California Legislature—2013–14 Regular Session

Assembly BillNo. 1906


Introduced by Assembly Member Wilk

February 19, 2014


An act to amend, repeal, and add Section 82542 of the Education Code, relating to community college property.

LEGISLATIVE COUNSEL’S DIGEST

AB 1906, as introduced, Wilk. Community college property: direct costs for use.

Existing law provides that there is a civic center at every community college within the state, and authorizes the governing board of a community college district to grant the use of college facilities or grounds for specified purposes. Existing law limits the amount a community college may charge an entity to use the college facilities or grounds for those purposes to specified costs. Existing law, for use of college facilities or grounds for other purposes, authorizes the governing board of a community college to charge an amount not to exceed its direct costs or not to exceed fair rental value, as those terms are defined, of college facilities and grounds under its control.

This bill, until January 1, 2022, would expand the definition of direct costs to include, among other things, the share of costs for maintenance, repair, restoration, and refurbishment proportional to the entity’s use of the college facilities or grounds. The bill would require the Chancellor of the California Community Colleges to develop, and the Board of Governors of the California Community Colleges to adopt, regulations to be used by a community college district in determining the proportionate share and the specific allowable costs to be included as direct costs for use of its college facilities or grounds. The bill would make other related changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 82542 of the Education Code is amended
2to read:

3

82542.  

(a) Except as provided in subdivision (b), the governing
4board ofbegin delete anyend deletebegin insert aend insert community college district shall grant without
5charge the use of any college facilities or grounds under its control,
6pursuant to the requirements of this article, when an alternative
7location is not available, to nonprofit organizations and clubs and
8associations organized for general character building or welfare
9purposes, such as:

10(1) Student clubs and organizations.

11(2) Fundraising entertainments or meetings where admission
12fees charged or contributions solicited are expended for the welfare
13of the students of the district.

14(3) Parent-teachers’ associations.

15(4) School-community advisory councils.

16(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.

17(6) Senior citizens’ organizations.

18(7) Other public agencies.

19(8) Organizations, clubs, or associations organized for cultural
20activities and general character building or welfare purposesbegin delete (suchend deletebegin insert,
21suchend insert
as folk and squarebegin delete dancing).end deletebegin insert dancing.end insert

22(9) Groups organized for the purpose specified in subdivision
23begin delete (g)end deletebegin insert (k)end insert.

24(b) The governing board may charge those organizations and
25activities listed in subdivision (a) an amount not to exceed the
26following:

27(1) The cost of opening and closing the facilities, if no college
28employees would otherwise be available to perform that function
29as a part of their normal duties.

30(2) The cost of a college employee’s presence during the
31organization’s use of the facilities, if the governing board
32determines that the supervision is needed, and if that employee
33would not otherwise be present as part of his or her normal duties.

P3    1(3) The cost of janitorial services, if the services are necessary,
2and would not have otherwise been performed as part of the
3janitor’s normal duties.

4(4) The cost of utilities directly attributable to the organization’s
5use of the facilities.

6(c) The governing board may charge an amount not to exceed
7its direct costs or not to exceed fair rental value of college facilities
8and grounds under its control, and pursuant to the requirements of
9this article, for activities other than those specified in subdivision
10 (a).begin delete Eachend deletebegin insert Aend insert governing boardbegin delete whichend deletebegin insert thatend insert decides to levy these
11charges shall first adopt a policy specifying which activities shall
12be charged an amount not to exceed direct costs and which
13activities shall be charged an amount not to exceed fair rental
14value.

begin delete

15(1)

end delete

16begin insert(d)end insertbegin insertend insertbegin insert(1)end insert As used in this section, “direct costs” to the district for
17the use of college facilities or groundsbegin delete means those costsend deletebegin insert includes
18all of the following:end insert

19begin insert(A)end insertbegin insertend insertbegin insertThe share of the end insertcosts of supplies, utilities, janitorial
20services, services of any other district employees, and salaries paid
21begin insert toend insert community college district employeesbegin delete necessitated byend deletebegin insert to operate
22and maintain college facilities or grounds that is proportional toend insert

23 the organization’s use of the college facilities and grounds of the
24districtbegin insert under this sectionend insert.

begin insert

25(B) The share of the costs for maintenance, repair, restoration,
26and refurbishment, proportional to the use of the college facilities
27or grounds by the organization using the college facilities or
28grounds under this section. For purposes of this subparagraph,
29“college facilities” shall be limited to only nonclassroom space,
30and “grounds” shall include, but not be limited to, playing fields,
31athletic fields, track and field venues, tennis courts, and outdoor
32basketball courts.

end insert
begin insert

33(2) The share of the costs for maintenance, repair, restoration,
34and refurbishment shall not apply to either of the following:

end insert
begin insert

35(A) Classroom-based programs that operate after school hours,
36including, but not limited to, after school programs, tutoring
37programs, or child care programs.

end insert
begin insert

38(B) Organizations retained by the college or community college
39district to provide instruction or instructional activities to students
40during school hours.

end insert
begin insert

P4    1(3) Funds collected pursuant to this subdivision shall be
2deposited into a special fund that shall only be used for purposes
3of this section.

end insert
begin insert

4(e) By December 31, 2015, the Chancellor of the California
5Community Colleges shall develop, and the Board of Governors
6of the California Community Colleges shall adopt, regulations to
7be used by a governing board of a community college in
8determining the proportionate share and the specific allowable
9costs that a community college district may include as direct costs
10for the use of its college facilities or grounds.

end insert
begin delete

11(2)

end delete

12begin insert(f)end insert As used in this section, “fair rental value” means the direct
13costs to the district, plus the amortized costs of the college facilities
14or grounds used for the duration of the activity authorized.

begin delete

15(d)

end delete

16begin insert(g)end insert The governing board ofbegin delete anyend deletebegin insert a communityend insert college district
17begin delete whichend deletebegin insert thatend insert authorizes the use of college facilities or grounds for
18the purpose specified in subdivisionbegin delete (e)end deletebegin insert (h)end insert shall charge the church
19or religious denomination an amount at least equal to the fair rental
20value of the facilities or grounds.

begin delete

21(e)

end delete

22begin insert(h)end insert The governing board ofbegin delete anyend deletebegin insert aend insert community college district
23may grant the use of college facilities or grounds to any church or
24religious organization for the conduct of religious services for
25temporary periods where the church or organization has no suitable
26meeting place for the conduct of these services upon the terms and
27conditions as the board deems proper, and subject to the limitations,
28requirements, and restrictions set forth in this article. The governing
29board shall charge the church or religious organization using the
30property for the conduct of religious services a fee as specified in
31subdivisionbegin delete (d).end deletebegin insert (g).end insert

begin delete

32(f) In the case of entertainments

end delete

33begin insert(i)end insertbegin insertend insertbegin insertFor entertainmentend insert orbegin delete meetingsend deletebegin insert a meetingend insert wherebegin insert anend insert admission
34begin delete fees areend deletebegin insert fee isend insert charged orbegin delete contributions areend deletebegin insert a contribution isend insert
35 solicited and the net receipts of the admission fees or contributions
36are not expended for the welfare of the students of the district or
37for charitable purposes, a chargebegin insert equal to fair rental valueend insert shall
38bebegin delete madeend deletebegin insert leviedend insert for the use of the college facilities, property, and
39grounds,begin delete which charge shall not beend deletebegin deleteless than the fair rental value
P5    1for the use of the college facilities, property and grounds,end delete
as
2determined by the governing board of the district.

begin delete

3The

end delete

4begin insert(j)end insertbegin insertend insertbegin insertTheend insert governing boardbegin delete may, however,end deletebegin insert mayend insert permit the use,
5without charge, by organizations, clubs, or associations organized
6for senior citizens and for cultural activities and general
7character-building or welfare purposes, when membership dues
8or contributions solely for the support of the organization, club,
9or association, or the advancement of its cultural, character-building
10or welfare work, are accepted.

begin delete

11(g)

end delete

12begin insert(k)end insert The governing board of a community college district may
13grant the use of college facilities, grounds, and equipment to public
14agencies, including the American Red Cross, for mass care and
15welfare shelters during disasters or other emergencies affecting
16the public health and welfare, and may cooperate with these
17agencies in furnishing and maintaining services deemed by the
18governing board to be necessary to meet the needs of the
19community.

begin insert

20(l) This section shall remain in effect only until January 1, 2022,
21and as of that date is repealed, unless a later enacted statute, that
22is enacted before January 1, 2022, deletes or extends that date.

end insert
23

SEC. 2.  

Section 82542 is added to the Education Code, to read:

24

82542.  

(a) Except as provided in subdivision (b), the governing
25board of a community college district shall grant without charge
26the use of any college facilities or grounds under its control,
27pursuant to the requirements of this article, when an alternative
28location is not available, to nonprofit organizations and clubs and
29associations organized for general character building or welfare
30purposes, such as:

31(1) Student clubs and organizations.

32(2) Fundraising entertainments or meetings where admission
33fees charged or contributions solicited are expended for the welfare
34of the students of the district.

35(3) Parent-teachers’ associations.

36(4) School-community advisory councils.

37(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.

38(6) Senior citizens’ organizations.

39(7) Other public agencies.

P6    1(8) Organizations, clubs, or associations organized for cultural
2activities and general character building or welfare purposes, such
3as folk and square dancing.

4(9) Groups organized for the purpose specified in subdivision
5(g).

6(b) The governing board may charge those organizations and
7activities listed in subdivision (a) an amount not to exceed the
8 following:

9(1) The cost of opening and closing the facilities, if no college
10employees would otherwise be available to perform that function
11as a part of their normal duties.

12(2) The cost of a college employee’s presence during the
13organization’s use of the facilities, if the governing board
14determines that the supervision is needed, and if that employee
15would not otherwise be present as part of his or her normal duties.

16(3) The cost of janitorial services, if the services are necessary,
17and would not have otherwise been performed as part of the
18janitor’s normal duties.

19(4) The cost of utilities directly attributable to the organization’s
20use of the facilities.

21(c) The governing board may charge an amount not to exceed
22its direct costs or not to exceed fair rental value of college facilities
23and grounds under its control, and pursuant to the requirements of
24this article, for activities other than those specified in subdivision
25(a). A governing board that decides to levy these charges shall first
26adopt a policy specifying which activities shall be charged an
27amount not to exceed direct costs and which activities shall be
28charged an amount not to exceed fair rental value.

29(1) As used in this section, “direct costs” to the district for the
30use of college facilities or grounds means those costs of supplies,
31utilities, janitorial services, services of any other district employees,
32and salaries paid community college district employees necessitated
33by the organization’s use of the college facilities and grounds of
34the district.

35(2) As used in this section, “fair rental value” means the direct
36costs to the district, plus the amortized costs of the college facilities
37or grounds used for the duration of the activity authorized.

38(d) The governing board of a community college district that
39authorizes the use of college facilities or grounds for the purpose
40specified in subdivision (e) shall charge the church or religious
P7    1denomination an amount at least equal to the fair rental value of
2the facilities or grounds.

3(e) The governing board of a community college district may
4grant the use of college facilities or grounds to any church or
5religious organization for the conduct of religious services for
6temporary periods where the church or organization has no suitable
7meeting place for the conduct of these services upon the terms and
8conditions as the board deems proper, and subject to the limitations,
9requirements, and restrictions set forth in this article. The governing
10board shall charge the church or religious organization using the
11property for the conduct of religious services a fee as specified in
12subdivision (d).

13(f) For entertainment or a meeting where an admission fee is
14charged or a contribution is solicited and the net receipts of the
15admission fees or contributions are not expended for the welfare
16of the students of the district or for charitable purposes, a charge
17shall be made for the use of the college facilities, property, and
18grounds, which charge shall not be less than the fair rental value
19for the use of the college facilities, property and grounds, as
20determined by the governing board of the district.

21(g) The governing board may permit the use, without charge,
22by organizations, clubs, or associations organized for senior citizens
23and for cultural activities and general character-building or welfare
24 purposes, when membership dues or contributions solely for the
25support of the organization, club, or association, or the
26advancement of its cultural, character-building or welfare work,
27are accepted.

28(h) The governing board of a community college district may
29grant the use of college facilities, grounds, and equipment to public
30agencies, including the American Red Cross, for mass care and
31welfare shelters during disasters or other emergencies affecting
32the public health and welfare, and may cooperate with these
33agencies in furnishing and maintaining services deemed by the
34governing board to be necessary to meet the needs of the
35community.

36(i) This section is operative on and after January 1, 2022.



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