BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 736|
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UNFINISHED BUSINESS
Bill No: SB 736
Author: Cannella (R)
Amended: 8/13/12
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 77-0, 8/16/12 - See last page for vote
SUBJECT : County road commissioner: Merced County
SOURCE : County of Merced
DIGEST : This bill, until January 1, 2018, authorizes the
Board of supervisors of Merced County to transfer the
duties of the county road commissioner to the county
director of the department of public works, as specified.
Assembly Amendments delete the Senate version of the bill
which dealt with the California State University, and
insert language to provide Merced County with the authority
to transfer Road Commissioner authority to its Public Works
Department.
ANALYSIS : 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.
CONTINUED
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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;
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D. By authorizing the county road commissioner or a
registered civil engineer under the direction of the
county 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.
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.
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.
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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."
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.
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FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/17/12)
County of Merced (source)
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR : 77-0, 08/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Cedillo, Furutani, Lara
PQ:n 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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