BILL NUMBER: AB 2098	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 23, 2012

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2098, as introduced, Jones. County road commissioners.
   Existing law 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. Existing law 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.
   This bill would make nonsubstantive changes to these provisions.
   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   Except as otherwise
provided in this chapter, 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
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 person who is a road
commissioner in any 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
person shall 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 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. This subdivision does 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 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.