CA, Bill AB2690 effecting Volunteers will die if not renewed

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CA, Bill AB2690 effecting Volunteers will die if not renewed

Post by tomjeeps2 » Fri Mar 21, 2008 10:28 am

BILL NUMBER: AB 2690 CHAPTERED
BILL TEXT

CHAPTER 330
FILED WITH SECRETARY OF STATE AUGUST 30, 2004
APPROVED BY GOVERNOR AUGUST 27, 2004
PASSED THE ASSEMBLY AUGUST 12, 2004
PASSED THE SENATE JULY 1, 2004
AMENDED IN SENATE JUNE 29, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 26, 2004
AMENDED IN ASSEMBLY APRIL 12, 2004

INTRODUCED BY Assembly Member Hancock

FEBRUARY 20, 2004

An act to repeal and add Section 1720.4 of the Labor Code,
relating to public works, and declaring the urgency thereof, to take
effect immediately.



LEGISLATIVE COUNSEL'S DIGEST


AB 2690, Hancock. Public works: funds.
Existing law defines "public works," for purposes of regulating
public works contracts, as, among other things, construction,
alteration, demolition, installation, or repair work done under
contract and paid for in whole or in part out of public funds.
Otherwise covered work that meets certain criteria, including work
that is performed entirely by volunteer labor, is excluded from this
definition of "public works." 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.
This bill would exempt from these provisions any work that is
performed by a volunteer, a volunteer coordinator, or by members of
the California Conservation Corps or of certified Community
Conservation Corps.
The bill would apply this exemption retroactively to otherwise
covered work concluded on or after January 1, 2002, to the extent
permitted by law. This bill would remain in effect until January 1,
2009, and as of that date is repealed, unless a later enacted statute
modifies that date.
This bill would declare that it is to take effect immediately as an
urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


SECTION 1. Section 1720.4 of the Labor Code is repealed.
SEC. 2. Section 1720.4 is added to the Labor Code, 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) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted statue,
which is enacted before January 1, 2009, deletes or extends that
date.
SEC. 3. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to encourage citizen initiative and volunteer action in
state service and to eliminate all legal disincentives and
impediments to volunteering on public works projects, it is necessary
that this bill take effect immediately.
The Country is ran by the few that show up.
They are lead by the even fewer that step up.

http://WWW.TEAMSTEALTH.ORG Noise issue information.
http://WWW.OHMVR.COM Total Off Road Recreation!

Tom Tammone

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