BILL NUMBER: SB 644	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 18, 2011

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 644, as introduced, Hancock. 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, except as specified.
   Existing law governing public works does not apply to specified
work performed by a volunteer, a volunteer coordinator, or members of
the California Conservation Corps or a community conservation corps.
Those provisions are effective only until January 1, 2012, and as of
that date are repealed.
   This bill would extend the repeal of this provision to January 1,
2017.
   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 is receiving 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 members of the California Conservation
Corps or of 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) On or before January 1, 2011, the director shall submit a
written report to the Legislature that does both of the following:
 
   (1) Describes the number and the nature of complaints received and
investigations conducted involving the use of volunteers on public
works projects subject to this chapter, that are projects as
described in Section 21190 of the Public Resources Code. 

   (2) Provides an estimate of each of the following as they relate
to public works projects that involve the acquisition, presentation,
or restoration of natural areas, including parks or ecological
reserves, or other public works projects that have one or more of the
purposes, as described in Section 21190 of the Public Resources
Code:  
   (A) The number of hours per year that volunteers work on public
works projects.  
   (B) The cost per year of public works projects, that are projects
as described in Section 21190 of the Public Resources Code, and the
percentage of work performed by volunteers.  
   (C) The types of work done by volunteers on public works projects,
that are projects as described in Section 21190 of the Public
Resources Code.  
   (d) The sum of one hundred thousand dollars ($100,000) is hereby
appropriated from the Environmental License Plate Fund for the
purposes of funding the report required pursuant to subdivision (c).
 
   (e) 
    (c)  This section shall remain in effect only until
January 1,  2012,   2017,  and as of that
date is repealed , unless a later enacted statute, which is
enacted before January 1, 2012, deletes or extends that date
 .