BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1557|
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                                   THIRD READING 


          Bill No:  AB 1557
          Author:   Mathis (R), et al.
          Amended:  5/11/16 in Assembly
          Vote:     21 

           SENATE EDUCATION COMMITTEE:  9-0, 6/15/16
           AYES:  Liu, Block, Hancock, Huff, Leyva, Mendoza, Monning, Pan,  
            Vidak

           ASSEMBLY FLOOR:  76-0, 5/23/16 - See last page for vote

           SUBJECT:   School facilities:  use by nonprofit youth  
                     organizations:  recreational youth sports leagues


          SOURCE:    Author

          DIGEST:  This bill expands the list of organizations subject to  
          the Civic Center Act to include recreational sports leagues that  
          charge participants an average of no more than a nominal fee per  
          month.

          ANALYSIS:  
          
          Existing law:

          1)Establishes the Civic Center Act which declares that at every  
            public school facility and grounds there is a civic center  
            where the governing board of the school district may grant  
            various organizations, clubs, and associations, some of which  
            are specified, the opportunity to engage in supervised  
            recreation and meet and discuss subjects pertaining to the  
            interests of the citizens of the communities in which they  








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            reside.

          2)Authorizes the school district governing board to set terms  
            and conditions for this use of public school facilities and  
            grounds that it deems proper for various purposes.

          3)Requires the school district governing board 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 Girl scouts,  
            Boy scouts, parent-teacher activities, and 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.

          4)Provides that a school district governing board is authorized  
            to charge an amount not to exceed its direct costs for use of  
            its facilities 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.  Defines direct cost as  
            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 district's facilities and grounds.  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.  

          5)Authorizes until January 1, 2020, the school district  
            governing board 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.   
            (Education Code § 38131-38134)

          6)Authorizes the governing board of a school district to require  
            persons other than students, or organizations that wish to use  
            recreational facilities that are on school grounds or are  
            provided by a district at a community recreation center and  
            maintained solely by the district, to pay fees, as prescribed  







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            by the board. (EC § 10912)

          This bill:

          1)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.

          2)Defines a "nominal fee" as an average of no more than $60 per  
            month.  

          Comments

          Need for the bill.  According to the author's office, "there are  
          many organizations which use school facilities for their regular  
          events, such as the Girl Scouts, Boy Scouts, recreational  
          sports, and the YMCA.  These organizations rely upon school  
          facilities to offer low-use fees in order to allocate the most  
          funds towards promoting their programs.  However, school  
          district governing boards have begun increasing the fees  
          associated with facility use to increase revenue.  As such, many  
          recreational sporting programs have been closing their doors due  
          to the burdensome costs of renting school facilities-some have  
          charged up to $3,000 per use of their field."  This bill is  
          intended to prevent the governing board of a school district  
          from charging a recreational sporting organization or program  
          for use of a school's facilities at a rate that is greater than  
          the fair rental value of the facility.   

          Recreational sports and after school programs.  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.  However, the law 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.  

          This bill provides 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.  The fee is used to  
          differentiate between sports leagues that are local and  
          community-based and those that are more competitive.  According  







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          to the author's office, the programs intended to be covered by  
          this bill are those that are run by volunteers, are local, do  
          not pay coaches, and that 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  
          higher amounts for participation, pay coaches, and travel  
          outside a region for competitions.  

          Original intent of the Civic Center Act.  The Civic Center Act  
          was originally enacted to ensure public access to publicly  
          funded facilities for purposes that benefit the community.   
          While current law provides the ability for school districts to  
          recoup the costs related to the use of the buildings and  
          grounds, it did not envision "user fees" for non-profit  
          organizations, sports leagues, and community organizations that  
          utilize the school facilities and grounds to promote youth and  
          school activities.  By requiring school districts to charge an  
          amount not to exceed its direct costs rather than fair rental  
          value for recreational youth sports leagues, it appears that  
          this bill is consistent with the original intent of the Civic  
          Center Act.  
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/17/16)


          American Youth Soccer Organization 
          California Alternative Payment Program Association 
          California College and University Police Chiefs Association 
          California State Alliance of YMCAs
          California State PTA


          OPPOSITION:   (Verified6/17/16)


          Small School Districts' Association

          ASSEMBLY FLOOR:  76-0, 5/23/16
          AYES:  Achadjian, Alejo, Travis Allen, Atkins, Baker, Bigelow,  







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            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Arambula, Eggman, Hadley, Patterson

          Prepared by:Lenin DelCastillo / ED. / (916) 651-4105
          6/17/16 15:03:52


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