BILL NUMBER: AB 2537 CHAPTERED
BILL TEXT
CHAPTER 678
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2008
APPROVED BY GOVERNOR SEPTEMBER 30, 2008
PASSED THE SENATE AUGUST 31, 2008
PASSED THE ASSEMBLY AUGUST 31, 2008
AMENDED IN SENATE AUGUST 29, 2008
AMENDED IN SENATE JUNE 19, 2008
INTRODUCED BY Assembly Member Furutani
FEBRUARY 21, 2008
An act to amend Section 1720.4 of the Labor Code, relating to
public works, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2537, Furutani. 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 shall be paid not less than the general prevailing rate
of per diem wages for work, 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, 2009, by a volunteer, a volunteer
coordinator, or by members of the California Conservation Corps or of
certified Community Conservation Corps, as defined.
This bill would extend, until January 1, 2012, the exclusion from
the application of the law governing "public works," any work
performed by a volunteer, a volunteer coordinator, or by members of
the California Conservation Corps or of certified Community
Conservation Corps, as defined.
This bill would require the Director of Industrial Relations to
submit a written report containing information regarding volunteers
on public works projects, as specified, to the Legislature by January
1, 2011. The costs incurred in the preparation of this report would
be funded by moneys in the Environmental License Plate Fund. By
authorizing the expenditure of moneys from this fund, the bill would
make an appropriation.
This bill also would state legislative findings and declarations
regarding the intent of the bill.
Appropriation: yes.
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) This section shall remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2012, deletes or extends
that date.
SEC. 2. The Legislature finds and declares all of the following:
(a) It is the intent of the Legislature that public works projects
should never undermine the wage base in a community.
(b) The Legislature finds that the requirement, that workers on
public works projects be paid the prevailing rate of per diem wages,
ensures that the local wage base is not lowered.
(c) It is the intent of the Legislature that this act shall not
apply to the work of state and local public sector employees.