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. AB 127 (Jeffries) continued Page 2 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 AB 127 (Jeffries) continued Page 3 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. AB 127 (Jeffries) continued Page 4 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 **********