3974

Cub. yds.

1896.
6,000 Jan. 7

722
5. yds. Cub.yds.

APPENDIX B.

CHAPTER CXIII.

AN ACT to amend an act entitled "An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March 24, 1893.

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. Section one of the act entitled "An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner," approved March twenty-fourth, one thousand eight hundred and ninety-three, is hereby amended so as to read as follows:

"SECTION 1. The Governor of the State of California shall, on or before the first day of January, one thousand eight hundred and ninety-eight, appoint a competent civil engineer, for a period of four years only, to be known as and called the Débris Commissioner: Provided, however, That the Débris Commissioner heretofore appointed under the act entitled 'An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such commissioner,' approved March twenty-fourth, eighteen hundred and ninety-three, shall continue to perform the duties and receive the compensation of that office, subject to the provisions of this act, until the expiration of the term for which he was appointed and until the appointment and qualification of the Débris Commissioner provided for by this act." SEC. 2. Section two of said act is hereby amended so as to read as follows: "SECTION 2. Said commissioner shall receive a compensation of ten dollars per day while actually engaged in the discharge of his duties, and his necessary traveling expenses, to be allowed by the State Board of Examiners."

SEC. 3. Section three of said act is hereby amended so as to read as follows: "SECTION 3. It shall be the duty of the said Débris Commissioner to consult and advise with the members of the corps of engineers of the United States Army comprising the California Débris Commission (created by act of Congress approved March first, eighteen hundred and ninety-three), in relation to the construction of works for the restraining and impounding of débris resulting from mining operations, natural erosion, or other causes; and it shall be his duty to examine such works, and to report the result of such examination to the State Board of Examiners. Said Débris Commissioner is further authorized and directed to consult and advise with said 'California Débris Commission' in relation to any and all plans and specifications that may have been or may hereafter be prepared or adopted by said 'California Débris Commission' for the construction of such restraining or impounding works, and said Débris Commissioner shall submit a copy of all such plans and specifications to the State Board of Examiners for their examination and consideration, together with his approval or disapproval thereof, or other recommendation with reference thereto.

"The State Board of Examiners shall thereupon proceed to examine and consider the plans and specifications thus submitted to them, and in that behalf may require the attendance, counsel, and advice of said Débris Commissioner during their examination and consideration thereof. The State Board of Examiners shall keep a record of their deliberations, and shall either approve or disapprove said plans and specifications, which approval or disapproval may be by a majority vote of said board: Prorided, That no plans and specifications involving an expenditure on the part of the State of California of a sum greater than the appropriation herein made shall be approved.

"If said plans and specifications be approved by the State board of examiners, the said Débris Commissioner shall thereupon report such action to said 'California Débris Commission.'

"Whenever said 'California Débris Commission' or the Government of the United States shall have entered into any contract for the construction of works for the purposes described in this act, in pursuance of plans and specifications that have been theretofore approved by the State board of examiners as in this act provided, it shall then be the duty of the Débris Commissioner to carefully inspect such works during the process of their construction, and to keep a record of the result of such inspection, and to report the same monthly to the State board of examiners. Said Débris Commissioner shall also, from time to time, during the process of the construction of such works, when requested so to do by the said California Débris Commission,' draw his warrants upon the State controller in favor of such person or persons as may be designated by said 'California Débris Commission' for such amounts as shall equal one-half of the cost of the construction of said works; and said Débris Commissioner shall, in like manner, and when requested so to do by said

'California Débris Commission,' draw his warrant upon the State controller for an amount equal to one-half the purchase price of any site or sites necessary for the construction of said works: Provided, That the purchase of such site or sites shall have been first approved by the State board of examiners: And provided further, That no warrant shall be drawn in excess of the amount appropriated by this act." SEC. 4. Section four of said act is hereby amended so as to read as follows: "SECTION 4. There is hereby appropriated, out of the general fund of the treasury of this State not otherwise appropriated, the sum of two hundred and fifty thousand dollars, to be used in the construction of works for the restraining and impounding of débris resulting from mining operations, natural erosion, or other causes, and for the purpose of sites therefor. The appropriation made by this section is intended as a reappropriation of the sum of two hundred and fifty thousand dollars appropriated by the act entitled 'An act to provide for the appointment, duties, and compensation of a Débris Commissioner, and to make an appropriation to be expended under his directions in the discharge of his duties as such Commissioner,' approved March twenty-fourth, eighteen hundred and ninety-three; and it is expressly intended and provided by this act that the State of California shall in no event incur any liability hereunder beyond the amount of the appropriation herein made; and no contractor, claimant, or person shall acquire any right or obligation against the State of California beyond said sum so appropriated and set apart for the purposes hereinabove set forth; and it is expressly declared that any claim or demand against the State of California in excess of said appropriation shall be invalid and void. Said moneys shall be paid only upon orders drawn by the State controller upon the written request of said Debris Commissioner, as in the act provided.

SEC. 5. Section seven of said act is hereby amended so as to read as follows: "SECTION 7. All expenditures authorized by the provisions of this act shall be subject to the approval of the State board of examiners; and the State controller is hereby authorized to draw his warrant for all expenditures not in excess of the appropriation herein provided for so approved by the State board of examiners, and the State treasurer is hereby directed to pay the same." SEC. 6. This act shall take effect immediately.

SEC. 7. This act shall take effect immediately.
Approved, March 17, 1897.