State and Federal Policy

State Policy and Legislation

General State Policy Issues of Interest

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.

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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.

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Legislation of Interest Introduced in 2009-10 Legislative Session

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. It has been signed into law by the Governor and took effect on August 5, 2009.

AB 127 (Jeffries): Volunteer service: Office of California Volunteers and California Volunteers Commission
This bill would establish the Office of California Volunteers within the office of the Governor, specifying the duties and responsibilities of the office, and setting out the appointment scheme for the office. This bill has passed the Assembly and awaits assignment to a Senate policy committee.

AB 796 (Carter): Pupil attendance: civic engagement activities
Existing law authorizes a student to be excused from school for specified reasons, including for the purpose of serving as a member of a precinct board for an election. A pupil who is absent from school for these reasons is required to be permitted to complete all assignments and tests missed during the absence that can be reasonably provided. This bill would include civic engagement activities offered by a nonprofit organization or a governmental entity among the types of absences that are excused. This bill has been vetoed by the Governor.

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. It has been signed into law by the Governor and took effect on August 5, 2009.

SB 520 (Pavley): High school curriculum: volunteer service
This bill would authorize the governing board of a school district to offer one credit towards the required number of credits required for graduation from high school for each 12 hours of volunteer service provided outside of regular school hours by a student, up to a maximum of five credits per student per semester, and for a maximum of any two semesters that the student attends high school. The bill would require a school district that elects to offer one credit for volunteer service to establish and maintain a list of suitable volunteer organizations (excluding advocacy and political organizations) from which a student shall choose to complete the volunteer hours. The bill would also require the student to submit a report on the volunteer experience and would require the volunteer organization to verify the hours served by the student. This bill has been vetoed by the Governor.

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Legislation of Interest Passed in 2007-2008 Legislative Session

AB 2537 (Furutani): Public Works: Volunteers
This bill extended 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 2031 (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 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. If the statewide registry is established, 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.

Federal Legislation

Legislation of Interest Introduced in the 111th Congress (2009 – 2010)

The Edward M. Kennedy Serve America Act

On April 21, 2009, President Obama signed the Edward M. Kennedy Serve America Act into law. Below are selected highlights of the legislation, which reauthorizes and expands national service programs. Please note that implementation of authorized programs is tied to the availability of appropriations.

AmeriCorps
AmeriCorps is known as the domestic Peace Corps. AmeriCorps participants – known as members – perform a year of service with a program focused on meeting local community needs. At the end of their service, members are eligible for an education award that can be used for costs at qualified institutions of higher education, educational training, or to repay qualified student loans.

  • The Act includes a plan to increase the number of AmeriCorps positions to 250,000 by 2017. The number of positions will be gradually increased, beginning with 88,000 positions in 2010, 115,000 in 2011, 140,000 in 2012, 170,000 in 2013, 200,000 in 2014, 210,000 in 2015, 235,000 in 2016, and 250,000 in 2017. There is a goal of establishing at least 50 percent of positions as full-time service opportunities;
  • The AmeriCorps education award will be increased to the level of the federal Pell Grant ($5,350 for 2009-10); and,
  • The Act expands collaborative service efforts and expands the focus of the AmeriCorps National Civilian Community Corps to include infrastructure improvement, environmental and energy conversation, urban and rural development, in addition to disaster relief.

Education Awards and Eligibility

  • Veterans’ education benefits will be excluded from being considered in determining the amount of an education award that may be disbursed; and
  • An individual will be permitted to receive up to the value of two full-time education awards (previously, there was a cap of the first two awards, regardless of amount).

Serve America/Encore Fellowships and Service Corps

  • The Act creates five service corps to address areas of identified national needs in low-income communities, including a Clean Energy Corps, Education Corps, Healthy Futures Corps, Opportunity Corps, and Veteran Service Corps;
  • The Act authorizes a Serve America Fellowship program in which state service commissions (such as CaliforniaVolunteers) would select individuals to serve with approved sponsors in areas of national need. Serve America Fellows would receive a living allowance and an education award; and,
  • The Act also authorizes Encore Fellowships, which would allow the federal Corporation for National and Community Service to select individuals age 55 or older to serve at approved sponsoring organizations. Sponsors would receive $11,000 grants for Fellow living expenses.

Social Innovation Fund

  • The Act authorizes a Social Innovation Fund, which would provide five-year grants to expand proven initiatives and provide seed funding for experimental initiatives to address specific identified community challenges.

Service-Learning Programs
Service-learning is a method of teaching and learning that connects classroom lessons with meaningful service to the community. To support service-learning, the Act:

  • Authorizes the establishment of up to 25 higher education institutions as “Campuses of Service” which would be eligible for grant funds to support service-learning programs and public service career assistance;
  • Authorizes a Summer of Service program which would allow high school and middle school students participating in 100 or more hours of community service programs to become eligible for a $500 educational award;
  • Authorizes a Semester of Service program for high school students to engage in coordinated service-learning for at least 70 hours in a semester and become eligible to receive academic credit; and,
  • Authorizes a Youth Engagement Zones grant program supporting school-based and community-based service-learning partnerships that address challenges in high-need, low-income communities.

Disaster Response

  • The Act authorizes a National Service Reserve Corps of former national service participants and veterans who will receive annual training to prepare them to deploy, in coordination with FEMA, to provide disaster preparedness, relief, or recovery in the event of disasters and emergencies.

Baby Boomers
Through the Foster Grandparents program, participants devote their time to serving disadvantaged or disabled youth. Participants in the Senior Companion program provide service to adults who need extra assistance to live independently in their own homes or communities. Foster Grandparents and Senior Companions receive modest stipends for their service. To leverage the experience of Baby Boomers and support programs that engage seniors, the Act:

  • Expands opportunities for Baby Boomers and seniors to serve and volunteer by lowering the age requirement for the Foster Grandparents and Senior Companions programs from 60 to 55;
  • Expands hourly stipend eligibility for the Foster Grandparents and Senior Companion programs from 125 percent of the federal poverty level to 200 percent;
  • Authorizes a Silver Scholars program in which individuals age 55 and older performing 350 hours of service could receive a $1,000 education award; and,
  • Permits individuals age 55 and older to transfer their education award to a child or grandchild.

Building Nonprofit and Volunteer Infrastructure

  • The Act authorizes a Volunteer Generation Fund to award grants to states and nonprofit organizations to recruit, manage, and support volunteer; and,
  • The Act also authorizes Nonprofit Capacity Building grants to intermediary organizations that would provide organizational development assistance to small and mid-sized nonprofit organizations facing resource hardship challenges (training on best practices, financial planning, grant writing, compliance with applicable tax laws, etc.).

Simplifying and Strengthening Program Management and Evaluation

  • The Act merges funding streams, expands the use of simplified, fixed amount grants, and gives the Corporation flexibility to consolidate application and reporting requirements; and,
  • The Act also authorizes a Civic Health Assessment comprised of indicators relating to volunteering, voting, charitable giving, and interest in public service in order to evaluate and compare the civic health of communities.

Call to Service Campaign

  • The Act establishes a Call to Service Campaign encouraging Americans to engage in service and observe September 11 as a National Day of Service and Remembrance.

Timeline

Jobs for Main Street Act of 2010 – H.R. 2847, Mollohan (D-WV)
Due to high levels of unemployment, the House passed this bill in an effort to boost the economy through employment and jobs creation. The legislation includes $200 million to support up to 25,000 AmeriCorps member positions and corresponding Segal AmeriCorps Education Awards. The funding breaks down as follows:

  • AmeriCorps State/National Grants: At least $90 million (for existing programs)
  • AmeriCorps VISTA: up to $30 million
  • National Service Trust: $68 million
  • Corporation for National and Community Service Salaries and Expenses: $7 million

Child Protection Improvements Act of 2009 – H.R. 1469, Schiff (D-CA)
This bill seeks to amend the National Child Protection Act of 1993 to establish a permanent background check system. The legislation would create a streamlined system to allow youth-serving organizations access to nationwide FBI fingerprint searches for volunteers and employees in a timely and affordable manner. It is based on the PROTECT Act pilot, which mentoring organizations and others have been using for five years.

Giving Incentives for Volunteers Everywhere (GIVE) Act of 2009 – S. 3532, Cardin (D-MD)/ H.R 524, Lewis (D-GA)
This bill would allow the Secretary of the Treasury to increase the standard mileage rate for charitable deduction and for the exclusion of charitable mileage reimbursements from gross income. This change would reduce the economic burden on volunteers who use their vehicles for charitable purposes.

"Service for All Ages" Initiative
In late February 2009, Senator Chris Dodd (D-CT), Senator Thad Cochran (R-MS) and Congresswoman Rosa DeLauro (D-CT) introduced the “Service for All Ages” initiative which includes the following four bills:

The Semester of Service Act – S. 465
This legislation would give students in their junior or senior year of high school the opportunity to spend a semester participating in community service-learning for academic credit.
The Summer of Service Act – S. 466
This legislation would create a competitive grant program enabling states and localities to offer the opportunity for students transitioning from middle to high school to participate in structured community service programs over the summer months and be eligible for an educational stipend.
The AmeriCorps: Together Improving Our Nation (ACTION) Act – S. 464
This legislation would raise the AmeriCorps Education Award from the current $4,725 to $6,585 to reflect college tuition increases over the past 15 years.
The Encore Service Act – S. 467
This legislation would provide stipends and educational scholarships to citizens 55 years of age and older who volunteer their time and dedicate their knowledge to help communities in need.

Incentive to Serve Tax Act – H.R. 1644, Lewis (D-GA)
This bill would amend the Internal Revenue Code of 1986 to provide for a tax credit for qualified donations of employee services.

Segal AmeriCorps Education Award Tax Relief Act of 2009 – H.R. 1596, Lewis (D-GA)
This bill would amend the Internal Revenue Code of 1986 to provide an exclusion from gross income for AmeriCorps educational awards.

Mentoring for All Act of 2009 – S. 545, Kerry (D-MA)/H.R. 1165 Davis (D-CA)
This legislation would create a competitive $50 million grant fund to strengthen and grow mentoring infrastructure and provide additional support and funding to direct-service mentoring organizations.

Mentoring America’s Children Act of 2009 – H.R. 913, Davis (D-CA)
This bill would strengthen and reauthorize the U.S. Department of Education’s Mentoring Programs grants under Elementary and Secondary Education Act of 1965 (ESEA) by providing training and technical assistance to grantees, tracking youth outcomes, strengthening research on the effects of mentoring, and improving the sustainability of grant recipients.

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Federal Appropriations

FY10 Appropriations
President Obama’s FY10 proposal includes $261 million increase in funding for the Corporation for National and Community Service. The budget seeks to:

  • Expand AmeriCorps from 75,000 to 250,000 slots over several years
  • Create a Social Innovation Fund to invest in nonprofit innovation
  • Engage more retiring Americans in service
  • Expand service-learning initiatives in schools nationwide

President Obama signed the Consolidation Appropriations Act, which provides $1.149 billion for the Corporation for National and Community Service and its programs, fully funding his initial request. This funding level will enable CNCS to strengthen and expand existing programs and invest in key initiatives authorized by the Edward M. Kennedy Serve America Act.

Programs will receive the following funding:

  • $372.5 million for AmeriCorps State and National
  • $197 million for the National Service Trust
  • $99.1 million for AmeriCorps VISTA
  • $29 million for AmeriCorps NCCC
  • $220.9 million for Senior Corps
  • $39.5 million for Learn and Serve America
  • $17 million for State Commission Administration
  • $50 million for the Social Innovation Fund
  • $4 million for the Volunteer Generation Fund
  • $1 million for the Nonprofit Capacity Building Fund

The American Recovery and Reinvestment Act of 2009
Signed into law by President Obama on February 17, the economic stimulus package includes $201 million to support AmeriCorps programs nationwide. This funding includes:

  • $89 million for AmeriCorps State and National (up to 20% for national direct programs)
  • $65 million for AmeriCorps VISTA
  • $40 million for the National Service Trust
  • $6 million for information technology upgrades at the Corporation for National and Community Service
  • $1 million for the Inspector General

FY09 Omnibus Appropriations Act
The FY09 Omnibus Appropriations Act provides $889.9 million for the Corporation for National and Community Service and its programs including:

  • $271.2 million for AmeriCorps State and National
  • $131.1 million for the National Service Trust
  • $96.1 million for AmeriCorps VISTA
  • $27.5 million for AmeriCorps NCCC
  • $213.8 million for Senior Corps
  • $37.5 million for Learn and Serve America
  • $11.8 million for State Commission Administration