BILL NUMBER: AB 2071 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Member Hagman
FEBRUARY 23, 2012
An act to amend Section 1720.4 3346
of the Labor Civil Code , and to
amend Section 733 of the Code of Civil Procedure , relating to
public works civil damages .
LEGISLATIVE COUNSEL'S DIGEST
AB 2071, as amended, Hagman. Public works: volunteers.
Civil damages: trees.
Existing law provides damages of 3 times the sum that would
compensate for the actual detriment caused by wrongful injuries to,
or the removal of, timber, trees, or underwood upon the land of
another, unless an exception applies. Among these exceptions, if the
defendant had probable cause to believe that the land on which the
trespass was committed was his or her own, or the land of the person
in whose service or by whose direction the act was done, existing law
provides damages of twice the sum that would compensate for the
actual detriment. Existing law also provides damages in a sum equal
to the actual detriment if wood was taken by the authority of highway
officers for specified purposes.
This bill would instead provide damages of 3 times the actual
damage for intentional damage to, or removal of, timber, trees, or
underwood upon the land of another. For negligent damage as described
above, the bill would provide actual damages. For negligent damage
sustained on the land of an owner who intended to make commercial use
of the damaged timber, trees, or underwood, the bill would provide
damages of 2 times the actual damage. The bill would also provide
actual damages for wood taken by the authority of highway officers as
described above.
Existing law provides that any person who cuts down or carries off
any wood or underwood, tree, or timber, or girdles or otherwise
injures any tree or timber on specified lands without lawful
authority is liable to the owner of that land, as specified, for
treble the amount of damages that may be assessed in a civil action.
This bill would instead hold a person liable for actual damages
for the violations described above, except as provided. The bill
would provide damages of 2 times the actual damage for violations
that occur on the land of an owner who intended to make commercial
use of the specified wood. The bill would also provide damages of 3
times the actual damage if the violation was intentional.
This bill would also make technical, nonsubstantive changes to
these provisions.
Existing law exempts volunteers, as defined, from the application
of provisions that govern public works contracts.
This bill would make a technical, nonsubstantive change to this
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 3346 of the Civil
Code is amended to read:
3346. (a) For wrongful injuries
intentional damage to , or removal of, timber,
trees, or underwood upon the land of another , or removal
thereof , the measure of damages is
shall be three times such sum as would compensate for
the actual detriment, except that where the
trespass was casual or involuntary, or that damages.
(b) Except as provided in subdivision
(c), for negligent damage to, or removal of, timber, trees, or
underwood upon the land of another, including if the defendant
in any action brought under this section had
probable cause to believe that the land on which the trespass was
committed was his or her own or the land of the person in
whose service or by whose direction the act was done, the measure of
damages shall be twice the sum as would compensate for the
actual detriment, and excepting further that where the wood
the actual damages.
(c) For negligent damage to, or removal of, timber, trees, or
underwood upon the land of another, if the owner of the land intended
to make commercial use of that timber, trees, or underwood, the
measure of damages shall be two times the actual damages.
(d) If timber, trees, or underwood
was taken by the authority of highway officers for
the purpose of repairing a public highway or bridge upon the land or
adjoining it, in which case judgment shall only be
given in a sum equal to the for the
actual detriment damages .
(b)
(e) The measure of damages to be assessed against a
defendant for any trespass committed while acting in reliance upon a
survey of boundary lines which improperly fixes the location of a
boundary line , shall be the actual
detriment damages incurred if both of the
following conditions exist:
(1) The trespass was committed by a defendant who either himself
or herself procured, or whose principal, lessor, or
immediate predecessor in title procured , the survey to be
made; and made.
(2) The survey was made by a person licensed under the laws of
this State state to practice land
surveying.
(c) Any action for the damages specified by subdivisions
(a) and (b) of this section must be commenced within five
years from the date of the trespass.
SEC. 2. Section 733 of the Code of
Civil Procedure is amended to read:
733. (a) Any person who cuts down or
carries off any wood or , underwood,
tree, or timber, or girdles or otherwise injures
damages any tree or timber on the land of another person,
or on the street or highway in front of any person's house, village,
or city lot, or cultivated grounds; or on the commons or public
grounds of any city or town, or on the street or highway in front
thereof, without lawful authority, is liable to
the owner of such that land, or to
such that city or town, for
treble the amount of the actual damages
which that may be assessed therefor,
in a civil action , in by any
Court court having jurisdiction.
(b) If an owner of land described in subdivision (a) intended to
make commercial use of the wood, underwood, tree, or timber on the
owner's land, the measure of damages shall be two times the actual
damages.
(c) If the cutting, carrying off, or damage to the wood,
underwood, tree, or timber was intentional, the measure of damages
shall be three times the actual damages.
SECTION 1. Section 1720.4 of the Labor Code is
amended to read:
1720.4. (a) This chapter does 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) 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.