Bill Text: CA SB1404 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: School property: Civic Center Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-09-29 - Chaptered by Secretary of State. Chapter 764, Statutes of 2012. [SB1404 Detail]

Download: California-2011-SB1404-Introduced.html

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BILL NUMBER: SB 1404	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Hancock

                        FEBRUARY 24, 2012

   An act to amend Sections 10912 and 38134 of the Education Code,
relating to school property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1404, as introduced, Hancock. School property: Civic Center
Act.
   Existing law, known as the Civic Center Act, authorizes a school
district governing board 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. Existing law
authorizes a school district governing board to charge a fee, not to
exceed the school district's direct costs, as defined, for use of the
school facilities or grounds by entities that promote youth and
school activities or that arrange for and supervise sports league
activities for youths.
   Existing law also requires a school district governing board to
charge an entity a fee equal to the fair rental value, as defined, of
the school facilities or grounds in the case of entertainments or
meetings where the entity using the school facilities or grounds
charges admission fees or solicits contributions and the net receipts
are not expended for the welfare of pupils of the school district or
for charitable purposes.
   This bill would expand the definition of direct costs that a
school district governing board may charge an entity for the use of
school facilities or grounds to include all of the following: a share
of the operating and maintenance costs proportional to the use of
school facilities or grounds by the entity using those facilities or
grounds under this provision; a share of the amortized costs of
repair, refurbishment, or replacement of the school facilities or
grounds proportional to that entity's use of school facilities or
grounds; and costs incurred as a result of that entity's use of
school facilities or grounds that a school district would not
otherwise incur. The bill would allow a governing board to determine
direct costs as categorized by the type of facility or grounds
generally, rather than by costs incurred at a specific facility by a
particular entity.
   The bill also would require a school district to charge a fee
equal to the fair market value, as defined, of the school facilities
or grounds in the case of an entertainment or meeting where the
entity using the school facilities or grounds charges an admission
fee or solicits contributions, and the net receipts are not expended
for the welfare of pupils of the school district or for charitable
purposes.
   This bill would also make a conforming change to a related
provision of existing law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 10912 of the Education Code is amended to read:

   10912.  The governing body of a school district may require
persons, other than  students   pupils  ,
or organizations desiring to use the recreational facilities on
school grounds or belonging to a school or the facilities  or
grounds  provided by the  school  district at a
community recreation center maintained solely by the  school
 district  ,  to pay fees for the use as the governing
body may prescribe  , and as required by Section 38134  .
  SEC. 2.  Section 38134 of the Education Code is amended to read:
   38134.  (a)  (1)    The governing board of
 any   a  school district shall authorize
the use of  any  school facilities or grounds under
its control,  when   if  an alternative
location is not available,  to   by a 
nonprofit  organizations, and clubs or associations 
 organization, or by a club or an association  organized to
promote youth and school activities, including  , but not
limited to:   , but not necessarily limited to, any of
the following:  
   (1) 
    (A)    The  Girl  Scouts,
  Scouts; the  Boy  Scouts,  
Scouts; or  Camp Fire, Inc. 
   (2) Parent-teachers' associations.  
   (B) A parent-teacher association.  
   (3) School-community 
    (C)     A school-community  advisory
 councils   council  . 
   This 
    (2)     This  subdivision 
shall   does  not apply to  any 
 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.
   (b) Except as otherwise provided by law,  the 
 a  governing board may charge an amount not to exceed its
direct costs for use of its school facilities.  Each
 A  governing board that  decides to levy 
 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  any   a 
school district may charge an amount  ,  not to exceed its
direct costs for use of its school facilities  or grounds 
by  any   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  any   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 denomination
an amount at least equal to the  school  district's direct
costs.
   (e) In the case of  entertainments or meetings 
 an entertainment or a meeting  where  an 
admission  fees are   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
market value  shall be levied for the use of  the 
school facilities or grounds  which charge shall be equal to
fair rental value  .
   (f) If  any group activity   the use of
school facilities or grounds under this section  results in the
destruction of school property, the  group  
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  , "direct   :

    (1)     (A)     "Direct
 costs" to the  school  district for the use of school
facilities or grounds  means those   includes
all of the following: 
    (i)     The share of the  costs of
supplies, utilities, janitorial services, services of  any
other   school  district employees, and salaries
paid school district employees  necessitated by the
organization's use of the school facilities and grounds of the
district.   to operate and maintain school facilities or
grounds that is proportional to the use of the school facilities or
grounds by the entity using the school facilities or grounds under
this section.  
   (ii) The share of amortized costs of repair, refurbishment, or
replacement of school facilities or grounds, including artificial
turf fields, that is proportional to the use of the school facilities
or grounds by the entity using the school facilities or grounds
under this section.  
   (iii) The costs incurred from the use of school facilities or
grounds by the entity using the school facilities or grounds under
this section that would not otherwise be incurred by the affected
school district.  
   (B) In determining direct costs, a school district may consider
costs as categorized by the type of facility or grounds, and, for
example, a school district may consider athletic facilities or
auditoriums generally rather than consider the costs incurred at a
specific facility by a particular entity.  
   (2) "Fair market value" means the price determined by the
governing board of a school district as the most probable price that
the use of a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller
acting prudently and knowledgeably, and assuming the price is not
affected by an undue stimulus.  
   (h) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the school
facilities or grounds used for the duration of the activity
authorized.  
   (i) Any 
    (h)     (1)     A 
school district authorizing the use of school facilities or grounds
under subdivision (a)  shall be   is 
liable for  any injuries   an injury 
resulting from the negligence of the  school  district in
the ownership and maintenance of  those   the
school  facilities or grounds.  Any group  
An entity  using school facilities or grounds under 
subdivision (a) shall be   this section is  liable
for  any injuries   an injury  resulting
from the negligence of  that group   that entity
 during the use of  those   the school
 facilities or grounds. The  school  district and the
 group   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.
 Notwithstanding 
    (2)     Notwithstanding  any other
 provision of  law, this subdivision shall not be
waived.  Nothing in this subdivision shall be construed to
  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.