BILL NUMBER: SB 644	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 15, 2011

INTRODUCED BY   Senator Hancock
    (   Coauthors:   Senators   Leno
  and Runner   ) 

                        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 amended, 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of that date are repealed.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  work performed
by  any of the following  work  :
   (1)  Any work performed by a   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   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   A member
 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) This section shall remain in effect only until January 1,
2017, and as of that date is repealed.