BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 587
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 587 (Gordon and Furutani)
          As Introduced  February 16, 2011
          Majority vote 

           LABOR & EMPLOYMENT     6-0                                      
           
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          |Ayes:|Swanson, Miller, Alejo,   |     |                          |
          |     |Allen, Furutani, Yamada   |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Extends a public works exemption for specified 
          "volunteers" and other related individuals.  Specifically,  this 
          bill  :

          1)Extends the sunset date on the exemption to January 1, 2017.

          2)Eliminates a provision of the law that required the Department 
            of Industrial Relations (DIR) to submit a specified report to 
            the Legislature before January 1, 2011, regarding volunteers 
            on public works projects.

          3)Makes related legislative findings and declarations.

           EXISTING LAW  :

          1) Requires the prevailing wage rate to be paid to all workers 
             on public works projects over $1,000.

          2) Defines "public work" to include, 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.

          3) Provides that the provisions of existing law dealing with the 
             payment of prevailing wages on public works projects do not 
             apply to work performed by a volunteer or volunteer 
             coordinator, as defined.

          4) Defines a "volunteer" as an individual who performs work for 
             civic, charitable, or humanitarian reasons for a public 
             agency or 501(c)(3) tax-exempt organization without promise, 
             expectation, or receipt of any compensation for work 








                                                                  AB 587
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             performed.

          5) Defines a "volunteer coordinator" as an individual paid by a 
             corporation or 501(c)(3) tax-exempt organization to oversee 
             or supervise volunteers.

          6) Clarifies that an individual may be considered a "volunteer 
             coordinator" even if the individual performs some 
             non-supervisory work on a project alongside the volunteers, 
             so long as the individual's primary responsibility is to 
             supervise.

          7) Specifies that 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.



          8) Authorizes a volunteer to receive reasonable meals, lodging, 
             transportation, and incidental expenses or nominal 
             non-monetary awards if those benefits and payments are not a 
             substitute form of compensation.

          9) Excludes from the definition of volunteer an individual if 
             that person is otherwise employed for compensation at any 
             time a) in the construction, alteration, demolition, 
             installation, repair, or maintenance work on the same 
             project; or, b) by a contractor, other than a 501(c)(3) 
             tax-exempt organization, that is receiving payment to perform 
             construction, alteration, demolition, installation, repair or 
             maintenance work on the same project.

          10)Provides that the provisions of existing law dealing with the 
             payment of prevailing wages on public works projects do not 
             apply to work performed by members of the California 
             Conservation Corps or a certified Community Conservation 
             Corps.

          11)Provides a January 1, 2012, sunset date to these provisions.

          12)Requires DIR to submit a specified report to the Legislature 
             before January 1, 2011, regarding volunteers on public works 
             projects.









                                                                  AB 587
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           FISCAL EFFECT  :  Unknown

           COMMENTS  :  Supporters state that the ability to volunteer is a 
          cornerstone to many projects, including land and water 
          conservation projects in California.  It provides any citizen 
          the opportunity to donate his or her time for projects that 
          benefit their local community.  Projects such as tree planting, 
          trail restoration, coastal clean-up and habitat restoration give 
          a sense of civic pride and ownership to the individual volunteer 
          while enhancing and improving the quality of life for all.

          Supporters note that California's volunteer base serves as an 
          essential element for the successful completion of a wide 
          variety of community projects that improve and enhance our 
          quality of life.  Californians are eager for volunteer 
          opportunities for themselves and their children; it is a 
          deeply-held American value and they choose to volunteer in order 
          to enrich their communities and lives.  They contend that 
          limiting the ability of people to volunteer would put the health 
          of the communities and California's natural landscapes at risk.

          Supporters argue that, at a time when the state is addressing 
          very serious fiscal deficits, extending this sunset provision 
          will allow California to continue to tap into one of our 
          greatest and most economical resources - the generosity of the 
          human spirit.
           

          Analysis Prepared by  :    Ben Ebbink / L. & E. / (916) 319-2091 


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