BILL ANALYSIS                                                                                                                                                                                                    Ó



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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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