BILL ANALYSIS                                                                                                                                                                                                    






                                                       Bill No:  AB  
          127
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2009-2010 Regular Session
                                 Staff Analysis



          AB 127  Author:  Jeffries
          As Amended:  January 4, 2010
          Hearing Date:  June 9, 2010
          Consultant:  Chris Lindstrom


                                     SUBJECT  

            Volunteer service:  Office of California Volunteers and  
                       California Volunteers Commission.

                                   DESCRIPTION
           
          AB 127 repeals the Office for Citizen Initiative and  
          Voluntary Action (OCIVA) and establishes the Office of  
          California Volunteers (Office) within the Governor's  
          Office.  

          Specifically, this bill: 

          1)Specifies the duties and responsibilities of the Office.

          2)Requires the Office, in cooperation with the Health and  
            Human Services Agency, the California Emergency  
            Management Agency (CEMA), and nonprofit volunteer  
            organizations, to ensure the coordination of volunteer  
            activities related to disaster response and recovery,  
            including necessary training, equipment, and  
            transportation provisions. 

          3)Requires the Office to coordinate monetary donations  
            during times of disaster in cooperation with CEMA. 

          4)Establishes the Secretary of Service and Volunteering,  
            who shall be appointed by the Governor.





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          5)Establishes the California Volunteers Commission  
            (Commission) and specifies eligibility, term, and  
            requirements for commissioners.  The Commission shall not  
            exceed 25 members.

          6)Allows the First Lady or First Gentleman of California to  
            serve as the Commission's Honorary Chairperson (HC). 

          7)Requires the HC or commissioners to serve without  
            compensation, but allows per diem or reimbursement for  
            travel expenses, as appropriate.

          8)Provides that no more than 50% of the Commission, plus  
            one member, shall be from the same political party.

                                   EXISTING LAW

           Existing federal law establishes the National and Community  
          Service Trust Act (NCSTA) of 1993, which requires each  
          state governor to create and appoint a commission to  
          administer the Americorps volunteer program.

          Existing state law establishes the California State  
          Government Volunteers Act. 

          Existing state law establishes OCIVA within the Governor's  
          Office. 

          Existing state law establishes a 9-member advisory body,  
          the Public Employee Review Committee, within OCIVA to  
          analyze OCIVA, make recommendations and prepare an annual  
          report for the Legislature.

                                    BACKGROUND
           
           Purpose of the bill  .  According to the author's office,  
          "California Volunteers (CV) is a state agency established  
          by executive order that manages programs and initiatives to  
          increase the number of Californians involved with service  
          and volunteering.  AB 127 would, by statute, establish the  
          Office of California Volunteers within the Office of the  
          Governor." 

           Background  .  This bill would codify Governor  
          Schwarzenegger's 2006 Executive Order (EO) S-24-06, which  
          renamed the California Service Corps to CV, recognizes the  




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          First Lady as the HC of CV, and allows for travel  
          reimbursement and per diem for the First Lady or CV  
          Commissioners, as appropriate.  AB 127 also allows for a  
          First Gentleman to serve in the capacity as CV's HC.

          Historically, California state governors have issued  
          non-controversial EOs on the subject of volunteerism  
          following the passage of the 1993 NCSTA, mainly to rename  
          the state volunteer organization.  

          In 1994, Governor Pete Wilson signed EO W-77-94, creating  
          the Commission on Improving Life Through Service.  Since  
          the commission's inception, each First Lady of California  
          has served as the state volunteer commission's HC.

          In 2001, Governor Gray Davis renamed the organization as  
          the Governor's Office On Service and Volunteerism (GO  
          SERV).  In August 2004, the organization was renamed the  
          California Service Corps.

          In December 2006, Governor Schwarzenegger signed EO  
          S-24-06, renaming the organization CV and charging CV with  
          the coordination of volunteer activities related to  
          disaster response and recovery, including necessary  
          training, equipment, and transportation provisions.  In  
          February 2008, Governor Schwarzenegger signed EO S-02-08 to  
          establish the Cabinet-level position of Secretary of  
          Service and Volunteering. 

          CV is the state office charged with managing programs and  
          initiatives to increase the number and impact of  
          Californians involved with service and volunteering,  
          including the state AmeriCorps program, California Citizen  
          Corps, Disaster Corps, California Green Job Corps, Business  
          Partners Program and the Cesar Chavez Day of Service and  
          Learning.  The CV Web site, CaliforniaVolunteers.org, lists  
          more than 45,000 volunteer opportunities throughout the  
          state involving the arts, education, animals, disaster  
          preparedness, the environment, and other areas of interest.  
           

          It is unclear presently whether this legislation is  
          necessary.  Current statute establishes OCIVA, and CV  
          presently has authority to operate under EO S-25-06; no  
          further legislative action is required to keep CV  
          operating.  




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                            PRIOR/RELATED LEGISLATION
           
           SB 1345 (Ashburn), 2007-2008 Legislative Session  .  Would  
          have removed the sunset on a provision in the Labor Code  
          that authorizes volunteers to work on public works projects  
          without the requirement that they be paid prevailing wage.   
          (Died in Senate Labor)

           AB 2537 (Furutani), Chapter 678, Statutes of 2008  .  Would  
          have extended for three years, the sunset date on a  
          provision that enables volunteers to work on public works  
          projects without triggering the requirement that prevailing  
          wages must be paid.  Would have required the Director of  
          Industrial Relations to conduct a study, as specified, to  
          evaluate the impact of allowing volunteers to work on  
          public works projects and to submit its findings to the  
          Legislature by June 30, 2011.

           SUPPORT  :  As of June 4, 2010:

          California Association of Local Conservation Corps  
          
          OPPOSE  :  None on file as of June 4, 2010.

           FISCAL COMMITTEE:   Senate Appropriations Committee



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