BILL NUMBER: AB 327	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon
   (Principal coauthor: Senator Hancock)

                        FEBRUARY 13, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 327, as introduced, 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, 2017, and
as of that date are repealed.
   This bill would delete that repeal date provision, effectively
extending those provisions indefinitely. The bill would also delete
an obsolete provision.
   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.  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)
    (   a)  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) 
    (   1)  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) 
    (   2)  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) 
    (3)  An individual shall not be considered a volunteer
if the person is otherwise employed for compensation at any time
 (i)   (A)  in the construction,
alteration, demolition, installation, repair, or maintenance work on
the same project, or  (ii)   (B)  by a
contractor, other than a corporation qualified under Section 501(c)
(3) of the Internal Revenue Code as a tax-exempt organization, that
receives payment to perform construction, alteration, demolition,
installation, repair, or maintenance work on the same project.

   (2) 
    (   b)  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) 
    (   c)  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.