California Legislature—2013–14 Regular Session

Assembly BillNo. 819


Introduced by Assembly Member Wilk

February 21, 2013


An act to amend Section 2006 of the Streets and Highways Code, relating to county roads.

LEGISLATIVE COUNSEL’S DIGEST

AB 819, as introduced, Wilk. County roads: county road commissioners.

Existing law requires the appointment of a single road commissioner in each county by the county board of supervisors, with specified powers and duties relating to county roads, and authorizes the abolishment of the office of road commissioner if the county board of supervisors transfers all duties of the road commissioner to the county director of transportation or another authorized person, as specified.

This bill would make nonsubstantive changes to the provision requiring appointment of a single road commissioner.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 2006 of the Streets and Highways Code
2 is amended to read:

3

2006.  

(a) The board of supervisors of each county shall appoint
4a single road commissioner for all road districts in the county.
5Every person who is appointed road commissioner after December
631, 1965, shall be a registered civil engineer. However, the City
P2    1and County of San Francisco may appoint a person road
2commissioner who is not a registered civil engineer.begin delete Anyend deletebegin insert Aend insert person
3appointed road commissioner on or before December 31, 1965,
4need not be a registered civil engineer if he or she is approved by
5the board of supervisors as qualified and competent to handle the
6road and highway work of the county.begin delete Anyend deletebegin insert Aend insert person who is a road
7commissioner inbegin delete anyend deletebegin insert aend insert county on December 31, 1965, need not
8be a registered civil engineer to be appointed road commissioner
9of another county after December 31, 1965. After October 1, 1952,
10begin delete noend deletebegin insert aend insert person shallbegin insert notend insert be appointed road commissioner until the
11board of supervisors holds a public hearing on the qualifications
12of the candidate or candidates for the position of road
13commissioner. At least 14 days but not more than 30 daysbegin delete prior
14toend delete
begin insert beforeend insert the hearing, notice of the hearing shall be posted at the
15county courthouse and published at least once in a newspaper of
16general circulation in the county. Nothing in this section precludes
17one person from serving two or more counties. An elective county
18official shall not be appointed road commissioner after October
191, 1952, unless the official is holding the position of road
20commissioner on that date. The road commissioner is, at all times,
21under the direction and supervision of the board of supervisors but
22may be dismissed, after a hearing, only upon a majority vote of
23the boardbegin insert of supervisorsend insert. This subdivisionbegin delete doesend deletebegin insert shallend insert not apply in
24chartered counties whose charter requires the county surveyor to
25perform the duties of, or exercise the powers conferred by law on,
26the road commissioner.

27(b) Each county shall furnish evidence to the Controller that it
28has complied with this section.

29(c) Neither the Controller nor any other state officer shall make
30any allocations or payments tobegin delete anyend deletebegin insert aend insert county from the Highway
31Users Tax Account in the Transportation Tax Fund until the county
32has complied with the requirements of this section; except that, if
33a vacancy occurs in the office of road commissioner of a county,
34the allocations or payments to the county shall not be suspended
35pursuant to this section unless the county has not appointed a new
36road commissioner in accordance with this section within 180 days
37from the date the vacancy first occurred.

38(d) The 180-day time limit is contingent on the condition that
39there be a qualified acting road commissioner functioning during
P3    1the interim period under direct appointment by the board of
2supervisors.



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