페이지 이미지
PDF
ePub

two thousand dollars; of the statistician, two thousand four hundred dollars; of the warrant registrar, two thousand four hundred dollars; of two franchise clerks, one thousand eight hundred dollars each; of two clerks, one thousand eight hundred dollars each; of five clerks, one thousand six hundred dollars each; of the stenographerclerk, one thousand five hundred dollars, and of the stenographer, one thousand two hundred dollars.

[When and how payable.] All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers.

History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 4; April 23, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 86; March 22, 1905, Stats. and Amdts. 1905, p. 785; amendment became a law, under constitutional provision, without governor's approval, March 10, 1907, Stats. and Amdts. 1907, p. 190, Kerr's Stats. and Amdts. 1906-7, p. 24; March 19, 1909, Stats. and Amdts. 1909, p. 515; April 17, 1911, Stats, and Amdts. 1911, p. 933; May 31, 1917, Stats. and Amdts. 1917, p. 1390. In effect July 30, 1917.

8 445. INHERITANCE-TAX DEPARTMENT. The controller shall maintain under his authority and direction a department, to be known as the inheritancetax department, which is hereby established, for the purpose of supervising and assisting in the administration of the inheritance- or transfer-tax laws of this state.

[Duties.] Said department shall gather, record, compile, publish and distribute such information and data as the controller may direct relative to the inheritance- or transfer-tax laws of this or other states or relative to the administration, enforcement or evasion of such laws. Said department shall coöperate with, advise and assist inheritance-tax appraisers, county treasurers, district attorneys and other officers and persons in the administration and enforcement of the inheritance, or transfer-tax laws of this state, and shall prepare, publish and distribute such blank forms for use of inheritance-tax appraisers or other use as the controller may direct.

[Inheritance-tax attorney and assistants.] In connection with said inheritance-tax department, the controller may appoint, in addition to other employees provided for by statute, an inheritance-tax attorney, whose office shall be in the city of Sacramento, five assistant inheritance-tax attorneys, two of whom shall have their offices in the city of Los Angeles, two of whom shall have their offices in the city and county of San Francisco, and one of whom shall have his office in the city of Sacramento. Said attorneys shall be civil executive officers and shall be admitted and licensed to practice before the supreme court of this state.

[Duties of inheritance-tax attorney.] The inheritance-tax attorney shall, under the authority and direction of the controller, have general supervision of said department. He shall have particular charge of the legal work connected with said department and shall perform such other duties as the controller may direct. Said assistant inheritance-tax attorneys shall perform such legal and other services relative to the administration and enforcement of said inheritance- or transfer-tax laws in the respective counties in which their offices may be situated or in any neighboring county, as the controller may direct.

[Salaries.] The salary of said inheritance-tax attorney shall be three thousand six hundred dollars per annum. The salary of one assistant inheritance-tax attorney whose office shall be in the city of Los Angeles shall be three thousand six hundred dollars per annum. The salary of the second assistant inheritance-tax attorney whose office shall be in the city of Los Angeles shall be two thousand four hundred dollars per annum. The salary of one assistant inheritance-tax attorney whose office shall be in the city and county of San Francisco shall be three thousand six hundred dollars per annum. The salary of the second assistant inheritance-tax attorney, whose office shall be in the city and county of San Francisco shall be two thousand four hundred dollars per annum. The salary of said assistant inheritance-tax attorney whose office shall be in the city of Sacramento shall be two thousand seven hundred dollars per annum.

ch. III, arts. VII, VIII.] EMPLOYEES OF TREASURER, ATTORNEY-GENERAL. $$ 456, 472

[When and how salaries payable.] The salaries of said inheritance-tax attorney and of said assistant inheritance-tax attorneys shall be paid at the same times and in the same manner as the salaries of other state officers,

(Expenses.] Said attorneys shall also receive their necessary traveling and inci. dental expenses. Said expenses and any other and further and additional expenses for attorneys, clerks, experts, agencies or persons or for any other purpose which said controller may find necessary or proper in the conduct of said inheritance-tax department shall be paid out of such moneys as may be appropriated from time to time to the controller for use of said inheritance-tax department.

History: Enactment approved June 16, 1913, Stats. and Amdts. 1913, p. 1065; amended May 10, 1915, Stats, and Amdts. 1915, p. 403; May 31, 1917, Stats. and Amdts. 1917, p. 1389. In effect July 30, 1917.

ARTICLE VII.
TREASURER.

$ 456. Employees in office of state treasurer. 8 456. EMPLOYEES IN OFFICE OF STATE TREASURER. The state treasurer may appoint one deputy state treasurer, one cashier, one bond officer, one deposit officer, one bookkeeper, and one secretary-stenographer, all of whom shall be civil executive officers.

(Salaries.] The annual salary of the deputy state treasurer is three thousand two hundred dollars; of the cashier, two thousand seven hundred dollars; of the bond officer, two thousand five hundred dollars; of the deposit officer, two thousand five hundred dollars; of the bookkeeper, two thousand two hundred dollars; and of the secretary. stenographer, one thousand five hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of other state officers.

History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 4; April 23, 1880, Code Amdts. 1880 (Pol. C. pt.), P. 87; March 16, 1889, Stats, and Amdts, 1889, p. 229; March 22, 1905, Stats. and Amdts. 1905, p. 784; March 21, 1907, Stats, and Amdts. 1907, p. 759, Kerr's Stats. and Amdts. 1906-7, p. 25; March 24, 1909, Stats. and Amdts. 1909, p. 687; March 24, 1911, Stats, and Amdts, 1911, p. 483; May 15, 1917, Stats. and Amdts. 1917, p. 540. In effect July 27, 1917.

ARTICLE VIII.
ATTORNEY-GENERAL.

§ 472. Appointees of attorney-general. Duties of attorney-general.

§ 475. Clerks, reporter and stenographers of attorney-general: Salaries. 8 472. APPOINTEES OF ATTORNEY-GENERAL. DUTIES OF ATTORNEY-GENERAL. The attorney-general may appoint one assistant, one chief deputy and seven additional deputies, who shall be civil executive officers.

(Salaries.] The annual salary of the assistant shall be four thousand dollars; the annual salary of the chief deputy shall be four thousand dollars; the annual salary of two of such additional deputies shall be three thousand three hundred dollars each, and the annual salary of five of such additional deputies shall be three thousand dollars each. Said salaries shall be paid at the time and in the same manner as the salaries of other state officers.

[Special counsel.] The attorney-general shall not employ special counsel in any case except those provided in section four hundred seventy-four of the Political Code.

The attorney-general shall have charge, as attorney, of all legal matters in which the state is in anywise interested, except the business of the regents of the University of California and of the state harbor commissioners, and such other boards or officers as are now by law authorized to employ attorneys, and no board, officer or officers, or employee of the state, except said regents and said harbor commissioners and such other boards and officers as are now by law authorized to employ attorneys, shall employ any attorney other than the attorney-general, or one of his assistants or deputies, in any matter in which the state is interested; nor shall any money be drawn out of the treasury, or out of any moneys appropriated out of the treasury, or out of any special or contingent fund under the control of any board, officer or officers, or employee for the pay of any legal services rendered after the passage of this act, the provisions of any existing statute to the contrary notwithstanding, excepting as above provided; provided, that whenever a district attorney in any county of this state shall, for any reason, become disqualified from conducting any criminal prosecution within such county, the attorney-general may employ special counsel to conduct such prosecution, and the attorney's fee in such case shall be a legal charge against the state; provided, further, that nothing herein contained shall be construed to prevent or deny the right of any board, officer, or officers or employee of the state to employ or engage counsel in any matter of the state, after first having obtained the written consent so to do of the attorney-general.

History: Enacted March 12, 1872; amended April 1, 1878, Code Amdts. 1877-8, p. 4; April 23, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 87; March 19, 1891, Stats. and Amdts. 1891, p. 135; March 16, 1895, Stats. and Amdts, 1895, p. 66; amendment became law under constitutional provision without governor's approval, March 4, 1907, Stats, and Amdts. 1907, p. 89, Kerr's Stats. and Amdts. 1906-7, p. 25; March 25, 1909, Stats. and Amdts. 1909, p. 751; April 3, 1911, Stats, and Amdts. 1911, p. 587; June 14, 1913, Stats. and Amdts. 1913, p. 945; May 14,

1917, Stats, and Amdts. 1917, p. 529. In effect July 27, 1917. 1. Compliance with this section is not a possible of performance by other than a prerequisite to the employment of an attor- licensed attorney.-U'Ren v. State Board of ney at law where the services required of Control, 31 Cal. App. 6, 159 Pac. 615. him are largely clerical in character and

$ 475. CLERKS, REPORTER AND STENOGRAPHERS OF ATTORNEY. GENERAL: SALARIES. The attorney-general may appoint two clerks, one phonographic reporter, one service agent, and six stenographers for his office.

[Salaries.] The annual salary of each of said clerks and of the phonographic reporter and of the service agent shall be one thousand eight hundred dollars; the annual salary of five of said stenographers shall be one thousand five hundred dollars; the annual salary of one of said stenographers shall be one thousand two hundred dollars. Said salaries shall be paid at the same time and in the same manner as the salaries of state officers are paid.

[Civil service officers.] The clerks, the phonographic reporter, the service agent, and the stenographers shall be civil executive officers.

[Who not civil service officers.] The service agent and two of said stenographers, to be designated by the attorney-general, shall be exempted from the provisions of the civil service act and shall hold their positions during the pleasure of the attorney. general,

History: Enacted March 16, 1889, Stats, and Amdts. 1889, p. 219; amended March 20, 1891, Stats. and Amdts, 1891, p. 181; March 16, 1895, Stats. and Amdts. 1895, p. 65; March 9, 1903, Stats. and Amdts. 1903, p. 107; amendment became law under constitutional provision without governor's approval March 4, 1907, Stats. and Amdts. 1907, p. 89, Kerr's Stats. and Amdts. 1906-7, p. 26; March 25, 1909, Stats, and Amdts. 1909, p. 752; April 3, 1911, Stats, and Amdts. 1911, p. 588; June 14, 1913, Stats. and Amdts. 1913, p. 946; June 4, 1915, Stats, and Amdts. 1915, p. 1166; May 14, 1917, Stats. and Amdts. 1917, p. 515. In effect July 27, 1917.

ARTICLE XVI.

A

INSURANCE COMMISSIONER.
$ 589. Salaries.
$ 591. Office of insurance commissioner.
8 596. Certificate to do business.
$ 597. Examination of affairs of company, when.
$ 602a[2]. How conditions of company shall be estimated.
$ 633. License to act as insurance agent.
8 633a. License to act as insurance broker [new].
§ 633b. Policy must contain true statement of premium and risk [new].

$ 589. SALARIES. The annual salary of the insurance commissioner is six thousand dollars and the annual salary of the deputy of the insurance commissioner is two thousand seven hundred dollars.

History: Enactment approved March 8, 1907, Stats. and Amdts. 1907, p. 141; re-enactment and amendment of section 682, original enacted March 12, 1872, as amended April 23, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 88, and section 629 as enacted March 12, 1872, and amended April 23, 1880, Code Amdts. 1880 (Pol. C. pt.), p. 88, and amended March 4, 1887, Stats, and Amdts. 1886-7, p. 12; repealed and present section enacted March 8, 1907, Stats, and Amdts. 1907, p. 141, Kerr's Stats. and Amdts. 1906-7, p. 28; amended June 1, 1917, Stats. and Amdts. 1917, p. 1667. In effect July 31, 1917.

8 591. OFFICE OF INSURANCE COMMISSIONER. The commissioner may procure suitable offices in the city of San Francisco for conducting the business of the insurance department. The commissioner shall, from time to time, furnish the necessary furniture, stationery, fuel, lights, printing and other conveniences and incur traveling and such other expenses and employ such assistance as may be necessary for the transaction of the business of his office. To defray the expenses of conducting the business of the insurance department there shall be set aside and reserved each and every year out of the funds paid into the state treasury by the insurance commissioner sixty thousand dollars as a special fund to be called the insurance commissioner's special fund. All expenditures authorized in this section must be audited by the board of control or other proper authorities who must allow the same and direct payment thereof to be made, and the controller shall draw warrants therefor on the state treasury for the payment of the same to the insurance commissioner out of the said insurance commissioner's special fund; except that there shall be a revolving fund, or petty cash fund, of five hundred dollars which may be used by the commissioner without first obtaining the approval of any other department or official; provided, however, that such expenditures must ultimately be audited by the board of control and paid for as prescribed by law.

History: Enactment approved March 8, 1907, Stats. and Amdts. 1907, p. 141, Kerr's Stats. and Amdts. 1906-7, p. 28, a substantial re-enactment of former section 630, enacted March 12, 1872, as amended March 4, 1887, Stats. and Amdts. 1886-7, p. 12; amended May 1, 1911, Stats. and Amdts. 1911, p. 1247; June 1, 1917, Stats. and Amdts. 1917, p. 1667. In effect July 31, 1917.

corporation would end ipso facto or be pre

vented from proceeding from continuing the 1. Capital stock must be paid up.-There

efforts to obtain the subscriptions.-Western is no warrant in the law that because of

States Life Ins. Co. v. Lockwood, 166 Cal. the failure to obtain fully paid up subscrip- •

185, 135 Pac. 496. tions for all the stock within a year the

§ 594.

n wouleeding fromtions.-Wes

8 596. CERTIFICATE TO DO BUSINESS. No company shall transact any insurance business in this state without first complying with all the provisions of the laws of this state and thereafter procuring from the insurance commissioner a certificate of authority and continuing to comply with the laws of this state. Every such certificate of authority shall expire on the first day of July after its issuance unless sooner revoked.

[Certificate not to be renewed if company is in arrears for taxes.] No certificate, of authority shall be granted or renewed to any company in arrears to the state, or to any county, city and county, city or town in the state, for fees, licenses, taxes, assessments, fines, or penalties, accrued on business previously transacted in the state, nor while said company is otherwise in default for failure to comply with any of the laws of this state regarding the governmental control of such company by the state.

No person, firm or corporation shall in this state act as agent, in any transaction of insurance on property located in this state, for any insurance company not authorized to transact such insurance in this state.

No person, firm or corporation within this state shall solicit, negotiate or effect any insurance of the kinds described in section five hundred ninety-four, marine insurance and insurance on the property of steam railroads or of other common carriers engaged in interstate trade excepted, on any property located in this state with companies not authorized to transact such business in this state, except by and through a surplus line broker upon the terms and conditions hereinafter stated.

[Surplus line broker.] When and only when the total amount of insurance, of kinds hereinbefore prohibited from being placed with unauthorized companies, desired on any property located within the state can not be procured from a majority of companies authorized to transact such kinds of insurance within the state, such remaining part of the insurance as can not be procured from a majority of such authorized com. panies may be procured from unauthorized companies by a surplus line broker, and by no other person.

[License for surplus line broker.] The insurance commissioner may issue a license authorizing any person, firm or corporation applying therefor, who is trustworthy and is competent to transact an insurance brokerage business in such manner as to safeguard the interest of the assured, to act as a surplus line broker from the date of such license until the first day of July succeeding, on the following conditions:

(a) Payment in advance to the insurance commissioner of a fee of twenty-five dollars.

(b) Delivery to the insurance commissioner of a bond to the State of California in the sum of five thousand dollars with sureties having the qualifications mentioned in section one thousand fifty-six and one thousand fifty-seven of the Code of Civil Procedure, conditioned that said licensee will fully and faithfully comply with the require. ments of section five hundred ninety-six of the Political Code.

[Duties of surplus line broker.] The following are the duties of a surplus line broker with which he is required to comply:

1. To maintain in good faith an office in this state.

2. To keep in said office a complete book of record of the business transacted by him, under his license as a surplus line broker, with unauthorized companies showing: The dates of such insurance going into effect; the names of the insurers and of the insured; the gross premium payable therefor; the terms and character of insurance and location of the insured property. Such book of record shall also contain statements in the same detail of all such insurance cancelled, or on which premiums have been increased or reduced and the amounts of additional or of return premiums thereon. Such books are to be open at all times for the inspection of, and examination by, the insurance commissioner or any one appointed by him for said purpose.

Before any insurance as herein before provided may be so procured or placed by a surplus line broker under authority of his license with unauthorized companies, such broker shall satisfy himself that the insurance to be placed by him with unauthorized companies is only such part of the insurance required as can not be procured from a majority of such authorized companies.

Whenever required so to do by the insurance commissioner, such surplus line broker shall furnish to said commissioner a list comprising a majority of the authorized companies from which the entire amount of insurance desired was not obtainable.

« 이전계속 »