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

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-Enrolled.html

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BILL NUMBER: SB 1404	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 27, 2012
	PASSED THE ASSEMBLY  AUGUST 23, 2012
	AMENDED IN ASSEMBLY  AUGUST 6, 2012
	AMENDED IN ASSEMBLY  JULY 3, 2012
	AMENDED IN ASSEMBLY  JUNE 19, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  APRIL 26, 2012

INTRODUCED BY   Senator Hancock

                        FEBRUARY 24, 2012

   An act to amend, repeal, and add Section 38134 of the Education
Code, relating to school property.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1404, 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.
   This bill, until January 1, 2020, 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 a
specified share of the operating and maintenance costs proportional
to the entity's use of the school facilities or grounds under this
provision and a share of the costs for maintenance, repair,
restoration, and refurbishment of the school facilities or grounds
proportional to that entity's use of school facilities or grounds, as
specified. The bill would require the Superintendent of Public
Instruction to develop, and the State Board of Education to 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. The bill would make other related changes.


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

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) In order to promote the Civic Center Act, it is the intent of
the Legislature to encourage all school districts to maximize
opportunities to make available and accessible public school
facilities and grounds to their communities as civic centers.
   (2) School districts make valuable contributions to their
communities by providing needed space for recreational activities and
are obligated to protect and preserve public school facilities and
grounds for the safety and enjoyment of the pupils and community
members who use the school facilities or grounds.
   (3) School districts provide access to school facilities and
grounds to organizations that promote physical activity, before and
after school care, recreation, tutoring, and other activities that
benefit the residents of those communities.
   (4) The ability of school districts to maintain their facilities
and grounds has been jeopardized due to severe budget cuts in recent
years and the current economic climate in which school districts now
operate.
   (5) The costs directly incurred by a school district to maintain
its facilities or grounds exceeds the operational costs associated
with supplies, utilities, janitorial services, and services of school
district employees that are necessitated by an organization's use of
the school facilities or grounds.
   (6) The "direct cost" to maintain school facilities and grounds
also includes ongoing costs related to maintenance, repair,
restoration, and refurbishment of the school facilities or grounds.
   (b) It is therefore the intent of the Legislature to amend the
Civic Center Act to authorize a school district to charge an
organization using school facilities or grounds an amount
proportional to the organization's use of the school facilities or
grounds to maintain, repair, restore, and refurbish the school
facilities or grounds and to limit the proportional costs related to
maintenance, repair, restoration, and refurbishment to only a school'
s nonclassroom space and grounds.
  SEC. 2.  Section 38134 of the Education Code 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.
   (b) Except as otherwise provided by law, a governing board may
charge an amount not to exceed its direct costs for use of its school
facilities or grounds. A governing board 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 district's 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 entity's 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. 3.  Section 38134 is added to the Education Code, 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.
   (b) Except as otherwise provided by law, a governing board may
charge an amount not to exceed its direct costs for use of its school
facilities or grounds. A governing board 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 district's 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 entity's 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.