BILL NUMBER: AB 327	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 30, 2015

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 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, 2017, and
as of that date are repealed.
   This bill would  delete that repeal date provision,
effectively extending   extend  those provisions
 indefinitely.   until January 1, 2024, at which
date those provisions would be repealed.  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.  This chapter shall not apply to any of the following
work:
   (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.
   (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.
   (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.
   (3) An individual shall not be considered a volunteer if the
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 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.
   (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.
   (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. 

   (d) This section shall remain in effect only until January 1,
2024, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2024, deletes or extends
that date.