BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                       CONSENT


          Bill No:  AB 1906
          Author:   Wilk (R), et al.
          Amended:  6/12/14 in Senate
          Vote:     21

           
           SENATE EDUCATION COMMITTEE  :  6-0, 6/4/14
          AYES:  Liu, Wyland, Block, Hancock, Huff, Monning
          NO VOTE RECORDED:  Correa, Vacancy, Vacancy

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

          ASSEMBLY FLOOR  :  75-0, 4/24/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Community college property:  direct costs for use

           SOURCE  :     College of the Canyons


           DIGEST  :    This bill, until January 1, 2020, expands the  
          definition of direct costs, for purposes of determining the  
          amount a governing board of a California Community College (CCC)  
          may charge for the use of its facilities or grounds under the  
          Civic Center Act (Act).

           ANALYSIS  :    Existing law, known as the "Act" declares that at  
          every CCC there is a civic center where the governing board of  
          the CCC district may grant various organizations, clubs, and  
          associations, some of which are specified, the opportunity to  
          engage in supervised recreational activities and meet and  
          discuss subjects pertaining to the interests of the citizens of  
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          the communities in which they reside.  

          The district governing board of a CCC is authorized to set terms  
          and conditions for this use of college facilities or grounds,  
          and some conditions are specified in statute.  In addition, the  
          district governing board of a CCC is authorized to charge  
          specified organizations and activities an amount not to exceed  
          the costs of opening and closing facilities, providing for a  
          college employee's presence during the facilities use,  
          janitorial services, and utilities, as specified.

          For more general uses, the district governing board of a CCC is  
          authorized to charge an amount not to exceed its "direct costs"  
          or not to exceed "fair rental value" of college facilities and  
          grounds under its control.  

          Existing law defines "direct costs" as costs of supplies,  
          utilities, janitorial services, services of any other district  
          employees, and salaries paid school district employees  
          necessitated by the organization's use of the CCC district's  
          facilities/grounds.  Existing law defines "fair rental value" as  
          the direct costs to the colleges plus the amortized costs of the  
          facilities or grounds used for the duration of the authorized  
          activity.

          The district governing board of a CCC is required to charge fair  
          rental value in the following specified cases:

          1. When the district authorizes the use of college facilities or  
             grounds by any church or religious organization for the  
             conduct of religious services, as specified.

          2. 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 college's students.  

          This bill:

          1. Expands the definition of "direct costs," until January 1,  
             2020, which a CCC district is authorized to charge for the  
             use of its facilities and grounds under the Act to include:

             A.    The share of the costs, as specified, to operate and  
                maintain school facilities or grounds proportional to  







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                the use of the facilities or grounds by the entity using  
                them.

             B.    The share of the costs for maintenance, repair,  
                restoration and refurbishment, proportional to the use  
                of the facilities (defined as nonclassroom space) or  
                grounds (defined as including but not limited to playing  
                fields, athletic fields, track and field venues, tennis  
                courts, and outdoor basketball courts) by the entity  
                using them.

          2. Prohibits the application of share of costs to  
             classroom-based programs that operate after school hours  
             including but not limited to after school programs, tutoring  
             programs, or child care programs, or to organizations  
             retained by the college or district to provide instruction or  
             instructional activities to students during school hours. 

          3. Requires creation of a special fund for deposit of funds  
             collected pursuant to the bill's provisions and prohibits the  
             use of these funds for purposes other than those prescribed  
             under the Act.

          4. Requires, by December 31, 2015, the CCC Chancellor's Office  
             to develop, and the Board of Governors of the CCC to adopt,  
             regulations to be used by local district governing board of a  
             CCC to determine the proportionate share and the specific  
             allowable costs that may be included as direct costs for the  
             bill's purposes.

          5. Sunsets these provisions on January 1, 2020.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/30/14)

          College of the Canyons (source)
          California School Employees Association
          Community College League of California
          Kern Community College District
          Los Angeles Community College District
          Napa Valley College
          South Orange County Community College District







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          Taft College

           
          ASSEMBLY FLOOR  :  75-0, 4/24/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Grove, Hagman, Hall, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,  
            Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Gray, Harkey, Mansoor, Nazarian, Vacancy


          PQ:d  7/1/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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