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[In force, when.] Sec. 3. This act shall be in force from and after its final passage.
History: Enacted March 22, 1907, Stats. and Amdts. 1907, p. 891.
[A new chapter is hereby added to Title V of Part III of the Political Code, to be known as Chapter IVa, and to read as follows:]
STATE COMMISSION OF HORTICULTURE.
§ 2319. Commissioner, secretary and deputy $ 2319e. United States officials, co-operation commissioner.
with. § 2319a. Commissioner, duties of.
8 2319f. County boards of horticulture. § 2319b. Quarantine regulations.
§ 2319g. Printing of reports. 2319c. Infectious diseases.
§ 2319h. Reports to governor. $ 2319d. Reports to county boards of horti- $ 2319i. Misdemeanors. culture.
§ 2319j. Expenses, how paid. $ 2319. COMMISSIONER, SECRETARY AND DEPUTY COMMISSIONER. The state commissioner of horticulture of California shall be a citizen and resident of this state, and the term of his office shall be for four years, and until a successor is appointed and qualified. The governor may remove such commissioner from office at any time, upon filing with the secretary of state a certificate of removal signed by the governor. In case of a vacancy in said office by death, resignation, removal from office, or other cause, the governor shall fill the vacancy for the unexpired term.
The salary of said commissioner shall be two hundred and fifty dollars per month, and he shall be allowed in addition a sum not to exceed five hundred dollars yearly for traveling and incidental expenses necessary in the discharge of his duties.
Such commissioner may appoint a secretary, who shall be versed in horticulture and entomology, and who shall be an experienced compiler of reports, bulletins and such publications as may issue from said commission from time to time, and who shall perform all such duties as may be required of him by such commissioner.
[Salary of secretary.] Such secretary shall receive a salary of twenty-one hundred dollars per annum. In appointing such commissioner and his successor or successors, it shall be the duty of the governor to disregard political affiliations, and to be guarded in his selection entirely by the professional and moral qualifications of the person so selected for the performance of the duties of said office.
[Office hours.] The office of said commissioner shall be kept open every day except holidays, and shall be in charge of the secretary during the absence of such commissioner.
The main office of such commissioner shall be at the city of Sacramento. The secretary of state shall furnish and set aside in the capitol a room or rooms suitable for offices for said commissioner, and if the secretary of state shall make and file an affidavit with the said commissioner stating that it is not possible for him, as such secretary of state, to provide and set aside an office for said commissioner in the capitol or in any state building under his control, because there is no such office room or rooms available, then, and after
the making and delivery of such affidavit to such commissioner, the said commissioner may rent rooms convenient and suitable for his offices at a rental not to exceed five hundred dollars per year.
[Deputy commissioner-Salary.] Said commissioner may also keep and maintain an office in the city and county of San Francisco at a yearly rental not to exceed the sum of five hundred dollars, and may appoint a deputy commissioner who shall be an expert entomologist and horticulturist, to have charge of said office under said commissioner, and to perform any and all duties which said commissioner may require of him under this chapter, and shall fix the monthly compensation of such deputy at two hundred dollars per month. Such deputy shall hold this position during the pleasure of such commissioner, and may be removed from his office or position at any time by said commissioner's filing with the secretary of state a certificate signed by said commissioner so removing such deputy.
[Temporary deputies.] Said commissioner may also appoint, by and with the approval of the governor, such temporary deputies from time to time as may be required for quarantine purposes under this chapter, and such temporary deputies shall receive such compensation per diem as may be specified in the writing so approving such appointment.
History: Enacted March 21, 1907, Stats, and Amdts. 1907, p. 796. $ 2319a. COMMISSIONER, DUTIES OF. Said commissioner shall collect books, pamphlets and periodicals and other documents containing information relating to horticulture, and shall preserve the same; collect statistics and other information showing the actual condition and progress of horticulture in this state and elsewhere; correspond with horticultural societies, colleges and schools, and with county boards of horticulture existing or that may exist in this state, and with all other persons necessary to secure the best results to horticulture in this state. He shall require reports from county boards of horticulture in this state, and may print the same or any part thereof as he may select, either in the form of bulletins or in his annual report, or both, as he shall deem proper.
[To issue bulletins.] He shall issue and cause to be printed and distributed to county boards of horticulture in this state, and to all other persons whom he may deem proper, bulletins or statements containing all the information best adapted to promote the interest and protect the business and development of horticulture in this state. Such commissioner shall be deemed to be the state horticultural quarantine officer mentioned in chapter seventy-six of the laws of eighteen hundred and ninety-nine for the purposes of that act, and shall be empowered to perform the duties which under that act are to be performed by the state horticultural quarantine officer; provided, that any inspection therein authorized, when made by such commissioner, must be with the approval of the governor, and as provided by this chapter.
History: Enacted March 21, 1907, Stats, and Amdts. 1907, p. 797. $ 2319b. QUARANTINE REGULATIONS. Said commissioner may, by and with the approval of the governor, establish, maintain and enforce such quarantine regulations as may be deemed necessary to protect the nurseries, trees, shrubs, plants, vines, cuttings, grafts, cions, buds, fruit-pits, fruit, vege
tables, or other articles of horticulture, against contagion or infection by injurious disease, insects or pests, by establishing such quarantine at the boundaries of this state or elsewhere within the state, and he may make and enforce, with the approval of the governor, any and all such rules and regulations as may be deemed necessary to prevent any infected stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable, or other article of horticulture, from passing over any quarantine line established and proclaimed pursuant to this chapter, and all such articles shall, during the maintenance of such quarantine, be inspected by such commissioner or by a deputy appointed in writing by said commissioner with the approval of the governor, and he or the deputy so conducting such inspection shall not permit any such article to pass over such a quarantine line during such quarantine, except upon a certificate of inspection signed by such commissioner or in his name by such a deputy who has made such inspection, unless such article has been immediately prior to such passage inspected by an officer or agent of the United States entitled to inspect the same, and such officer or agent has granted permission for such passage. All approvals by the governor given or made pursuant to this chapter shall be in writing and signed by the governor in duplicate and one copy thereof shall be filed in the office of the secretary of state and the other in the office of said commissioner before such approval shall take effect.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 798. $ 2319c. INFECTIOUS DISEASES. Upon information received by such commissioner of the existence of any infectious disease, insect or pest, dangerous to any such article, or to the interests of horticulture within this state, or that there is a probability of the introduction of any such infectious disease, insect or pest into this state or across the boundaries thereof, he shall proceed to thoroughly investigate the same, and
[Establish quarantine.] May, by and with the approval of the governor, establish, maintain and enforce quarantine as in this chapter provided, with such regulations as may be necessary to circumscribe and exterminate or eradicate such infectious diseases, insects or pests, and prevent the extension thereof, and is hereby authorized to enter upon any grounds or premises, and inspect any stock, tree, shrub, plant, vine, cutting, graft, cion, bud, fruit-pit, fruit, vegetable or other article of horticulture or implement thereof, or box or package pertaining thereto, or connected therewith or that has been used in packing, shipping or handling the same, and to open any such package, and generally to do, with the least injury possible under the conditions to property or business, all acts and things necessary to carry out the provisions of this chapter.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 798. $ 2319d. REPORT TO COUNTY BOARDS OF HORTICULTURE. Upon the discovery of any such infectious disease, insects, or pests, such commissioner shall immediately report the same to all county boards of horticulture, together with a statement as to the best known means or method for circumscribing, exterminating or eradicating the same, and shall state therein specifically what treatment or method should be applied in each case, as the matter may require, with a detailed statement or prescription as to the method of making or procuring, and of applying any preparation or treatment so recommended therefor, and the times and duration for such treatment, and if chemicals or articles be required other than those usually obtainable at any town, the place or places where they are most readily to be obtained;
[Duty of county boards.] And upon the receipt of such statement by any county board of horticulture or any member thereof, it shall be the duty of such county board of horticulture to distribute such statement in printed form to every person owning or having charge or possession of any orchard, nursery, stock, tree, shrub, or article of horticulture within their county, where it is supposed by said county board there is any danger to the interests of horticulture, and such a statement must be served with or be a part of the notice to be given to the owner or owners or person or persons, in possession of any orchard, nursery, tree, shrub, or article of horticulture, referred to. provided for, and required to be served in and by section two of chapter one hundred and eighty-three of the laws of eighteen hundred and ninety-seven, or any amendments which have been or may be made thereto.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 799. $ 2319e. UNITED STATES OFFICIALS, CO-OPERATION WITH. Whenever it shall become necessary, to establish quarantine under this act, if there be any authorities or officers of the United States having authority to act in such matter, or any part thereof, the said state commissioner of horticulture shall notify such authority or officers of the United States and co-operate as far as possible with such authorities or officers of the United States wheresoever the jurisdiction of the United States extends and is being exercised, and shall obtain, whenever desirable and possible, the assent of the proper authority or officers of the United States to the establishment or change of quarantine lines, so as most effectively and speedily to accomplish the purposes of this chapter. The said commissioner shall at once notify the governor of all quarantine lines established under or pursuant to this act, and if the governor approve or shall have approved of the same or any portion thereof, the governor shall issue his proclamation proclaiming the boundaries of such quarantine, and the nature thereof, and the orders, rules or regulations prescribed for the maintenance and enforcement of the same, and shall publish such proclamations in such manner as he may deem expedient to give proper notice thereof.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 799.
$ 2319f. COUNTY BOARDS OF HORTICULTURE. The said state commissioner shall be ex officio a member of all county boards of horticulture existing or that may be created or exist in this state pursuant to law, whenever he is present and acting with said county board within the county where such county board exists, but when he is not so present in such a county, acting with such county board, then the said county board shall have all the power and authority conferred on it by law and may exercise such power by the action of the members of such county board or a majority thereof. The reports which county boards of horticulture are required by law to make, or which they may desire to make, shall be made to the state commissioner of horticulture.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 800.
$ 2319g. PRINTING OF REPORTS. It shall be the duty of the superintendent of state printing to print and deliver to the state commissioner of horticulture, upon the written request of said commissioner, all such bulletins, orders, rules, regulations, statements, reports and other printed matter, as the said commissioner may deem necessary to have and use for carrying out the purposes of this chapter, and it shall be the duty of the secretary of state to cause to be prepared and furnished to such state commissioner all stationery, paper, blank forms, envelopes, and writing material needful and convenient for use in the office of such commissioner.
History: Enacted March 21, 1907, Stats, and Amdts. 1907, p. 800. $ 2319h. REPORTS TO GOVERNOR. It shall be the duty of said state commissioner to report in the month of January in each even-numbered year to the governor, and in each odd-numbered year to the legislature of this state, such matters as he may deem expedient or as may be required either by the governor or legislature, and to include a statement of all the persons employed, and of moneys expended under the provisions of this chapter, by itemized statement thereof.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 800. $ 2319i. MISDEMEANORS. Any person wilfully refusing to comply with orders lawfully made under and pursuant to this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not to exceed five hundred dollars.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 800. $ 2319j. EXPENSES, HOW PAID. All moneys paid under the provisions of this chapter shall be paid by the state treasurer from moneys appropriated for the support of the state commissioner of horticulture, and expenses other than the salary of the commissioner, the compensation of his secretary and deputy commissioner as allowed and provided by this chapter, must be certified by the said commissioner and be approved by the state board of examiners before being audited or paid.
History: Enacted March 21, 1907, Stats. and Amdts. 1907, p. 800.
[A new chapter is hereby added to Title V of Part III of the Political Code, to be known as Chapter IVb, and to read as follows:]
COUNTY BOARDS OF HORTICULTURE.
$ 2322. Appointment of members of boards. $ 2322b. Local districts and inspectors. Quar$ 2322a. Inspection of places infested by fruit
antine guardians. pests, and proceedings to abate $ 2322c. Reports of boards. nuisances created thereby.
$ 2322d. Salaries and expenses.
$ 2322e. Records of boards. $ 2322. APPOINTMENT OF MEMBERS OF BOARDS. Whenever petition is presented to the board of supervisors of any county, and signed by twenty-five or more persons, each of whom is a resident freeholder and possessor of an orchard, stating that certain or all orchards, or nurseries, or trees