission and shall perform such duties as may be imposed upon him by the California highway commission which are not in conflict with any duties which may be placed upon him by said advisory board. [Amendment approved May 18, 1917; Stats. 1917, p. 692.]

§ 10. Duties of highway commission. Act for road districts, etc. Biennial reports. The California highway commission, in addition to such other duties as may be imposed upon such commission by law, shall

(a) Make such investigations as will put at the service of the state the most approved methods of highway improvement;

(b) Compile statistics relative to the public highways of counties and municipalities;

(c) If deemed expedient by said commission and at the expense of the applicants, either in whole or in part, as determined by said commission, said county, road or boulevard district or division and municipal authorities, upon request of such county, road or boulevard district or division and municipal authorities, in establishing grades and road drainage systems and advise with them as to the construction, improvement and maintenance of highways and bridges.

(d) If deemed expedient by said commission and at the expense of the applicants, either in whole or in part, as determined by said commission, cause plans, specifications and estimates to be prepared for the repair and improvement of highways and bridges, and in its discretion, also act as the consulting engineer for any county, road or boulevard (lis: trict or division, or municipal authorities, when requested to do so by the county, road or boulevard district or division or municipal authori. ties; and said commission may, in its discretion, and upon the request of the governing board of any county, permanent road division, road or boulevard district or division, accept the funds of any such political subdivision for deposit in the state treasury, said funds to be deposited in such state fund or funds as said commission may designate, and the state department of engineering shall use and expend the funds so deposited for construction of bridges, roads or boulevards situated

within such political subdivision, in accordance with the plans and specifications and other terms as are mutually agreed upon by said commission, on behalf of the state of California, and such governing board; provided, however, that any bridge, road or boulevard constructed under the provisions of this section by and under the jurisdiction of said state department of engineering shall revert to the original jurisdiction and control immediately upon the completion thereof, unless such bridge, road or boulevard shall, in the opinion of said commission, be and constitute an integral part of the state highway system as contemplated by the state highways act and the state highways act of 1915 or as otherwise provided by law; and, further, the governing board of any county, permanent road division, or road or boulevard district or division may pay into the state treasury, as provided herein, for the purposes hereof, any funds under its jurisdiction and control subject to use for bridge, road or boulevard purposes, created by tax levy or issuance of the bonds of any such political subdivision or otherwise,

(e) Investigate and determine upon the various methods of road construction adapted to the different sections of the state, as to the best methods of construction and maintenance of highways and bridges, and make such experiments in relation thereto from time to time as said commission deems expedient.

(f) Aid at all times in promoting highway improvement throughout the state.

(g) Have the power to call upon any state, county or municipal official to furnish said commission with any information contained in his office which relates to, or is in any way necessary to, the proper performance of the work of said department of engineering, and it is hereby made the duty of such officials to furnish such information without cost.

(h) Prepare biennial reports relating to road and highway work which shall be incorporated by the state engineer in his biennial reports whieh he is required by law to submit to the governor at least thirty days before each session of the legislature. [Amendment approved May 18, 1917; Stats, 1917, p. 692.

$ 13. Co-operative work with United States government. All co-operative engineering work now existing or to be engaged in by the state with the United States government shall be placed under the department of engineering. All plans, estimates and specifications shall be approved by the state engineer except that in the case of road and bighway work all plans, estimates and specifications shall be approved by thie California highway commission, and the advisory board shall have full power to determine the kind, quality and extent of such work under co oporation with said government before entering into agreement with said government for such work. All unexpended moneys provided for by law on the aforesaid co-operative basis shall be expressly placed under the full control of the department of engineering and the state controller mall transtor such funds to the credit of the said department. Hereafter plans, estimates and specifications for such work shall be filed in the office of said department. All moneys received by the state treas. weer from the l'nited States government under project agreements relatwww to federal aid road work shall be credited by the state controller

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to such fund or funds as the state department of engineering shall desig. nate. [Amendment approved May 18, 1917; Stats. 1917, p. 694.]

§ 16. Biennial report of state engineer, The state engineer shall prepare biennial reports which shall be submitted to the governor at least thirty days before each session of the legislature. Said report shall embrace the work and investigations of the department under his charge for the previous two years, together with such recommendations for changes in the laws affecting the department as he may deem advisable. It shall be the duty of the state printer to print all reports, bulletins or other matter and furnish any other necessary illustrations or diagram therefor as the department may deem necessary, all of which shall, however, be subject to the approval of the state board of examiners. [Amendment approved May 18, 1917; Stats. 1917, p. 695.]

§ 17. Salaries. Bond. The highway engineer shall receive not to exceed the sum of ten thousand dollars per annum; the state engineer shall receive the sum of five thousand dollars per annum; each assistant engineer shall receive the sum of three thousand dollars per annum; the secretary shall receive the sum of three thousand dollars per annum; the state architect shall receive the sum of four thousand eight hundred dollars per annum; the assistant state architect shall receive the sum of three thousand dollars per annum; the general superintendent for the architectural division shall receive the sum of three thousand dollars per annum; the mechanical engineer shall receive the sum of two thousand seven hundred dollars per annum; the architectural designer shall receive the sum of two thousand seven hundred dollars per annum; the structural engineer shall receive the sum of two thousand four hundred dollars per annum; the auditor shall receive the sum of two thousand four hundred dollars per annum; the electrical engineer shall receive the sum of two thousand one hundred dollars per annum; the estimator shall receive the sum of two thousand one hundred dollars per annum; the specification writer shall receive the sum of two thousand one hundred dollars per annum; the engineer's draftsman shall receive the sum of two thousand dollars per annum; two architectural draftsmen shall receive the sum of two thousand one hundred dollars per annum, each; one architectural draftsman shall receive the sum of one thousand eight hundred dollars per annum; two clerks shall receive the sum of one thousand eight hundred dollars each, per annum; two stenographers shall receive the sum of one thousand five hundred dollars each, per annum; the blue-print pressman shall receive the sum of one thousand five hun. dred dollars per annum; the janitor shall receive the sum of nine hundred dollars per annum. Such salaries shall be paid at the same time and in the same manner as are the salaries of other state officers. The highway engineer shall furnish the state with a bond in the sum of twenty thousand dollars; the two assistant engineers and the state architect shall each furnish the state with a bond in the sum of ten thousand dollars; and the secretary shall furnish the state with a bond in the sum of fifteen thousand dollars, for the faithful performance of their duties. Such bonds must be approved by the governor of the state of

California, and filed in the office of the secretary of state. Each of the three appointed members of the advisory board shall receive the sum of three thousand six hundred dollars per annum. Each and every one of the above-mentioned officers shall take the oath of office as preseribed for other state officers. The members of the advisory board, the state engineer and other officers and employees of the department of engineering shall be allowed their necessary traveling expenses while engaged in the discharge of their duties within the state. Every employee of the department of engineering who is intrusted with moneys belonging to the state and who is not already required by law to furnish an official bond shall file a bond if the said department shall so require in sueb an amount as the department shall deem to be expedient with two suffcient sureties thereon or with a surety company of recognized standing for the faithful performance of his trust, which bond must be approred by the state board of control and filed with the state treasurer. The premium or charge for every such bond, if given by a surety company, shall be paid by said department out of the particular fund under its control, from which fund the moneys are withdrawn and placed in the custody of the bonded employee or out of that fund to which the ser vices of such employee directly pertain. [Amendment approved May 15, 1917; Stats. 1917, p. 543.]

ACT 3818b.
An act to appropriate money to be expended by and under the diree-

tion of the department of engineering for the purpose of rectifying
and improving the channels of the Sacramento, San Joaquin and
Feather rivers and such other waters of the state as the department
of engineering may determine; improving the navigability of sucb
waters and acquiring land for necessary rights of way therefor:
making surveys, investigations and report upon the feasibility of
canalizing the rivers of the state and constructing canals for navi
gation, and making surveys, investigations and plans for flood con-
trol; the examination and supervision of dams; the investigation of
rainfall, snowfall and runoff affecting navigation and flood control;
and giving the department of engineering authority over dams, mak-
ing it unlawful to construct or maintain dams in a dangerous con-
dition and providing penalties for violations of the act and directing

who shall prosecute such violations. [Approved May 14, 1917. Stats. 1917, p. 516. In effect July 27, 1917.

§ 1. Appropriation: improving Sacramento, San Joaquin and Feather rivers. The sum of one hundred fifty thousand dollars is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, to be expended by the department of engineering for the purpose of rectifying and improving the channels of Sacramento, San Joaquin and Feather rivers, and such other waters of the state as the department of engineering may determine, improving the navigability of such waters, acquiring land for necessary rights of way for such improvements; making survoys, investigations and reports upon the feasibility

of canalizing the rivers of the state and constructing navigable canals, making surveys, investigations and plans for flood control upon any stream, the flood waters of which may injure or menace lands in the state of California, including the examination and supervision of dams, and investigation of rainfall, snowfall and runoff affecting or tending to affect navigation or flood control upon any of the streams of the state; provided, however, that before any expenditure shall be made or contracts awarded by said department for construction work to be done affecting navigable waters, the plans therefor shall be approved by the proper officers of the government of the United States having charge of river work in California.

§ 2. Dams under authority of department of engineering. (a) All dams in the state of California, other than those for impounding mining debris constructed under the authority of the California debris commission, or dams constructed by a municipal corporation maintaining a department of engineering, shall be under the authority of the state department of engineering, and the department shall exercise supervision over any dam, the failure of which would endanger life or property, and shall have power to prescribe and enforce compliance with measures for making such dams safe against failure; provided, that this section shall not apply to any dam which is part of a “water system” as defined in section two of the public utilities 'act of this state, and nothing in this act shall be construed to limit the jurisdiction of the railroad commission over such dams.

(b) Approval of plans. It shall be unlawful for any person, firm, corporation or district to construct, maintain or operate any dam known to be unsafe, or which if the destruction or failure thereof would endanger life or property; or to construct, reconstruct, repair or improve, maintain or operate any dam which is or would be ten feet or more in height or which will impound water or other fluid to the amount of three million gallons unless the plans, specifications and construction thereof shall have been approved in writing by the state department of engineering.

(c) Penalty. Any person, firm, corporation or district who shall violate the provisions of this section is subjeet to a penalty of not less than five hundred nor more than two thousand dollars for each and every offense. Each day that such violation of the provisions of this section shall continue shall be deemed and considered a separate and distinct offense.

(a) Permitting work contrary to plans felony. Any person acting for himself as owner, or as director, officer, agent or employee of any firm, corporation or district engaged in the construction, reconstruction, improvement or repair of any dam, the plans and specifications of which have been approved by the department of engineering, or any contractor, or agent or employee of such contractor, who shall knowingly permit work to be executed thereon contrary to the plans and specifications approved as aforesaid, or any inspector or employee of the department of engineering who shall have knowledge of such work being done and fail to immediately notify the department of engineering thereof, is guilty of a felony and subject to the penalty of confinement in the state penitentiary for not less than one nor more than five years.

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