BILL ANALYSIS Ó
SB 736
Page 1
SENATE THIRD READING
SB 736 (Cannella)
As Amended August 13, 2012
Majority vote
SENATE VOTE : Vote not relevant
LOCAL GOVERNMENT 9-0
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|Ayes:|Smyth, Alejo, Bradford, | | |
| |Campos, Davis, Gordon, | | |
| |Hueso, Knight, Norby | | |
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SUMMARY : Authorizes the Board of Supervisors of Merced County
(Board) to transfer the duties of the county road commissioner
to Merced County's Department of Public Works, as specified.
Specifically, this bill :
1)Allows, notwithstanding any other provision of law, the Board
to abolish the office of road commissioner if the Board
transfers all duties of the road commissioner to the County
Director of the Department of Public Works (Department).
2)Provides that the director of that Department shall not be
required to have any special permit, registration, or license,
and provides that any civil engineering functions that are
required to be performed by the road commissioner shall be
performed by a registered civil engineer acting under the
authority of the director of that Department.
3)Specifies that the provisions of the bill shall remain in
effect only until January 1, 2018, and as of that date are
repealed.
4)Finds and declares that a special law is necessary and that a
general law cannot be made applicable because of the
particular needs of Merced County.
EXISTING LAW :
1)Provides for the appointment of a road commissioner in each
county by the board of supervisors, with specified powers and
duties relating to county roads.
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2)Requires a road commissioner appointed after December 31,
1965, to be a registered civil engineer.
3)Allows the City and County of San Francisco to appoint a
person as road commissioner who is not a registered civil
engineer.
4)Requires, after October 1, 1952, the board of supervisors to
hold a public hearing on the qualifications of the candidate
or candidates for the position of road commissioner.
5)Provides for exceptions to this requirement in cases in which
the duties of the road commissioner have been transferred by
the board of supervisors to the county director of
transportation or another authorized person.
6)Authorizes the Orange County Board of Supervisors to transfer
the duties of the county road commissioner to a county
environmental management agency.
7)Requires the road commissioner to prepare a tentative road
budget covering all proposed expenditures for the ensuing
fiscal year for county road purposes, and submit that budget
to the board of supervisors.
8)Specifies that a county board of supervisors is authorized to
direct a road commissioner or a registered civil engineer
under the direction of the county director of transportation
to have any work upon county highways done in one of five
ways:
a) By letting a contract covering both work and material,
with the contract let to the lowest responsible bidder;
b) By purchasing the material and letting a contract for
the performance of the work, with the material bought at
the lowest possible cost and the contract let to the lowest
responsible bidder;
c) By purchasing the material and having the work done by
day labor, in which case advertising for bids is not
required;
d) By authorizing the county road commissioner or a
registered civil engineer under the direction of the county
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director of transportation to execute changes for any
contract in an amount not to exceed $5,000 for contracts of
$50,000 or less, or 10% for contracts over $50,000 but not
to exceed $250,000. For contracts whose original cost
exceeds $250,000, the extra cost for any change or addition
to the work so ordered cannot exceed $25,000, plus 5% of
the amount of the original contract costs in excess of
$250,000; or,
e) By purchasing the material and letting a contract for
the work or by letting a contract covering both work and
material without advertising for bids when the estimated
cost
of emergency work necessitated by the imminence or occurrence
of a landslide, flood, storm damage, or other emergency
exceeds $25,000 and the public interest and necessity
demand immediate action to safeguard life, health, or
property.
FISCAL EFFECT : None
COMMENTS : Current law requires the appointment of a road
commissioner in each county by the board of supervisors, and
requires the road commissioner to be a registered civil
engineer. However, a board of supervisors may abolish the
office of road commissioner if the board transfers all duties of
the road commissioner to the county director of transportation.
In that case, the director of transportation is not required to
have any special permit, registration, or license, but any civil
engineering functions that are required to be performed by the
road commissioner must be performed by a registered civil
engineer acting under the authority of the director of
transportation.
Current law also allows several exceptions to these provisions.
For instance, Orange County is authorized to abolish the office
of road commissioner if the board of supervisors transfers all
duties of the road commissioner to an environmental management
agency. However, any civil engineering functions required to be
performed by the road commissioner must be performed by a
registered civil engineer acting under the authority of the
director of that environmental agency. This exemption became
law because of the "unique and special problems of county road
management in Orange County due to the extent of municipal
incorporation found in the county."
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Current law also allows the City and County of San Francisco to
appoint a road commissioner who is not a registered civil
engineer.
This bill, sponsored by Merced County, allows, in spite of other
provisions of law governing the appointment of road
commissioners, the Merced County Board of Supervisors to abolish
the office of road commissioner if the Board transfers all the
duties to the County's Department of Public Works. The bill's
provisions specify that the director of that Department is not
required to have any special permit, registration, or license;
however, any civil engineering functions normally required of
the road commissioner must be performed by a registered civil
engineer acting under the authority of the director of that
Department.
According to Merced County, the position of road commissioner
has been under the Public Works Department with the previous
director serving as the road commissioner, who was also an
engineer. Merced County notes that they may end up hiring an
engineer or architect for the permanent department head, but
would like to maintain flexibility with the recruitment, in
order to streamline and consolidate departmental functions,
where possible.
Recent amendments add in a sunset date of January 1, 2018,
thereby repealing the provisions of the bill on that date.
Support arguments: This bill gives Merced County flexibility in
recruiting a new road commissioner and allows for the
consolidation of two departments.
Opposition arguments: None on file.
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958
FN: 0004734
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