California Senate Bill SB1404 Introduced / Bill

 BILL NUMBER: SB 1404INTRODUCED 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.