BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1404| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1404 Author: Hancock (D) Amended: 5/25/12 Vote: 21 SENATE EDUCATION COMMITTEE : 7-1, 4/18/12 AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price, Simitian NOES: Vargas NO VOTE RECORDED: Runner, Blakeslee, Vacancy SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/24/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price, Steinberg SUBJECT : Civic Center Act SOURCE : Los Angeles Unified School District Piedmont Unified School District DIGEST : This bill expands the authority of a school district governing board to charge fees for the use of its school facilities and grounds under the Civic Center Act. This bill sunsets on January 1, 2020. ANALYSIS : Existing law, known as the "civic center act" 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 CONTINUED SB 1404 Page 2 to engage in supervised recreation and meet and discuss subjects pertaining to the interests of the citizens of the communities in which they reside. The school district governing board is authorized to set terms and conditions for this use of public school facilities and grounds, and some conditions are specified in statute. In addition, the governing board is authorized to charge an amount not to exceed its direct costs for use of its facilities by any entity. Existing law defines direct cost as costs of supplies, utilities, janitorial services, services of any other district employees, and salaries paid school district employees necessitate by the organization's use of the school district's facilities/grounds. In the case of entertainments or meetings where admission is charged or contributions are solicited, and the receipts are not expended for the welfare of the district's students, districts are required to charge a fee equal to fair rental value. Existing law defines "fair rental value" as the direct costs to the districts plus the amortized costs of the facilities or grounds used for the duration of the authorized activity. Existing law 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. This bill expands the definition of "direct costs" which a school district is authorized to charge for the use of its facilities and grounds under the Civic Center Act to include: 1. The share of the costs, as specified, to operate and maintain school facilities or grounds proportional to the use of the facilities or grounds by the entity using them. 2. The share of the costs of repair, restoration, and refurbishment proportional to the use of school CONTINUED SB 1404 Page 3 facilities or grounds proportional to the use by the entity. This bill requires, by December 31, 2013, the Superintendent to develop, and the State Board of Education to adopt, regulations to be used by a school district, as specified. This bill sunsets on January 1, 2020. Comments Existing law authorizes a school district to charge fees for use of their grounds or facilities that cover direct costs, i.e. the incremental costs to the district caused by the community organization's use. However, existing law does not allow the inclusion of any of the district's cost to maintain the facilities in condition for use by the public or students or to replace equipment such as artificial turf, track surfaces, or gym floors, which are worn out over time. Districts' strained general fund . Maintenance costs for facilities and grounds are generally covered under a district's general fund budget. State budget cuts have resulted in many districts being unable to set aside funds to maintain or repair facilities and grounds. In addition, in order to provide districts with the flexibility to meet their local needs, the Legislature and Governor, through the Budget Act, have authorized the flexibility to use some categorical funds for any purpose until 2014-15. These include deferred maintenance funds, generally used for major repair or replacement of plumbing, heating, air conditioning, electrical, roofing, and floor systems, painting, and other items. The challenge of maintaining facilities and grounds are further exacerbated by the use of facilities and grounds by non-profit organizations, sports leagues, and community organizations. Given the realities of the state's fiscal condition and the impact this has had on school districts, it appears that without some additional source of funding, districts may be unable to ensure the ongoing maintenance of school facilities and grounds for their intended purposes. CONTINUED SB 1404 Page 4 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 5/25/12) Association of California School Administrators Los Angeles Unified School District Piedmont Unified School District Riverside County School Superintendents' Association San Diego Unified School District San Francisco Unified School District ARGUMENTS IN SUPPORT : Supporters argue that over the past several years, school districts throughout the state have experienced very deep budget cuts. Those cuts have not only impacted teachers, aides, administrators, but also the facilities and play fields we all use. When the Civic Center Act was created, its goal was to provide the public with access to school facilities and play fields. Since the creation of the Civic Center Act, the costs to maintain these facilities and play fields have been covered under a school district's general fund budget. However, due to the ongoing budget cuts, many school districts are no longer able to maintain these facilities. This puts in jeopardy the access to clean and safe school facilities and play fields for both the community and the students. Currently, the Civic Center Act authorizes a school district to recoup "direct costs" such as the cost of supplies, utilities, janitorial services, and any administrative costs. This bill expands the definition of direct costs and authorizes school districts to charge for the proportional share of the cost of maintaining, repairing or replacing those facilities. With the deep cuts school districts are facing, school districts need the ability to ask those community organizations who use school facilities and play fields to pay their fair share of the actual costs to make these facilities available. PQ:mw 5/25/12 Senate Floor Analyses CONTINUED SB 1404 Page 5 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED