BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 644|
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THIRD READING
Bill No: SB 644
Author: Hancock (D)
Amended: As introduced
Vote: 21
SENATE LABOR & INDUST. RELATIONS COMMITTEE : 4-0, 3/23/11
AYES: Lieu, Wyland, Padilla, Yee
NO VOTE RECORDED: DeSaulnier, Leno, Runner
SUBJECT : Public works: volunteers
SOURCE : Author
DIGEST : This bill extends the sunset on the exemption
for volunteers on public works project out five years, from
January 1, 2012 to January 1, 2017.
ANALYSIS : Existing law defines "public works" as any
construction, alteration, demolition, installation or
repair work done under contract and paid for in whole or in
part from public funds. This includes work performed
during the design and pre-construction phase, including,
but not limited to, inspection and land surveying.
Existing law requires, with certain exceptions, contracted
public works projects to be submitted for bids by the
public entity requesting the work, and that the contract is
awarded to the lowest responsible bidder. The awarding
body is required to ensure that the winning contractor is
appropriately licensed with the Contractors State License
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Board, and has not been in barred from bidding on,
accepting, or performing public contracts.
Existing law requires all employees who work on public
works projects with a budget of $1,000 or more to be paid
the general prevailing rate of per diem wages and the
general prevailing rate for holiday and overtime work for
the specific location where the public work is to be
performed. This prevailing wage is determined by the
Department of Industrial Relations.
Existing law exempts from public work requirements any
project where the Department of Fish and Game (DFG)
contracts with public agencies, Indian tribes, or nonprofit
organizations for fish and wildlife habitat preservation,
restoration, and enhancement. Existing law also allows the
DFG to contract with public and private entities for fish
and wildlife habitat preservation, restoration, and
enhancement, but these contracts are only exempt from
public work requirements if they are less than $50,000.
Existing law exempts any work performed by volunteers from
the public works requirements, but the exemption allowing
volunteers on public works projects is set to expire on
January 1, 2012.
Under existing law, "volunteers" are defined as:
Individuals who perform works for civic, charitable, or
humanitarian reasons for a public agency or tax-exempt
organization, such as a 501(c)(3), without any
compensation.
Volunteer coordinators.
Members of the California Conservation Corps or the
Community Conservation Corps are also exempt.
Existing law excludes from the definition of a volunteer:
Anyone who works on the public works project for
compensation; or
Anyone who received payment from the contractor on the
public works project for construction, alteration,
demolition, installation, repair, or maintenance work on
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the same project.
This bill extends the sunset on the exemption for
volunteers on public works project out five years, from
January 1, 2012 to January 1, 2017.
Prior/Related Legislation
AB 587 (Gordon), which is currently before the Assembly
Labor and Employment Committee, is nearly identical to this
bill.
AB 987 (Grove), which is currently before the Assembly
Labor and Employment Committee, makes significant changes
to public works requirements, including the removal of the
sunset on the volunteer exemption.
AB 2690 (Hancock), Chapter 330, Statutes of 2004, created
the initial public work exemption for volunteers, and a
sunset date of January 1, 2009.
AB 2537 (Furutani), Statutes of 2008, Chapter 678, extended
the sunset until January 1, 2012.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 3/23/11)
Association of California Water Agencies
California Association of School Business Officials
California Park and Recreation Society
California Watershed Network
Newport Bay Conservancy
Regional Council of Rural Counties
Sacramento County Board of Supervisors
ARGUMENTS IN SUPPORT : Proponents argue that during these
difficult fiscal times, local government needs to be able
to call upon volunteers to complete important projects and
maintain local park infrastructure. Proponents also note
that hundreds of restoration projects are taken up by local
governments in partnership with non-profits and local
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business, and that project managers work hard to ensure
that there is a clear delineation between tasks for
volunteers and tasks for paid employees and contractors.
Proponents also note that there have been no reported labor
law violations on environmental and restoration projects
since the public works exemption was put in law in 2004.
PQ:mw 3/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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