BILL ANALYSIS Ó
AB 1557
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON EDUCATION
Patrick O'Donnell, Chair
AB 1557
(Mathis) - As Amended April 26, 2016
SUBJECT: School facilities: use by nonprofit youth
organizations
SUMMARY: Adds "a recreational youth sports league that charges
participants an average of no more than $60 per month" to the
list of organizations subject to the Civic Center Act.
EXISTING LAW:
1)Establishes the Civic Center Act at each public school
facility and grounds where school-based organizations and
councils, parent teacher associations, external and community
organizations may engage in supervised recreational activities
and hold meetings. Authorizes the governing board of a school
district to grant the use of school facilities or grounds upon
the terms and conditions the governing board deems proper for
various purposes. (Education Code (EC) Section 38131)
2)Requires the governing board of a school district to authorize
the use of any school facilities or grounds under its control
to nonprofit organizations, and clubs or associations
organized to promote youth and school activities, including,
but limited to: 1) Girl Scouts, Boy Scouts, Camp Fire, Inc.;
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2) parent-teachers' associations; and 3) school-community
advisory council. Authorizes the governing board to charge an
amount not to exceed its direct costs for use of its school
facilities based on an adopted policy specifying which
activities shall be charged a fee. (EC Section 38134(a))
3)Requires the governing board to charge an amount at least
equal to the district's direct costs for use of school
facilities or grounds by a church or religious denomination
and fair rental value for entertainments or meetings where
admission fees are charged or contributions are solicited and
the net receipts are not expended for the welfare of the
pupils of the district or for charitable purposes. (EC
Section 38134(d)(e))
4)Defines "fair rental value" as direct costs to the school
district plus the amortized costs of the school facilities or
grounds used for the duration of the activity authorized. (EC
Section 38134(g))
5)Defines "direct costs" as those 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 school facilities and grounds of
the district. (EC Section 38134)
6)Until January 1, 2020, authorizes the governing board of a
school district to charge the share of the costs for
maintenance, repair, restoration, and refurbishment,
proportional to the use of nonclassroom space and grounds,
defined as playing fields, athletic fields, track and field
venues, tennis courts, and outdoor basketball courts. (EC
Section 38134(g))
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
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COMMENTS: Background. The Civic Center Act requires the
governing board of a school district to authorize the use of any
school facilities or grounds under its control to nonprofit
organizations, and clubs or associations organized to promote
youth and school activities, including, but limited to, the Girl
Scouts, Boy Scouts, Camp Fire, Inc., parent-teachers'
associations; and a school-community advisory council.
Existing law also authorizes a school district to charge a fee
for the use of facilities or ground. Governing boards are
required to adopt a policy specifying the type of activities
that require a fee; however, existing law also specify
parameters, including:
1)A governing board may charge an organization using the
facilities or grounds for youth sports league activities an
amount not to exceed the district's direct costs;
2)A governing board must charge a religious organization or
church an amount at least equal to the district's direct costs
for use of facilities or grounds for religious service; and,
3)A governing board must charge fair rental value in the case of
entertainments or meetings where admission fees are charged or
contributions are solicited and the net receipts are not
expended for the welfare of the pupils or for charitable
purposes.
"Direct costs" is defined as the share of the costs of supplies,
utilities, janitorial services, and salaries of district
employees required to facilitate an organization's use of the
facilities or grounds. "Fair rental value" is defined as the
school district's direct costs plus the amortized costs of
school facilities or grounds.
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In 2012, SB 1404 (Hancock), Chapter 764, Statutes of 2012,
authorized, until January 1, 2020, school districts to charge a
proportional amount for the maintenance, repair, restoration and
refurbishment for the use of non-classroom space and school
grounds, defined as playing fields, athletic fields, track and
field venues, tennis courts, and outdoor basketball courts, in
addition to the school district's direct costs. SB 1404
exempted classroom-based programs that operate after school,
including, but not limited to, after school programs, tutoring
programs or child care programs, and organizations serving pupil
populations during the core school day from the maintenance fee.
Purpose of the bill. According to the author, "Non-profit after
school programs have been closing their doors due to the over
burdensome costs of renting school facilities - some schools
charging up to $3,000 per use of their field." Under current
law, classroom-based programs that operate after school,
including after school programs, are exempted from the
additional maintenance fee for the use of athletic fields,
playing fields, etc. Current law, however, allows school
districts to charge fair rental value for gatherings where a fee
is charged and the proceeds are not used for the welfare of the
pupils of the school district or for charitable purposes. It is
unclear whether the programs cited by the author were charged
direct costs or fair rental value.
This bill will make it clear that a recreational youth sports
league that charges participants an average of no more than $60
per month are to be assessed direct costs rather than fair
rental value. This does not mean that the fee is a monthly
charge - only that the fee is equivalent to an average of no
more than $60 per month. For example, a recreational youth
league that charges a flat fee of $240 and lasts four months
will meet the definition of nominal fee, but a fee of $240 for
three months will not. The fee is used to differentiate between
sports league that are local and community-based and those that
are competitive. According to the author's office, the programs
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intended to be covered by the bill are programs that are run by
volunteers, are local, do not pay coaches, and may be affiliated
with local high schools. They charge only a nominal fee to pay
for necessities, such as uniforms, equipment, facilities, snack
bars, and trophies, compared with competitive sports teams that
may charge thousands for participation, pay coaches, and travel
outside a region for competitions. Staff recommends an
amendment to define "an average of no more than $60 per month"
as a "nominal fee." Replace the language in the bill with the
following:
"A recreational youth sports league that charges participants a
nominal fee. "Nominal fee" means an average of no more than
sixty dollars ($60) per month."
Prior related legislation. SB 1404 (Hancock), Chapter 764,
Statutes of 2012, authorizes, until January 1, 2020, school
districts to charge a proportional amount for the maintenance,
repair, restoration and refurbishment for the use of
non-classroom space and school grounds, defined as playing
fields, athletic fields, track and field venues, tennis courts,
and outdoor basketball courts, in addition to the school
district's direct costs.
REGISTERED SUPPORT / OPPOSITION:
Support
American Youth Soccer Organization (prior version)
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California Alternative Payment Program Association (prior
version)
California College and University Police Chiefs Association
(prior version)
California State Alliance of YMCAs (prior version)
California State PTA (prior version)
Opposition
Association of California School Administrators (prior version)
Los Angeles Unified School District (prior version)
Small School Districts' Association
Analysis Prepared by:Sophia Kwong Kim / ED. / (916) 319-2087
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