BILL NUMBER: SB 1404	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 26, 2012

INTRODUCED BY   Senator Hancock

                        FEBRUARY 24, 2012

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



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1404, as amended, 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  , until January 1, 2020,  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;   provision, and  a
share of the  amortized  costs  of
  for maintenance,  repair,  refurbishment,
or replacement   restoration, and refurbishment 
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
would require the State Board of Education to develop guidelines 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 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
  yes  . 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 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 1.   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,
if an alternative location is not available, 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; or Camp Fire, Inc.
   (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. 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  denomination   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 
market   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)  (A)    "Direct costs" to
the school district for the use of school facilities or grounds
includes all of the following: 
   (i) 
    (A)  The share of the costs of supplies, utilities,
janitorial services, services of school district employees, and
salaries paid  to  school district employees 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) 
    (B)  The share of  amortized   the
 costs  of   for maintenance,  repair,
 refurbishment, or replacement of  
restoration, and refurbishment, proportional to the use of the 
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.  
   (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) The state board shall develop guidelines 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. 

   (h) 
    (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 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,
if an alternative location is not available, 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; or Camp Fire, Inc.
   (B) A parent-teachers 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 those costs of supplies, utilities,
janitorial services, services of school district employees, and
salaries paid to school district employees 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.