Amended in Assembly March 15, 2016

Amended in Assembly March 8, 2016

Amended in Assembly February 25, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1557

Introduced by Assembly Member Mathis

(Coauthors: Assembly Members begin delete Chávez and Cooper) end delete begin insert Chávez, Cooper, and Wagner) end insert

(Coauthors: Senators Anderson, Huff, and Runner)

January 4, 2016

An act to amend Section 38134 of the Education Code, relating to school facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 1557, as amended, Mathis. School facilities: use by nonprofit youth organizations.

Existing law, known as the Civic Center Act, authorizes the governing board of a school district to grant the use of school facilities or grounds as a civic center, for specified purposes, upon terms and conditions deemed proper by the governing board of the school district. The act requires the governing board of a school district to authorize the use of school facilities or grounds by a nonprofit organization, or by a club or an association organized to promote youth and school activities, including, but not necessarily limited to, the Girl Scouts, the Boy Scouts, Camp Fire USA, the YMCA, a parent-teacher association, or a school-community advisory council. The act authorizes and requires the governing board of a school district to charge certain fees for use of its school facilities or grounds.

This bill would provide that a governing board of a school district may only charge a nonprofit organization, club, or association primarily organized to promote youth and school activities, including, but not necessarily limited to, the organizations listed above, an amount not to exceed the school district’s actual costs for janitorial services and utilities, and public safety services when deemed necessary, for the specific school facilities or grounds used.

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

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

SECTION 1.  

Section 38134 of the Education Code, as amended
by Section 2 of Chapter 764 of the Statutes of 2012, is amended
to read:

38134.  

(a) (1) The governing board of a school district shall
authorize the use of school facilities or grounds under its control
by a nonprofit organization, or by a club or an association
organized to promote youth and school activities, including, but
not necessarily limited to, any of the following:

(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
YMCA.

(B) A parent-teacher association.

(C) A school-community advisory council.

(2) This subdivision does not apply to a group that uses school
facilities or grounds for fundraising activities that are not beneficial
to youth or public school activities of the school district, as
determined by the governing board of the school district.

(b) (1) Except as otherwise provided by paragraph (2) or
elsewhere in law, a governing board of a school district may charge
an amount not to exceed its direct costs for use of its school
facilities or grounds pursuant to this section. A governing board
of a school district that levies these charges shall first adopt a
policy specifying which activities shall be charged an amount not
to exceed direct costs.

(2) The governing board of a school district may only charge a
nonprofit organization, club, or association primarily organized
to promote youth and school activities, including, but not
necessarily limited to, the organizations listed in paragraph (1) of
subdivision (a), an amount not to exceed the school district’s actual
costs for janitorial services and utilities, and public safety services
when deemed necessary, for the specific school facilities or grounds
used pursuant to this section.

(c) The governing board of a school district may charge an
amount, not to exceed its direct costs for use of its school facilities
or grounds by the entity using the school facilities or grounds,
including a religious organization or church, that arranges for and
supervises sports league activities for youths as described in
paragraph (6) of subdivision (b) of Section 38131.

(d) The governing board of a school district that authorizes the
use of school facilities or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious organization an amount at least equal to the
school district’s direct costs.

(e) In the case of an entertainment or a meeting where an
admission fee is charged or contributions are solicited, and the net
receipts are not expended for the welfare of the pupils of the school
district or for charitable purposes, a charge equal to fair rental
value shall be levied for the use of the school facilities or grounds.

(f) If the use of school facilities or grounds under this section
results in the destruction of school property, the entity using the
school facilities or grounds may be charged for an amount
necessary to repay the damages, and further use of the facilities
or grounds by that entity may be denied.

(g) As used in this section:

(1) “Direct costs” to the school district for the use of school
facilities or grounds includes all of the following:

(A) The share of the costs of supplies, utilities, janitorial
services, services of school district employees, and salaries paid
to school district employees directly associated with the
administration of this section to operate and maintain school
facilities or grounds that is proportional to the entity’s use of the
school facilities or grounds under this section.

(B) The share of the costs for maintenance, repair, restoration,
and refurbishment, proportional to the use of the school facilities
or grounds by the entity using the school facilities or grounds under
this section as follows:

(i) For purposes of this subparagraph, “school facilities” shall
be limited to only nonclassroom begin delete space end delete begin insert space, end insert and “school grounds”
shall include, but not begin insert necessarily end insert be limited to, playing fields,
athletic fields, track and field venues, tennis courts, and outdoor
basketball courts.

(ii) The share of the cost for maintenance, repair, restoration,
and refurbishment shall not apply to:

(I) Classroom-based programs that operate after school hours,
including, but not begin insert necessarily end insert limited to, after school programs,
tutoring programs, or child care programs.

(II) Organizations retained by the school or school district to
provide instruction or instructional activities to pupils during school
hours.

(iii) Funds collected under this subparagraph shall be deposited
into a special fund that shall only be used for purposes of this
section.

(2) “Fair rental value” means the direct costs to the school
district plus the amortized costs of the school facilities or grounds
used for the duration of the activity authorized.

(h) By December 31, 2013, the Superintendent shall develop,
and the state board shall adopt, regulations to be used by a school
district in determining the proportionate share and the specific
allowable costs that a school district may include as direct costs
for the use of its school facilities or grounds.

(i) (1) A school district authorizing the use of school facilities
or grounds under subdivision (a) is liable for an injury resulting
from the negligence of the school district in the ownership and
maintenance of the school facilities or grounds. An entity using
school facilities or grounds under this section is liable for an injury
resulting from the negligence of that entity during the use of the
school facilities or grounds. The school district and the entity using
the school facilities or grounds under this section shall each bear
the cost of insuring against its respective risks, and shall each bear
the costs of defending itself against claims arising from those risks.

(2) Notwithstanding any other law, this subdivision shall not
be waived. This subdivision does not limit or affect the immunity
or liability of a school district under Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code for injuries
caused by a dangerous condition of public property.

(j) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.  

Section 38134 of the Education Code, as added by
Section 3 of Chapter 764 of the Statutes of 2012, is amended to
read:

38134.  

(a) (1) The governing board of a school district shall
authorize the use of school facilities or grounds under its control
by a nonprofit organization, or by a club or an association
organized to promote youth and school activities, including, but
not necessarily limited to, any of the following:

(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
YMCA.

(B) A parent-teacher association.

(C) A school-community advisory council.

(2) This subdivision does not apply to a group that uses school
facilities or grounds for fundraising activities that are not beneficial
to youth or public school activities of the school district, as
determined by the governing board of the school district.

(b) (1) Except as otherwise provided by paragraph (2) or
elsewhere in law, a governing board of a school district may charge
an amount not to exceed its direct costs for use of its school
facilities or grounds pursuant to this section. A governing board
of a school district that levies these charges shall first adopt a
policy specifying which activities shall be charged an amount not
to exceed direct costs.

(2) The governing board of a school district may only charge a
nonprofit organization, club, or association primarily organized
to promote youth and school activities, including, but not
necessarily limited to, the organizations listed in paragraph (1) of
subdivision (a), an amount not to exceed the school district’s actual
costs for janitorial services and utilities, and public safety services
when deemed necessary, for the specific school facilities or grounds
used pursuant to this section.

(c) The governing board of a school district may charge an
amount, not to exceed its direct costs for use of its school facilities
or grounds by the entity using the school facilities or grounds,
including a religious organization or church, that arranges for and
supervises sports league activities for youths as described in
paragraph (6) of subdivision (b) of Section 38131.

(d) The governing board of a school district that authorizes the
use of school facilities or grounds for the purpose specified in
paragraph (3) of subdivision (b) of Section 38131 shall charge the
church or religious organization an amount at least equal to the
school district’s direct costs.

(e) In the case of an entertainment or a meeting where an
admission fee is charged or contributions are solicited, and the net
receipts are not expended for the welfare of the pupils of the school
district or for charitable purposes, a charge equal to fair rental
value shall be levied for the use of the school facilities or grounds.

(f) If the use of school facilities or grounds under this section
results in the destruction of school property, the entity using the
school facilities or grounds may be charged for an amount
necessary to repay the damages, and further use of facilities or
grounds by that entity may be denied.

(g) As used in this section:

(1) “Direct costs” to the school district for the use of school
facilities or grounds means the costs of supplies, utilities, janitorial
services, services of school district employees, and salaries paid
to school district employees directly associated with the
administration of this section necessitated by the entity’s use of
the school facilities or grounds.

(2) “Fair rental value” means the direct costs to the school
district plus the amortized costs of the school facilities or grounds
used for the duration of the activity authorized.

(h) (1) A school district authorizing the use of school facilities
or grounds under subdivision (a) is liable for an injury resulting
from the negligence of the school district in the ownership and
maintenance of the school facilities or grounds. An entity using
school facilities or grounds under this section is liable for an injury
resulting from the negligence of that entity during the use of the
school facilities or grounds. The school district and the entity using
the school facilities or grounds under this section shall each bear
the cost of insuring against its respective risks and shall each bear
the costs of defending itself against claims arising from those risks.

(2) Notwithstanding any other law, this subdivision shall not
be waived. This subdivision does not limit or affect the immunity
or liability of a school district under Division 3.6 (commencing
with Section 810) of Title 1 of the Government Code for an injury
caused by a dangerous condition of public property.

(i) This section is operative on and after January 1, 2020.