BILL NUMBER: AB 819	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 2006 of the Streets and Highways Code is
amended to read:
   2006.  (a) The board of supervisors of each county shall appoint a
single road commissioner for all road districts in the county. Every
person who is appointed road commissioner after December 31, 1965,
shall be a registered civil engineer. However, the City and County of
San Francisco may appoint a person road commissioner who is not a
registered civil engineer.  Any   A  person
appointed road commissioner on or before December 31, 1965, need not
be a registered civil engineer if he or she is approved by the board
of supervisors as qualified and competent to handle the road and
highway work of the county.  Any   A 
person who is a road commissioner in  any   a
 county on December 31, 1965, need not be a registered civil
engineer to be appointed road commissioner of another county after
December 31, 1965. After October 1, 1952,  no  
a  person shall  not  be appointed road commissioner
until the board of supervisors holds a public hearing on the
qualifications of the candidate or candidates for the position of
road commissioner. At least 14 days but not more than 30 days
 prior to   before  the hearing, notice of
the hearing shall be posted at the county courthouse and published at
least once in a newspaper of general circulation in the county.
Nothing in this section precludes one person from serving two or more
counties. An elective county official shall not be appointed road
commissioner after October 1, 1952, unless the official is holding
the position of road commissioner on that date. The road commissioner
is, at all times, under the direction and supervision of the board
of supervisors but may be dismissed, after a hearing, only upon a
majority vote of the board  of supervisors  . This
subdivision  does   shall  not apply in
chartered counties whose charter requires the county surveyor to
perform the duties of, or exercise the powers conferred by law on,
the road commissioner.
   (b) Each county shall furnish evidence to the Controller that it
has complied with this section.
   (c) Neither the Controller nor any other state officer shall make
any allocations or payments to  any   a 
county from the Highway Users Tax Account in the Transportation Tax
Fund until the county has complied with the requirements of this
section; except that, if a vacancy occurs in the office of road
commissioner of a county, the allocations or payments to the county
shall not be suspended pursuant to this section unless the county has
not appointed a new road commissioner in accordance with this
section within 180 days from the date the vacancy first occurred.
   (d) The 180-day time limit is contingent on the condition that
there be a qualified acting road commissioner functioning during the
interim period under direct appointment by the board of supervisors.