BILL ANALYSIS Ó
AB 587
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 587 (Gordon and Furutani)
As Amended June 30, 2011
Majority vote
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|ASSEMBLY: |76-0 |(May 2, 2011) |SENATE: |37-0 |(July 14, |
| | | | | |2011) |
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Original Committee Reference: L. & E.
SUMMARY : Extends a public works exemption for specified
"volunteers" and other related individuals.
The Senate amendments add a co-author.
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
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,
AB 587
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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 the Department of Industrial Relations (DIR) to
submit a specified report to the Legislature before January
1, 2011, regarding volunteers on public works projects.
AS PASSD BY THE ASSEMBLY , this bill:
1)Extended the sunset date on the exemption to January 1, 2017.
2)Eliminated a provision of the law that required the DIR to
submit a specified report to the Legislature before January 1,
2011, regarding volunteers on public works projects.
3)Made related legislative findings and declarations.
FISCAL EFFECT : Unknown
AB 587
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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
FN: 0001474