BILL NUMBER: AB 587	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2011

INTRODUCED BY   Assembly Members Gordon and Furutani
    (   Principal coauthor:   Senator 
 Hancock   ) 

                        FEBRUARY 16, 2011

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 587, as amended, Gordon. 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 that is
performed under contract and paid for in whole or in part out of
public funds. Pursuant to existing law, all workers employed on
public works projects are required to be paid not less than the
general prevailing rate of per diem wages for work, except as
specified.
   Existing law governing public works does not apply to specified
work performed by a volunteer, a volunteer coordinator, or a member
of the California Conservation Corps or a community conservation
corps. These provisions are effective only until January 1, 2012, and
as of that date are repealed.
   This bill would extend that repeal date to January 1, 2017, and
make technical, nonsubstantive changes to that provision.
   Existing law also requires the Director of Industrial Relations to
submit a report to the Legislature before January 1, 2011, regarding
volunteers on public projects.
   This bill would repeal that provision.
   This bill also would make legislative findings and declarations
regarding the intent of the bill.
   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.  The Legislature finds and declares all of the
following:
   (a) It is the intent of the Legislature that public works projects
should never undermine the wage base in a community.
   (b) The requirement that workers on public works projects be paid
the prevailing rate of per diem wages ensures that the local wage
base is not lowered.
   (c) It is the intent of the Legislature that this act shall not
apply to the work of state and local public sector employees.
  SEC. 2.  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 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 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
  receives  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 the California Conservation Corps or by
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,
2017, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2017, deletes or extends
that date.