BILL ANALYSIS Ó
AB 1557
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ASSEMBLY THIRD READING
AB
1557 (Mathis)
As Amended May 11, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Education |7-0 |O'Donnell, Olsen, | |
| | |Kim, McCarty, | |
| | |Santiago, Thurmond, | |
| | |Weber | |
| | | | |
| | | | |
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SUMMARY: Adds "a recreational youth sports league that charges
participants no more than a nominal fee" to the list of
organizations subject to the Civic Center Act. Defines a
"nominal fee" as an average of no more than $60 per month.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: Background. The Civic Center Act requires the
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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.
In 2012, SB 1404 (Hancock), Chapter 764, authorized, until
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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 no more than a nominal fee,
defined as 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 intended to be covered by the
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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.
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.
Analysis Prepared by:
Sophia Kwong Kim / ED. / (916) 319-2087 FN:
0002926