BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1404|
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                                 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 
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          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 

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             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.


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           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 


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                         SUPPORT/OPPOSITION:  SEE ABOVE

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