BILL NUMBER: AB 2364	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Walters

                        FEBRUARY 21, 2008

   An act to amend Section 1720.4 of the Labor Code, relating to
public works.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2364, as introduced, Walters. Public works: volunteers.
   Existing law defines "public works," for purposes of regulating
public works contracts, as, among other things, construction,
alteration, demolition, installation, or repair work done under
contract and paid for in whole or in part out of public funds.
Pursuant to existing law, all workers employed on public works shall
be paid not less than the general prevailing rate of per diem wages
for work, except for public works projects of $1,000 or less, or
except for any work performed by a volunteer, a volunteer
coordinator, or by members of the California Conservation Corps or of
certified Community Conservation Corps.
   This bill would make technical, nonsubstantive changes to the
provisions relating to the definition of "volunteer."
   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 1720.4 of the Labor Code is amended to read:
   1720.4.  (a) This chapter shall not apply to any of the following
work:
   (1) Any work performed by a volunteer. For purposes of this
section, "volunteer" means an individual who performs work for civic,
charitable, or humanitarian reasons for a public agency or
corporation qualified under Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, without promise, expectation, or
receipt of any compensation for work performed.
   (A) An individual  shall be  is 
considered a volunteer only when his or her services are offered
freely and without pressure and coercion, direct or implied, from an
employer.
   (B) An individual may receive reasonable meals, lodging,
transportation, and incidental expenses or nominal nonmonetary awards
without losing volunteer status if, in the entire context of the
situation, those benefits and payments are not a substitute form of
compensation for work performed.
   (C) An individual  shall not be   is not
 considered a volunteer if the person is otherwise employed for
compensation at any time (i) in the construction, alteration,
demolition, installation, repair, or maintenance work on the same
project, or (ii) by a contractor, other than a corporation qualified
under Section 501(c)(3) of the Internal Revenue Code as a tax-exempt
organization, that is receiving payment to perform construction,
alteration, demolition, installation, repair, or maintenance work on
the same project.
   (2) Any work performed by a volunteer coordinator. For purposes of
this section, "volunteer coordinator" means an individual paid by a
corporation qualified under Section 501(c)(3) of the Internal Revenue
Code as a tax-exempt organization, to oversee or supervise
volunteers. An individual may be considered a volunteer coordinator
even if the individual performs some nonsupervisory work on a project
alongside the volunteers, so long as the individual's primary
responsibility on the project is to oversee or supervise the
volunteers rather than to perform nonsupervisory work.
   (3) Any work performed by members of the California Conservation
Corps or of Community Conservation Corps certified by the California
Conservation Corps pursuant to Section 14507.5 of the Public
Resources Code.
   (b) This section shall apply retroactively to otherwise covered
work concluded on or after January 1, 2002, to the extent permitted
by law.
   (c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted statue,
 which   that  is enacted before January
1, 2009, deletes or extends that date.