BILL NUMBER: AB 472	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harper

                        FEBRUARY 23, 2015

   An act to amend Section 1720.4 of the Labor Code, relating to
prevailing wage.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 472, as introduced, Harper. Public works: prevailing wage:
volunteers.
   Existing law generally requires the payment of not less than the
prevailing rate of per diem wages for work of a similar character in
the locality in which the public work, as defined, is performed by
workers employed on public works projects, except for public works
projects of $1,000 or less, or except for any work performed, on or
after January 1, 2002, and until January 1, 2017, by a volunteer, a
volunteer coordinator, or a member of the California Conservation
Corps or a Community Conservation Corps.
   This bill would make a nonsubstantive, technical change by
deleting 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) 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 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) 
    (   b)  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.