AB 1557: School facilities: use by nonprofit youth organizations: recreational youth sports leagues.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-08-17
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would specifically authorize a governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would specifically authorize a governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would specifically authorize a governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that specifically authorize a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used. to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, that is a recreational youth sports league that charges participants an average of no more than $60 per month.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school districts. district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school districts. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school districts actual costs for janitorial services and utilities utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used.
Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school districts. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.
This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school districts actual costs for janitorial services and utilities for the specific school facilities or grounds used.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space, and school grounds shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space, and school grounds shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space, and school grounds shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants no more than a nominal fee. As used in this subparagraph, nominal fee means an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)Except as otherwise provided by law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space, and school grounds shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(D)A recreational youth sports league that charges participants an average of no more than sixty dollars ($60) per month.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space space, and school grounds shall include, but not necessarily be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not necessarily limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space and school grounds shall include, but not be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, Code for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, Code for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space and school grounds shall include, but not be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board. board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds. grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of the facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds includes all of the following:
(A)The share of the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section to operate and maintain school facilities or grounds that is proportional to the entitys use of the school facilities or grounds under this section.
(B)The share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of the school facilities or grounds by the entity using the school facilities or grounds under this section as follows:
(i)For purposes of this subparagraph, school facilities shall be limited to only nonclassroom space and school grounds shall include, but not be limited to, playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts.
(ii)The share of the cost for maintenance, repair, restoration, and refurbishment shall not apply to:
(I)Classroom-based programs that operate after school hours, including, but not limited to, after school programs, tutoring programs, or child care programs.
(II)Organizations retained by the school or school district to provide instruction or instructional activities to pupils during school hours.
(iii)Funds collected under this subparagraph shall be deposited into a special fund that shall only be used for purposes of this section.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)By December 31, 2013, the Superintendent shall develop, and the state board shall adopt, regulations to be used by a school district in determining the proportionate share and the specific allowable costs that a school district may include as direct costs for the use of its school facilities or grounds.
(i)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks, and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for injuries caused by a dangerous condition of public property.
(j)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 2.Section 38134 of the Education Code, as added by Section 3 of Chapter 764 of the Statutes of 2012, is amended to read:38134.(a)(1)The governing board of a school district shall authorize the use of school facilities or grounds under its control by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, any of the following:
(A)The Girl Scouts; the Boy Scouts; Camp Fire USA; or the YMCA.
(B)A parent-teacher association.
(C)A school-community advisory council.
(2)This subdivision does not apply to a group that uses school facilities or grounds for fundraising activities that are not beneficial to youth or public school activities of the school district, as determined by the governing board. board of the school district.
(b)(1)Except as otherwise provided by paragraph (2) or elsewhere in law, a governing board of a school district may charge an amount not to exceed its direct costs for use of its school facilities or grounds. grounds pursuant to this section. A governing board of a school district that levies these charges shall first adopt a policy specifying which activities shall be charged an amount not to exceed direct costs.
(2)The governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed in paragraph (1) of subdivision (a), an amount not to exceed the school districts actual costs for janitorial services and utilities for the specific school facilities or grounds used pursuant to this section.
(c)The governing board of a school district may charge an amount, not to exceed its direct costs for use of its school facilities or grounds by the entity using the school facilities or grounds, including a religious organization or church, that arranges for and supervises sports league activities for youths as described in paragraph (6) of subdivision (b) of Section 38131.
(d)The governing board of a school district that authorizes the use of school facilities or grounds for the purpose specified in paragraph (3) of subdivision (b) of Section 38131 shall charge the church or religious organization an amount at least equal to the school districts direct costs.
(e)In the case of an entertainment or a meeting where an admission fee is charged or contributions are solicited, and the net receipts are not expended for the welfare of the pupils of the school district or for charitable purposes, a charge equal to fair rental value shall be levied for the use of the school facilities or grounds.
(f)If the use of school facilities or grounds under this section results in the destruction of school property, the entity using the school facilities or grounds may be charged for an amount necessary to repay the damages, and further use of facilities or grounds by that entity may be denied.
(g)As used in this section:
(1)Direct costs to the school district for the use of school facilities or grounds means the costs of supplies, utilities, janitorial services, services of school district employees, and salaries paid to school district employees directly associated with the administration of this section necessitated by the entitys use of the school facilities or grounds.
(2)Fair rental value means the direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
(h)(1)A school district authorizing the use of school facilities or grounds under subdivision (a) is liable for an injury resulting from the negligence of the school district in the ownership and maintenance of the school facilities or grounds. An entity using school facilities or grounds under this section is liable for an injury resulting from the negligence of that entity during the use of the school facilities or grounds. The school district and the entity using the school facilities or grounds under this section shall each bear the cost of insuring against its respective risks and shall each bear the costs of defending itself against claims arising from those risks.
(2)Notwithstanding any other law, this subdivision shall not be waived. This subdivision does not limit or affect the immunity or liability of a school district under Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, for an injury caused by a dangerous condition of public property.
(i)This section is operative on and after January 1, 2020.
|
Date
|
Status
|
|---|---|
| May 12, 2016 | Read second time. Ordered to third reading. |
| Aug 17, 2016 | Chaptered by Secretary of State - Chapter 120, Statutes of 2016. |
| Aug 17, 2016 | Approved by the Governor. |
| Aug 5, 2016 | Enrolled and presented to the Governor at 2:30 p.m. |
| Aug 2, 2016 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 1, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4727.). |
| Aug 1, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Jun 16, 2016 | Read second time. Ordered to third reading. |
| Jun 15, 2016 | From committee: Do pass. (Ayes 9. Noes 0.) (June 15). |
| Jun 9, 2016 | Referred to Com. on ED. |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0.) |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4895.) |
| May 23, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 23, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jan 4, 2016 | Read first time. To print. |
| May 11, 2016 | Read second time and amended. Ordered returned to second reading. |
| May 10, 2016 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (May 4). |
| Apr 27, 2016 | Re-referred to Com. on ED. |
| Apr 26, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Apr 6, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 16, 2016 | Re-referred to Com. on ED. |
| Mar 15, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Mar 9, 2016 | Re-referred to Com. on ED. |
| Mar 8, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 29, 2016 | Re-referred to Com. on ED. |
| Feb 25, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ED. Read second time and amended. |
| Feb 4, 2016 | Referred to Com. on ED. |
| Jan 5, 2016 | From printer. May be heard in committee February 4. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 1, 2016 | Assembly 3rd Reading AB1557 Mathis By Anderson | Senate Floor |
Passed |
|
| Jun 15, 2016 | Do pass | Senate Standing Committee on Education |
Passed |
|
| May 23, 2016 | AB 1557 MATHIS Assembly Third Reading | Assembly Floor |
Passed |
|
| May 4, 2016 | Do pass as amended. | Assembly Standing Committee on Education |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Youth Soccer Organization | ** Support | Aug 1, 2016 |
| Association Of California School Administrators | ** Against | May 23, 2016 |
| California Alternative Payment Program Association | ** Support | Aug 1, 2016 |
| California College And University Police Chiefs Association | ** Support | Aug 1, 2016 |
| California State Alliance Of Ymca'S | ** Support | Aug 1, 2016 |
| California State PTA | ** Support | Aug 1, 2016 |
| Los Angeles Unified School District | ** Against | May 23, 2016 |
| u Small School Districts' Association | ** Against | Jun 15, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 1557
:
SENATE EDUCATION COMMITTEE: 9-0, 6/15/16
AYES: Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan, Vidak
ASSEMBLY FLOOR: 76-0, 5/23/16 - See last page for vote
DIGEST: This bill expands the list of organizations subject to the Civic Center Act to include recreational sports leagues that charge participants an average of no more than a nominal fee per month.
Existing law:
- Establishes the Civic Center Act which declares that at every public school facility and grounds there is a civic center where the governing board of the school district may grant various organizations, clubs, and associations, some of which are specified, the opportunity to engage in supervised recreation and meet and discuss subjects pertaining to the interests of the citizens of the communities in which they reside.
- Authorizes the school district governing board to set terms and conditions for this use of public school facilities and grounds that it deems proper for various purposes.
- Requires the school district governing board to authorize the use of any school facilities or grounds under its control to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including Girl scouts, Boy scouts, parent-teacher activities, and school community advisory council. Authorizes the governing board to charge an amount not to exceed its direct costs for use of its school facilities based on an adopted policy specifying which activities shall be charged a fee.
- Provides that a school district governing board is authorized to charge an amount not to exceed its direct costs for use of its facilities by a church or religious denomination and fair rental value for entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the district or for charitable purposes. Defines direct cost as costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitated by the organization’s use of the school district’s facilities and grounds. Defines fair rental value as direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
- Authorizes until January 1, 2020, the school district governing board to charge the share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of nonclassroom space and grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (Education Code § 38131-38134)
- Authorizes the governing board of a school district to require persons other than students, or organizations that wish to use recreational facilities that are on school grounds or are provided by a district at a community recreation center and maintained solely by the district, to pay fees, as prescribed by the board. (EC § 10912)
This bill:
- Adds a recreational youth sports league that charges participants no more than a nominal fee to the list of organizations subject to the Civic Center Act.
- Defines a “nominal fee” as an average of no more than $60 per month.
Comments
Need for the bill. According to the author’s office, “there are many organizations which use school facilities for their regular events, such as the Girl Scouts, Boy Scouts, recreational sports, and the YMCA. These organizations rely upon school facilities to offer low-use fees in order to allocate the most funds towards promoting their programs. However, school district governing boards have begun increasing the fees associated with facility use to increase revenue. As such, many recreational sporting programs have been closing their doors due to the burdensome costs of renting school facilities—some have charged up to $3,000 per use of their field.” This bill is intended to prevent the governing board of a school district from charging a recreational sporting organization or program for use of a school’s facilities at a rate that is greater than the fair rental value of the facility.
Recreational sports and after school programs. Under current law, classroom-based programs that operate after school, including after school programs, are exempted from the additional maintenance fee for the use of athletic fields, playing fields, etc. However, the law allows school districts to charge fair rental value for gatherings where a fee is charged and the proceeds are not used for the welfare of the pupils of the school district or for charitable purposes.
This bill provides that a recreational youth sports league that charges participants no more than a nominal fee, defined as an average of no more than $60 per month, are to be assessed direct costs rather than fair rental value. The fee is used to differentiate between sports leagues that are local and community-based and those that are more competitive. According to the author's office, the programs intended to be covered by this bill are those that are run by volunteers, are local, do not pay coaches, and that may be affiliated with local high schools. They charge only a nominal fee to pay for necessities, such as uniforms, equipment, facilities, snack bars, and trophies, compared with competitive sports teams that may charge higher amounts for participation, pay coaches, and travel outside a region for competitions.
Original intent of the Civic Center Act. The Civic Center Act was originally enacted to ensure public access to publicly funded facilities for purposes that benefit the community. While current law provides the ability for school districts to recoup the costs related to the use of the buildings and grounds, it did not envision “user fees” for non-profit organizations, sports leagues, and community organizations that utilize the school facilities and grounds to promote youth and school activities. By requiring school districts to charge an amount not to exceed its direct costs rather than fair rental value for recreational youth sports leagues, it appears that this bill is consistent with the original intent of the Civic Center Act.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
American Youth Soccer Organization
California Alternative Payment Program Association
California College and University Police Chiefs Association
California State Alliance of YMCAs
California State PTA
OPPOSITION: (Verified 6/17/16)
Small School Districts’ Association
ASSEMBLY FLOOR: 76-0, 5/23/16
AYES: Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Arambula, Eggman, Hadley, Patterson
6/17/16 15:03:52
**** END ****
SENATE COMMITTEE ON EDUCATION
Senator Carol Liu, Chair
2015 - 2016 Regular
Bill No:
Author: | Mathis | ||
Version: | Hearing Date: June 15, 2016 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
SUMMARY
This bill expands the list of organizations subject to the Civic Center Act to include recreational sports leagues that charge participants an average of no more than a nominal fee per month.
BACKGROUND
Existing law:
- Establishes the Civic Center Act which declares that at every public school facility and grounds there is a civic center where the governing board of the school district may grant various organizations, clubs, and associations, some of which are specified, the opportunity to engage in supervised recreation and meet and discuss subjects pertaining to the interests of the citizens of the communities in which they reside.
- Authorizes the school district governing board to set terms and conditions for this use of public school facilities and grounds that it deems proper for various purposes.
- Requires the school district governing board to authorize the use of any school facilities or grounds under its control to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including Girl scouts, Boy scouts, parent-teacher activities, and school community advisory council. Authorizes the governing board to charge an amount not to exceed its direct costs for use of its school facilities based on an adopted policy specifying which activities shall be charged a fee.
- Provides that a school district governing board is authorized to charge an amount not to exceed its direct costs for use of its facilities by a church or religious denomination and fair rental value for entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the district or for charitable purposes. Defines direct cost as costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitated by the organization’s use of the school district’s facilities and grounds. Defines fair rental value as direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized.
- Authorizes until January 1, 2020, the school district governing board to charge the share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of nonclassroom space and grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (Education Code § 38131- 38134)
- Authorizes the governing board of a school district to require persons other than students, or organizations that wish to use recreational facilities that are on school grounds or are provided by a district at a community recreation center and maintained solely by the district, to pay fees, as prescribed by the board.
(EC § 10912)
ANALYSIS
This bill:
- Adds a recreational youth sports league that charges participants no more than a nominal fee to the list of organizations subject to the Civic Center Act.
- Defines a “nominal fee” as an average of no more than sixty dollars ($60) per month.
STAFF COMMENTS
- Need for the bill. According to the author’s office, “there are many organizations which use school facilities for their regular events, such as the Girl Scouts, Boy Scouts, recreational sports, and the YMCA. These organizations rely upon school facilities to offer low-use fees in order to allocate the most funds towards promoting their programs. However, school district governing boards have begun increasing the fees associated with facility use to increase revenue. As such, many recreational sporting programs have been closing their doors due to the burdensome costs of renting school facilities—some have charged up to $3,000 per use of their field.” This bill is intended to prevent the governing board of a school district from charging a recreational sporting organization or program for use of a school’s facilities at a rate that is greater than the fair rental value of the facility.
- Recreational sports and after school programs. Under current law, classroom-based programs that operate after school, including after school programs, are exempted from the additional maintenance fee for the use of athletic fields, playing fields, etc. However, the law allows school districts to charge fair rental value for gatherings where a fee is charged and the proceeds are not used for the welfare of the pupils of the school district or for charitable purposes.
This bill provides that a recreational youth sports league that charges participants no more than a nominal fee, defined as an average of no more than $60 per month, are to be assessed direct costs rather than fair rental value. The fee is used to differentiate between sports leagues that are local and community-based and those that are more competitive. According to the author's office, the programs intended to be covered by the bill are those that are run by volunteers, are local, do not pay coaches, and that may be affiliated with local high schools. They charge only a nominal fee to pay for necessities, such as uniforms, equipment, facilities, snack bars, and trophies, compared with competitive sports teams that may charge higher amounts for participation, pay coaches, and travel outside a region for competitions.
- Original intent of the Civic Center Act. The Civic Center Act was originally enacted to ensure public access to publicly funded facilities for purposes that benefit the community. While current law provides the ability for school districts to recoup the costs related to the use of the buildings and grounds, it did not envision “user fees” for non-profit organizations, sports leagues, and community organizations that utilize the school facilities and grounds to promote youth and school activities. By requiring school districts to charge an amount not to exceed its direct costs rather than fair rental value for recreational youth sports leagues, it appears that this measure is consistent with the original intent of the Civic Center Act.
- Prior legislation. SB 1404 (Hancock, Chapter 764, Statutes of 2012) authorizes, until January 1, 2020, school districts to charge a proportional amount for the maintenance, repair, restoration and refurbishment for the use of nonclassroom space and school grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts, in addition to the school district's direct costs.
SUPPORT
American Youth Soccer Organization
California Alternative Payment Program Association
California College and University Police Chiefs Association
California State Alliance of YMCAs
California State PTA
OPPOSITION
Small School Districts’ Association
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 1557
Author:(Mathis)
As Amended Ver:May 11, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Education | 7-0 | O'Donnell, Olsen, Kim, McCarty, Santiago, Thurmond, Weber |
SUMMARY: Adds "a recreational youth sports league that charges participants no more than a nominal fee" to the list of organizations subject to the Civic Center Act. Defines a "nominal fee" as an average of no more than $60 per month.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Background. The Civic Center Act requires the governing board of a school district to authorize the use of any school facilities or grounds under its control to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including, but limited to, the Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teachers' associations; and a school-community advisory council.
Existing law also authorizes a school district to charge a fee for the use of facilities or ground. Governing boards are required to adopt a policy specifying the type of activities that require a fee; however, existing law also specify parameters, including:
- A governing board may charge an organization using the facilities or grounds for youth sports league activities an amount not to exceed the district's direct costs;
- A governing board must charge a religious organization or church an amount at least equal to the district's direct costs for use of facilities or grounds for religious service; and,
- A governing board must charge fair rental value in the case of entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils or for charitable purposes.
"Direct costs" is defined as the share of the costs of supplies, utilities, janitorial services, and salaries of district employees required to facilitate an organization's use of the facilities or grounds. "Fair rental value" is defined as the school district's direct costs plus the amortized costs of school facilities or grounds.
In 2012, SB 1404 (Hancock), Chapter 764, authorized, until January 1, 2020, school districts to charge a proportional amount for the maintenance, repair, restoration and refurbishment for the use of non-classroom space and school grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts, in addition to the school district's direct costs. SB 1404 exempted classroom-based programs that operate after school, including, but not limited to, after school programs, tutoring programs or child care programs, and organizations serving pupil populations during the core school day from the maintenance fee.
Purpose of the bill. According to the author, "Non-profit after school programs have been closing their doors due to the over burdensome costs of renting school facilities – some schools charging up to $3,000 per use of their field." Under current law, classroom-based programs that operate after school, including after school programs, are exempted from the additional maintenance fee for the use of athletic fields, playing fields, etc. Current law, however, allows school districts to charge fair rental value for gatherings where a fee is charged and the proceeds are not used for the welfare of the pupils of the school district or for charitable purposes. It is unclear whether the programs cited by the author were charged direct costs or fair rental value.
This bill will make it clear that a recreational youth sports league that charges participants no more than a nominal fee, defined as an average of no more than $60 per month, are to be assessed direct costs rather than fair rental value. This does not mean that the fee is a monthly charge – only that the fee is equivalent to an average of no more than $60 per month. For example, a recreational youth league that charges a flat fee of $240 and lasts four months will meet the definition of nominal fee, but a fee of $240 for three months will not. The fee is used to differentiate between sports league that are local and community-based and those that are competitive. According to the author's office, the programs intended to be covered by the bill are programs that are run by volunteers, are local, do not pay coaches, and may be affiliated with local high schools. They charge only a nominal fee to pay for necessities, such as uniforms, equipment, facilities, snack bars, and trophies, compared with competitive sports teams that may charge thousands for participation, pay coaches, and travel outside a region for competitions.
Prior related legislation. SB 1404 (Hancock), Chapter 764, Statutes of 2012, authorizes, until January 1, 2020, school districts to charge a proportional amount for the maintenance, repair, restoration and refurbishment for the use of non-classroom space and school grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts, in addition to the school district's direct costs.
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087 FN: 0002926
Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
ABPCA Bill Id:AB 1557 (
Author:Mathis) – As Amended Ver:April 26, 2016
SUBJECT: School facilities: use by nonprofit youth organizations
SUMMARY: Adds "a recreational youth sports league that charges participants an average of no more than $60 per month" to the list of organizations subject to the Civic Center Act.
EXISTING LAW:
- Establishes the Civic Center Act at each public school facility and grounds where school-based organizations and councils, parent teacher associations, external and community organizations may engage in supervised recreational activities and hold meetings. Authorizes the governing board of a school district to grant the use of school facilities or grounds upon the terms and conditions the governing board deems proper for various purposes. (Education Code (EC) Section 38131)
- Requires the governing board of a school district to authorize the use of any school facilities or grounds under its control to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including, but limited to: 1) Girl Scouts, Boy Scouts, Camp Fire, Inc.; 2) parent-teachers' associations; and 3) school-community advisory council. Authorizes the governing board to charge an amount not to exceed its direct costs for use of its school facilities based on an adopted policy specifying which activities shall be charged a fee. (EC Section 38134(a))
- Requires the governing board to charge an amount at least equal to the district's direct costs for use of school facilities or grounds by a church or religious denomination and fair rental value for entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils of the district or for charitable purposes. (EC Section 38134(d)(e))
- Defines "fair rental value" as direct costs to the school district plus the amortized costs of the school facilities or grounds used for the duration of the activity authorized. (EC Section 38134(g))
- Defines "direct costs" as those costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitated by the organization's use of the school facilities and grounds of the district. (EC Section 38134)
- Until January 1, 2020, authorizes the governing board of a school district to charge the share of the costs for maintenance, repair, restoration, and refurbishment, proportional to the use of nonclassroom space and grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts. (EC Section 38134(g))
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS: Background. The Civic Center Act requires the governing board of a school district to authorize the use of any school facilities or grounds under its control to nonprofit organizations, and clubs or associations organized to promote youth and school activities, including, but limited to, the Girl Scouts, Boy Scouts, Camp Fire, Inc., parent-teachers' associations; and a school-community advisory council.
Existing law also authorizes a school district to charge a fee for the use of facilities or ground. Governing boards are required to adopt a policy specifying the type of activities that require a fee; however, existing law also specify parameters, including:
- A governing board may charge an organization using the facilities or grounds for youth sports league activities an amount not to exceed the district's direct costs;
- A governing board must charge a religious organization or church an amount at least equal to the district's direct costs for use of facilities or grounds for religious service; and,
- A governing board must charge fair rental value in the case of entertainments or meetings where admission fees are charged or contributions are solicited and the net receipts are not expended for the welfare of the pupils or for charitable purposes.
"Direct costs" is defined as the share of the costs of supplies, utilities, janitorial services, and salaries of district employees required to facilitate an organization's use of the facilities or grounds. "Fair rental value" is defined as the school district's direct costs plus the amortized costs of school facilities or grounds.
In 2012, SB 1404 (Hancock), Chapter 764, Statutes of 2012, authorized, until January 1, 2020, school districts to charge a proportional amount for the maintenance, repair, restoration and refurbishment for the use of non-classroom space and school grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts, in addition to the school district's direct costs. SB 1404 exempted classroom-based programs that operate after school, including, but not limited to, after school programs, tutoring programs or child care programs, and organizations serving pupil populations during the core school day from the maintenance fee.
Purpose of the bill. According to the author, "Non-profit after school programs have been closing their doors due to the over burdensome costs of renting school facilities – some schools charging up to $3,000 per use of their field." Under current law, classroom-based programs that operate after school, including after school programs, are exempted from the additional maintenance fee for the use of athletic fields, playing fields, etc. Current law, however, allows school districts to charge fair rental value for gatherings where a fee is charged and the proceeds are not used for the welfare of the pupils of the school district or for charitable purposes. It is unclear whether the programs cited by the author were charged direct costs or fair rental value.
This bill will make it clear that a recreational youth sports league that charges participants an average of no more than $60 per month are to be assessed direct costs rather than fair rental value. This does not mean that the fee is a monthly charge – only that the fee is equivalent to an average of no more than $60 per month. For example, a recreational youth league that charges a flat fee of $240 and lasts four months will meet the definition of nominal fee, but a fee of $240 for three months will not. The fee is used to differentiate between sports league that are local and community-based and those that are competitive. According to the author's office, the programs intended to be covered by the bill are programs that are run by volunteers, are local, do not pay coaches, and may be affiliated with local high schools. They charge only a nominal fee to pay for necessities, such as uniforms, equipment, facilities, snack bars, and trophies, compared with competitive sports teams that may charge thousands for participation, pay coaches, and travel outside a region for competitions. Staff recommends an amendment to define "an average of no more than $60 per month" as a "nominal fee." Replace the language in the bill with the following:
"A recreational youth sports league that charges participants a nominal fee. "Nominal fee" means an average of no more than sixty dollars ($60) per month."
Prior related legislation. SB 1404 (Hancock), Chapter 764, Statutes of 2012, authorizes, until January 1, 2020, school districts to charge a proportional amount for the maintenance, repair, restoration and refurbishment for the use of non-classroom space and school grounds, defined as playing fields, athletic fields, track and field venues, tennis courts, and outdoor basketball courts, in addition to the school district's direct costs.
REGISTERED SUPPORT / OPPOSITION:
Support
American Youth Soccer Organization (prior version)
California Alternative Payment Program Association (prior version)
California College and University Police Chiefs Association (prior version)
California State Alliance of YMCAs (prior version)
California State PTA (prior version)
Opposition
Association of California School Administrators (prior version)
Los Angeles Unified School District (prior version)
Small School Districts' Association
Analysis Prepared by: Sophia Kwong Kim / ED. / (916) 319-2087
Discussed in Hearing
40SEC
Senate Floor
3MIN
Senate Standing Committee on Education
1MIN
Assembly Floor
Bill Author
