BILL ANALYSIS �
SENATE GOVERNANCE & FINANCE COMMITTEE
Senator Lois Wolk, Chair
BILL NO: SB 736 HEARING: 8/22/12
AUTHOR: Cannella FISCAL: No
VERSION: 8/13/12 TAX LEVY: No
CONSULTANT: Weinberger
MERCED COUNTY'S ROAD COMMISSIONER
Allows Merced County to make the county director of public
works responsible for the county road commissioner's
duties, regardless of whether the director is a civil
engineer.
Background and Existing Law
State law creates the office of road commissioner in each
county and, except in San Francisco, requires that every
person who is appointed as a road commissioner must be a
civil engineer. A road commissioner must annually submit
to the county board of supervisors a tentative road budget
covering all proposed expenditures for county road
purposes. In conformity with the board of supervisors'
adopted policies and budget, the road commissioner manages
personnel, equipment, and expenditures related to county
road work.
Any county can abolish the office of road commissioner if
the board transfers all of the road commissioner's duties
to the county director of transportation (AB 807,
Carpenter, 1975). The director of transportation is not
required to have any special permit, registration, or
license. Any civil engineering functions which 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.
The Orange County Board of Supervisors can abolish the
office of road commissioner if the board of supervisors
transfers all of the road commissioner's duties to an
environmental management agency (AB 247, Hayden, 1979).
The environmental management agency's director is not
required to have any special permit, registration, or
license. Any civil engineering functions which are
SB 736 -- 8/13/12 -- Page 2
required to be performed by the road commissioner must be
performed by a registered civil engineer acting under the
authority of the agency's director.
A county can create an office entitled public works
director, combining the duties of road commissioner and
surveyor and any other compatible duties not legally
required to be performed by another county officer. Merced
County officials want to consolidate the office of road
commissioner with the office of the public works director
regardless of whether the public works director is a
registered civil engineer.
Proposed Law
Senate Bill 736 allows the Merced County Board of
Supervisors to abolish the office of road commissioner if
it transfers all of the road commissioner's duties to the
county director of the department of public works. SB 736
provides that the director of the department of public
works is not required to have any special permit,
registration, or license. The bill requires that 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 the department of public works.
SB 736's provisions will remain in effect only until
January 1, 2018, and as of that date are repealed, unless a
later enacted statute, that is enacted before January 1,
2018, deletes or extends that date.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill . Because Merced County's recently
retired public works director was a registered engineer,
the County also was able to appoint him to the office of
road commissioner. As the County seeks to hire a
replacement, it wants the flexibility to keep the road
commissioner's responsibilities consolidated with the
department of public works, regardless of whether the new
SB 736 -- 8/13/12 -- Page 3
public works director is a registered engineer. By
allowing Merced County to consolidate functions of the
county road commissioner and public works department under
a public works director who is not a registered engineer,
SB 736 mirrors similar authority the legislature granted to
counties in AB 807 (Carpenter, 1975) and AB 247 (Hayden,
1979).
2. Home rule . California's 44 general law counties,
including Merced County, must adhere to the state laws that
govern counties. With majority voter approval, a county
can adopt, amend, or repeal a charter that grants it home
rule authority over specified matters, including county
officers' qualifications and county office consolidations.
By adopting a county charter, local voters can empower
their county supervisors to appoint a director of public
works to act as the county road commissioner and determine
what qualifications a person must meet to be appointed.
They don't need to wait for the Legislature to act. The
Committee may wish to consider whether Merced County voters
should get to decide whether the responsibility for
performing Merced County's road commissioner functions
should be transferred to the director of public works
regardless of whether the director is a registered civil
engineer.
3. Special legislation . The California Constitution
prohibits special legislation when a general law can apply
(Article IV, �16). SB 736 contains findings and
declarations explaining the need for legislation that
applies only to Merced County.
4. Gut-and-amend . When the Senate passed SB 736 on May
19, 2011, the bill revised a statute related to financial
statement and compliance audits in the California State
University system. The June 4, 2012 Assembly amendments
deleted that language and converted the bill into a measure
allowing Merced County to transfer its road commissioner's
duties to the director of its public works department.
Because this topic was never heard in the Senate, the
Senate Rules Committee has referred the amended bill under
Senate Rule 29.10 to the Senate Governance and Finance
Committee for a hearing on the Assembly's amendments. At
its August 22 hearing, the Committee has four choices:
Send the bill back to the Senate Floor, recommending
concurrence.
SB 736 -- 8/13/12 -- Page 4
Send the bill back to the Senate Floor, recommending
nonconcurrence.
Send the bill back to the Senate Floor, without
recommendation.
Hold the bill.
Assembly Actions
Assembly Local Government Committee: 9-0
Assembly Floor: 77-0
Support and Opposition (8/20/12)
Support : Merced County.
Opposition : Unknown.