General State Policy Issues of Interest

Prevailing Wage Exemption for Volunteers in California
Under state labor laws effective in 2003, there were strict limits on donated labor for public works projects which limited volunteers and service members from working community projects that could be classified as public works. This meant that volunteers that wanted to work on projects classified as “public works” such as, tree plantings, habitat restoration, school beautifications, etc., were required to be paid a prevailing wage. A local volunteer organization was fined $33,000 in 2003 for failing to pay volunteers a prevailing wage for their service restoring a local creek bed.

In 2004, in response to these limits, the Legislature passed AB 2690, which exempted volunteers from the prevailing wage requirement. As a result of this legislation, volunteers were able to serve in their communities on public works projects. This bill contained a sunset clause that expired on January 1, 2009.  In 2008, the Legislature passed AB 2537, which extended the sunset on this exemption through January 1, 2012.  Please see below for additional information on bills concerning this exemption.

2009 Legislative Changes to Liability for Good Samaritans
In August 2009, the California Legislature passed two bills, which Governor Schwarzenegger signed into law, that address volunteer and Good Samaritan liability. These bills were a response to a recent California Supreme Court case, Van Horn v. Watson (2008) 45 Cal.4th 322. The two bills to address Van Horn went into effect August 6, 2009.

Please see Cal EMA’s legislative document for changes and updates to the Good Samaritan liability.

DISCLAIMER: The document is provided for informational purposes only and is NOT intended to serve as legal counsel or advice. CaliforniaVolunteers and the California Emergency Management Agency encourage you to check with your legal counsel to determine how these laws affect you and your organizations.

Legislation Introduced in the 2011-12 Legislative Session

AB 987 (Grove): Public works: prevailing wages.
This bill would extend the prevailing wage exemption for volunteers indefinitely.  Other provisions are also included in the bill.

Legislation Passed in the 2011-12 Legislative Session

SB 164 (Simitian): Personal income tax: voluntary contributions: State Children's Trust Fund: Rare and Endangered Species Preservation Program: extension.
The Personal Income Tax Law authorizes individual taxpayers to contribute amounts in excess of their tax liability for the support of specified funds or accounts, including, among others, the State Children's Trust Fund for the Prevention of Child Abuse and the Rare and Endangered Species Preservation Program. That law repeals these provisions on January 1, 2013, or earlier if specified minimum contributions are not received. This bill changes the January 1, 2013, repeal dates to January 1, 2018.

SB 201(DeSaulnier): Flexible Purpose Corporations.
This bill enacts the Corporate Flexibility Act of 2011 and authorizes and regulates the formation and operation of a new form of corporate entity known as a flexible purpose corporation. Flexible Purpose Corporations allow the directors a high degree of flexibility to choose a non-financial purpose that they want to pursue for their corporation.  The purpose may include, but are not limited to, charitable and public purpose activities that could be carried out by a nonprofit public benefit corporation such as; promoting positive or minimizing negative short term and long term effects among employees, suppliers, customers, creditors; the community and society; or the environment.

SB 608 (DeSaulnier): Prison Industry Authority: nonprofit organizations: prison-made goods.
This bill provides that all products and services provided by the prison industry authority may be offered for sale to a tax-exempt nonprofit organization, provided that the products and services are provided to public school students at no cost and the nonprofit organization has entered into a memorandum of understanding with a local education agency, as defined.

AB 42(Huffman): State Parks.
This bill authorizes the Department of Parks and Recreation to enter into an operating agreement for the development, improvement, restoration, care, maintenance, administration, or operation of unit or units, or portion of a unit, of the state park system, as identified by the director, with a qualified nonprofit organization, as provided.

AB 361 (Huffman): Benefit corporations.
This bill authorizes and regulates the formation and governance of a new form of corporate entity known as a benefit corporation. The bill provides that a benefit corporation may be formed for the purpose of creating general public benefit, defined as a material positive impact on society and the environment, taken as a whole, as assessed against a third-party standard, as defined, that satisfies certain requirements. The bill also provides that a benefit corporation may identify one or more specific public benefits, as defined, as an additional purpose of the corporation, including, without limitation, providing low-income or underserved individuals or communities with beneficial products or services, promoting economic opportunity for individuals or communities beyond the creation of jobs in the ordinary course of business, preserving the environment, and improving human health.

AB 587 (Gordon): Public works: volunteers.
This bill extends the prevailing wage exemption for volunteers to January 1, 2017.

Legislation Passed in the 2009-10 Legislative Session

AB x6 10 (Blumenfield): Service and volunteering.
This bill established the position of Secretary of Service and Volunteering in state government in the Office of Planning and Research.

AB 83 (Feuer): Torts: personal liability immunity
This bill clarifies and/or modifies the Good Samaritan Law due to the recent California State Supreme Court ruling.

SB 39 (Benoit) : Personal liability immunity: disaster service workers.
This bill provides that disaster service workers shall not be liable when acting within the scope of their responsibilities under the authority of a governmental emergency organization. 

AB x1 29 (Blumenfield): State responsibility areas: fire prevention fees.
Existing law requires the state to have the primary financial responsibility for preventing and suppressing fires in areas that the State Board of Forestry and Fire Protection has determined are state responsibility areas. This bill requires the board, on or before September 1, 2011, to adopt emergency regulations to establish a fire prevention fee in an amount not to exceed $150 to be charged on each structure on a parcel that is within a state responsibility area. The board is required to adjust the fire prevention fee annually using prescribed methods.

Legislation Passed in 2007-2008 Legislative Session

AB 903 (Houston): Emergency Services.
This bill provides that a private nonprofit organization that is eligible for specified disaster assistance (in the California Disaster Assistance Act) under federal law is eligible for state assistance for distribution of supplies, and other disaster or emergency assistance activities resulting in extraordinary cost. It provides that an organization is not eligible for assistance under these provisions if it employs religious content in the provision of emergency assistance and requires that the grant of assistance comply with constitutional prohibitions against discrimination and the use of public funds to aid any religious organization or activity.

AB 2301 (Hancock): Oil Spill Prevention and Response
Among other items, this bill clarifies the use and training of volunteers for assistance during oil spill response activities.

AB 2537 (Furutani): Public Works: Volunteers
This bill extends the exemption for volunteers from prevailing wage requirements on public works projects until January 1, 2012 and required a report due on January 1, 2011.

AB 2796 (Nava): Office of Emergency Services: Statewide Registry
This bill authorizes the Office of Emergency Services (OES) to establish a statewide registry of private businesses and nonprofit organizations that wish to donate services, goods, labor, equipment, or dispensaries or other facilities to prepare the state for emergencies and disasters.  This law requires OES to create and implement protocols and procedures ensuring that businesses and nonprofits fulfill certain requirements to be included on the registry.  The law also states that the entities who donate shall not be held liable for a death, injury, illness, or other damage to a person or property caused by the private business’s donation.