Amended in Senate June 12, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1906


Introduced by Assembly Member Wilk

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(Coauthor: Assembly Member Hagman)

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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 amended, 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,begin delete 2022,end deletebegin insert 2020,end insert 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 of a community college district shall grant without charge
5the 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 purposes, such
21as folk and square dancing.

22(9) Groups organized for the purpose specified in subdivision
23(k).

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

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
P3    1determines that the supervision is needed, and if that employee
2would not otherwise be present as part of his or her normal duties.

3(3) The cost of janitorial services, if the services are necessary,
4and would not have otherwise been performed as part of the
5janitor’s normal duties.

6(4) The cost of utilities directly attributable to the organization’s
7use of the facilities.

8(c) The governing board may charge an amount not to exceed
9its direct costs or not to exceed fair rental value of college facilities
10and grounds under its control, and pursuant to the requirements of
11this article, for activities other than those specified in subdivision
12(a). A governing board that decides to levy these charges shall first
13adopt a policy specifying which activities shall be charged an
14amount not to exceed direct costs and which activities shall be
15charged an amount not to exceed fair rental value.

16(d) (1) As used in this section, “direct costs” to the district for
17the use of college facilities or grounds includes all of the following:

18(A) The share of the costs of supplies, utilities, janitorial
19services, services of any other district employees, and salaries paid
20to community college district employees to operate and maintain
21college facilities or grounds that is proportional to the
22organization’s use of the college facilities and grounds of the
23district under this section.

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

32(2) The share of the costs for maintenance, repair, restoration,
33and refurbishment shall not apply to either of the following:

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

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

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.

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.

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

14(g) The governing board of a community college district that
15authorizes the use of college facilities or grounds for the purpose
16specified in subdivision (h) shall charge the church or religious
17denomination an amount at least equal to the fair rental value of
18the facilities or grounds.

19(h) The governing board of a community college district may
20grant the use of college facilities or grounds to any church or
21religious organization for the conduct of religious services for
22temporary periods where the church or organization has no suitable
23meeting place for the conduct of these services upon the terms and
24conditions as the board deems proper, and subject to the limitations,
25requirements, and restrictions set forth in this article. The governing
26board shall charge the church or religious organization using the
27property for the conduct of religious services a fee as specified in
28subdivision (g).

29(i) For entertainment or a meeting where an admission fee is
30charged or a contribution is solicited and the net receipts of the
31admission fees or contributions are not expended for the welfare
32of the students of the district or for charitable purposes, a charge
33equal to fair rental value shall be levied for the use of the college
34facilities, property, and grounds, as determined by the governing
35board of the district.

36(j) The governing board may permit the use, without charge,
37by organizations, clubs, or associations organized for senior citizens
38and for cultural activities and general character building or welfare
39purposes, when membership dues or contributions solely for the
40support of the organization, club, or association, or the
P5    1advancement of its cultural, character building or welfare work,
2are accepted.

3(k) The governing board of a community college district may
4grant the use of college facilities, grounds, and equipment to public
5agencies, including the American Red Cross, for mass care and
6welfare shelters during disasters or other emergencies affecting
7the public health and welfare, and may cooperate with these
8agencies in furnishing and maintaining services deemed by the
9governing board to be necessary to meet the needs of the
10community.

11(l) This section shall remain in effect only until January 1,begin delete 2022,end delete
12begin insert 2020,end insert and as of that date is repealed, unless a later enacted statute,
13that is enacted before January 1,begin delete 2022,end deletebegin insert 2020,end insert deletes or extends
14that date.

15

SEC. 2.  

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

16

82542.  

(a) Except as provided in subdivision (b), the governing
17board of a community college district shall grant without charge
18the use of any college facilities or grounds under its control,
19pursuant to the requirements of this article, when an alternative
20location is not available, to nonprofit organizations and clubs and
21associations organized for general character building or welfare
22purposes, such as:

23(1) Student clubs and organizations.

24(2) Fundraising entertainments or meetings where admission
25fees charged or contributions solicited are expended for the welfare
26of the students of the district.

27(3) Parent-teachers’ associations.

28(4) School-community advisory councils.

29(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.

30(6) Senior citizens’ organizations.

31(7) Other public agencies.

32(8) Organizations, clubs, or associations organized for cultural
33activities and general character building or welfare purposes, such
34as folk and square dancing.

35(9) Groups organized for the purpose specified in subdivision
36(g).

37(b) The governing board may charge those organizations and
38activities listed in subdivision (a) an amount not to exceed the
39 following:

P6    1(1) The cost of opening and closing the facilities, if no college
2employees would otherwise be available to perform that function
3as a part of their normal duties.

4(2) The cost of a college employee’s presence during the
5organization’s use of the facilities, if the governing board
6determines that the supervision is needed, and if that employee
7would not otherwise be present as part of his or her normal duties.

8(3) The cost of janitorial services, if the services are necessary,
9and would not have otherwise been performed as part of the
10janitor’s normal duties.

11(4) The cost of utilities directly attributable to the organization’s
12use of the facilities.

13(c) The governing board may charge an amount not to exceed
14its direct costs or not to exceed fair rental value of college facilities
15and grounds under its control, and pursuant to the requirements of
16this article, for activities other than those specified in subdivision
17(a). A governing board that decides to levy these charges shall first
18adopt a policy specifying which activities shall be charged an
19amount not to exceed direct costs and which activities shall be
20charged an amount not to exceed fair rental value.

21(1) As used in this section, “direct costs” to the district for the
22use of college facilities or grounds means those costs of supplies,
23utilities, janitorial services, services of any other district employees,
24and salaries paid community college district employees necessitated
25by the organization’s use of the college facilities and grounds of
26the district.

27(2) As used in this section, “fair rental value” means the direct
28costs to the district, plus the amortized costs of the college facilities
29or grounds used for the duration of the activity authorized.

30(d) The governing board of a community college district that
31authorizes the use of college facilities or grounds for the purpose
32specified in subdivision (e) shall charge the church or religious
33denomination an amount at least equal to the fair rental value of
34the facilities or grounds.

35(e) The governing board of a community college district may
36grant the use of college facilities or grounds to any church or
37religious organization for the conduct of religious services for
38temporary periods where the church or organization has no suitable
39meeting place for the conduct of these services upon the terms and
40conditions as the board deems proper, and subject to the limitations,
P7    1requirements, and restrictions set forth in this article. The governing
2board shall charge the church or religious organization using the
3property for the conduct of religious services a fee as specified in
4subdivision (d).

5(f) For entertainment or a meeting where an admission fee is
6charged or a contribution is solicited and the net receipts of the
7admission fees or contributions are not expended for the welfare
8of the students of the district or for charitable purposes, a charge
9shall be made for the use of the college facilities, property, and
10grounds, which charge shall not be less than the fair rental value
11for the use of the college facilities,begin delete propertyend deletebegin insert property,end insert and grounds,
12as determined by the governing board of the district.

13(g) The governing board may permit the use, without charge,
14by organizations, clubs, or associations organized for senior citizens
15and for cultural activities and general character building or welfare
16purposes, when membership dues or contributions solely for the
17support of the organization, club, or association, or the
18advancement of its cultural, character building or welfare work,
19are accepted.

20(h) The governing board of a community college district may
21grant the use of college facilities, grounds, and equipment to public
22agencies, including the American Red Cross, for mass care and
23welfare shelters during disasters or other emergencies affecting
24the public health and welfare, and may cooperate with these
25agencies in furnishing and maintaining services deemed by the
26governing board to be necessary to meet the needs of the
27community.

28(i) This section is operative on and after January 1,begin delete 2022.end deletebegin insert 2020.end insert



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