Amended in Assembly April 26, 2016

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 BillNo. 1557

Introduced by Assembly Member Mathis

(Coauthors: Assembly Members Chávez,begin insert Chu, Cooley,end insert Cooper,begin insert Harper, Lackey,end insert and Wagner)

(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~~begin delete organizations.end delete~~begin insert organizations: recreational youth sports leagues.end insert

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~~begin delete provide thatend delete~~begin insert specifically authorizeend insert a governing board of a school districtbegin delete 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.end deletebegin insert 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, that is a recreational youth sports league that charges participants an average of no more than $60 per month.end insert

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

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

P2 1

SECTION 1.

Section 38134 of the Education Code, as amended
2by Section 2 of Chapter 764 of the Statutes of 2012, is amended
3to read:

38134.

(a) (1) The governing board of a school district shall
5authorize the use of school facilities or grounds under its control
6by a nonprofit organization, or by a club or an association
7organized to promote youth and school activities, including, but
8not necessarily limited to, any of the following:

9(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
10YMCA.

11(B) A parent-teacher association.

12(C) A school-community advisory council.

begin insert

13
(D) A recreational youth sports league that charges participants
14an average of no more than sixty dollars ($60) per month.

end insert

15(2) This subdivision does not apply to a group that uses school
16facilities or grounds for fundraising activities that are not beneficial
17to youth or public school activities of the school district, as
18determined by the governing board of the school district.

19(b) ~~begin delete(1)end deletebegin delete end delete~~Except as otherwise provided bybegin delete paragraph (2) or
20elsewhere inend delete law, a governing board of a school district may charge
21an amount not to exceed its direct costs for use of its school
22facilities or grounds pursuant to this section. A governing board
P3 1of a school district that levies these charges shall first adopt a
2policy specifying which activities shall be charged an amount not
3to exceed direct costs.

begin delete
4(2) The governing board of a school district may only charge a
5nonprofit organization, club, or association primarily organized
6to promote youth and school activities, including, but not
7necessarily limited to, the organizations listed in paragraph (1) of
8subdivision (a), an amount not to exceed the school district’s actual
9costs for janitorial services and utilities, and public safety services
10when deemed necessary, for the specific school facilities or grounds
11used pursuant to this section.
end delete

12(c) The governing board of a school district may charge an
13amount, not to exceed its direct costs for use of its school facilities
14or grounds by the entity using the school facilities or grounds,
15including a religious organization or church, that arranges for and
16supervises sports league activities for youths as described in
17paragraph (6) of subdivision (b) of Section 38131.

18(d) The governing board of a school district that authorizes the
19use of school facilities or grounds for the purpose specified in
20 paragraph (3) of subdivision (b) of Section 38131 shall charge the
21church or religious organization an amount at least equal to the
22school district’s direct costs.

23(e) In the case of an entertainment or a meeting where an
24admission fee is charged or contributions are solicited, and the net
25receipts are not expended for the welfare of the pupils of the school
26district or for charitable purposes, a charge equal to fair rental
27value shall be levied for the use of the school facilities or grounds.

28(f) If the use of school facilities or grounds under this section
29results in the destruction of school property, the entity using the
30school facilities or grounds may be charged for an amount
31necessary to repay the damages, and further use of the facilities
32or grounds by that entity may be denied.

33(g) As used in this section:

34(1) “Direct costs” to the school district for the use of school
35facilities or grounds includes all of the following:

36(A) The share of the costs of supplies, utilities, janitorial
37services, services of school district employees, and salaries paid
38to school district employees directly associated with the
39administration of this section to operate and maintain school
P4 1facilities or grounds that is proportional to the entity’s use of the
2school facilities or grounds under this section.

3(B) The share of the costs for maintenance, repair, restoration,
4and refurbishment, proportional to the use of the school facilities
5or grounds by the entity using the school facilities or grounds under
6this section as follows:

7(i) For purposes of this subparagraph, “school facilities” shall
8be limited to only nonclassroom space, and “school grounds” shall
9include, but not necessarily be limited to, playing fields, athletic
10fields, track and field venues, tennis courts, and outdoor basketball
11courts.

12(ii) The share of the cost for maintenance, repair, restoration,
13and refurbishment shall not apply to:

14(I) Classroom-based programs that operate after school hours,
15including, but not necessarily limited to, after school programs,
16tutoring programs, or child care programs.

17(II) Organizations retained by the school or school district to
18provide instruction or instructional activities to pupils during school
19hours.

20(iii) Funds collected under this subparagraph shall be deposited
21into a special fund that shall only be used for purposes of this
22 section.

23(2) “Fair rental value” means the direct costs to the school
24district plus the amortized costs of the school facilities or grounds
25used for the duration of the activity authorized.

26(h) By December 31, 2013, the Superintendent shall develop,
27and the state board shall adopt, regulations to be used by a school
28district in determining the proportionate share and the specific
29allowable costs that a school district may include as direct costs
30for the use of its school facilities or grounds.

31(i) (1) A school district authorizing the use of school facilities
32or grounds under subdivision (a) is liable for an injury resulting
33from the negligence of the school district in the ownership and
34maintenance of the school facilities or grounds. An entity using
35school facilities or grounds under this section is liable for an injury
36resulting from the negligence of that entity during the use of the
37school facilities or grounds. The school district and the entity using
38the school facilities or grounds under this section shall each bear
39the cost of insuring against its respective risks, and shall each bear
40the costs of defending itself against claims arising from those risks.

P5 1(2) Notwithstanding any other law, this subdivision shall not
2be waived. This subdivision does not limit or affect the immunity
3or liability of a school district under Division 3.6 (commencing
4with Section 810) of Title 1 of the Government Code for injuries
5caused by a dangerous condition of public property.

6(j) This section shall remain in effect only until January 1, 2020,
7and as of that date is repealed, unless a later enacted statute, that
8is enacted before January 1, 2020, deletes or extends that date.

SEC. 2.

Section 38134 of the Education Code, as added by
10Section 3 of Chapter 764 of the Statutes of 2012, is amended to
11read:

38134.

(a) (1) The governing board of a school district shall
13authorize the use of school facilities or grounds under its control
14by a nonprofit organization, or by a club or an association
15organized to promote youth and school activities, including, but
16not necessarily limited to, any of the following:

17(A) The Girl Scouts; the Boy Scouts; Camp Fire USA; or the
18YMCA.

19(B) A parent-teacher association.

20(C) A school-community advisory council.

begin insert

21
(D) A recreational youth sports league that charges participants
22an average of no more than sixty dollars ($60) per month.

end insert

23(2) This subdivision does not apply to a group that uses school
24facilities or grounds for fundraising activities that are not beneficial
25to youth or public school activities of the school district, as
26determined by the governing board of the school district.

27(b) ~~begin delete(1)end deletebegin delete end delete~~Except as otherwise provided bybegin delete paragraph (2) or
28elsewhere inend delete law, a governing board of a school district may charge
29an amount not to exceed its direct costs for use of its school
30facilities or grounds pursuant to this section. A governing board
31of a school district that levies these charges shall first adopt a
32policy specifying which activities shall be charged an amount not
33to exceed direct costs.

begin delete
34(2) The governing board of a school district may only charge a
35nonprofit organization, club, or association primarily organized
36to promote youth and school activities, including, but not
37necessarily limited to, the organizations listed in paragraph (1) of
38subdivision (a), an amount not to exceed the school district’s actual
39costs for janitorial services and utilities, and public safety services
P6 1when deemed necessary, for the specific school facilities or grounds
2used pursuant to this section.
end delete

3(c) The governing board of a school district may charge an
4amount, not to exceed its direct costs for use of its school facilities
5or grounds by the entity using the school facilities or grounds,
6including a religious organization or church, that arranges for and
7supervises sports league activities for youths as described in
8paragraph (6) of subdivision (b) of Section 38131.

9(d) The governing board of a school district that authorizes the
10use of school facilities or grounds for the purpose specified in
11 paragraph (3) of subdivision (b) of Section 38131 shall charge the
12church or religious organization an amount at least equal to the
13school district’s direct costs.

14(e) In the case of an entertainment or a meeting where an
15admission fee is charged or contributions are solicited, and the net
16receipts are not expended for the welfare of the pupils of the school
17district or for charitable purposes, a charge equal to fair rental
18value shall be levied for the use of the school facilities or grounds.

19(f) If the use of school facilities or grounds under this section
20results in the destruction of school property, the entity using the
21school facilities or grounds may be charged for an amount
22necessary to repay the damages, and further use of facilities or
23grounds by that entity may be denied.

24(g) As used in this section:

25(1) “Direct costs” to the school district for the use of school
26facilities or grounds means the costs of supplies, utilities, janitorial
27services, services of school district employees, and salaries paid
28to school district employees directly associated with the
29administration of this section necessitated by the entity’s use of
30the school facilities or grounds.

31(2) “Fair rental value” means the direct costs to the school
32district plus the amortized costs of the school facilities or grounds
33used for the duration of the activity authorized.

34(h) (1) A school district authorizing the use of school facilities
35or grounds under subdivision (a) is liable for an injury resulting
36from the negligence of the school district in the ownership and
37maintenance of the school facilities or grounds. An entity using
38 school facilities or grounds under this section is liable for an injury
39resulting from the negligence of that entity during the use of the
40school facilities or grounds. The school district and the entity using
P7 1the school facilities or grounds under this section shall each bear
2the cost of insuring against its respective risks and shall each bear
3the costs of defending itself against claims arising from those risks.

4(2) Notwithstanding any other law, this subdivision shall not
5be waived. This subdivision does not limit or affect the immunity
6or liability of a school district under Division 3.6 (commencing
7with Section 810) of Title 1 of the Government Code for an injury
8caused by a dangerous condition of public property.

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