BILL ANALYSIS �
SB 736
Page 1
Date of Hearing: June 27, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 736 (Cannella) - As Amended: June 4, 2012
SENATE VOTE : Vote not relevant
SUBJECT : County road commissioner: Merced County.
SUMMARY : Authorizes the Board of Supervisors of Merced County
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
of Supervisors (Board) of Merced County to abolish the office
of road commissioner if the Board transfers all duties of the
road commissioner to the County's 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)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.
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.
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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
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
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$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 :
1)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.
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2)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.
3)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.
4)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.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Merced �SPONSOR]
Opposition
None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958