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AB-819 County roads: county road commissioners.(2013-2014)

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AB819:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 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   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.