BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1404|
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THIRD READING
Bill No: SB 1404
Author: Hancock (D)
Amended: 4/26/12
Vote: 21
SENATE EDUCATION COMMITTEE : 7-1, 4/18/12
AYES: Lowenthal, Alquist, Hancock, Huff, Liu, Price,
Simitian
NOES: Vargas
NO VOTE RECORDED: Runner, Blakeslee, Vacancy
SUBJECT : Civic Center Act
SOURCE : Los Angeles Unified School District
Piedmont Unified School District
DIGEST : This bill expands the authority of a school
district governing board to charge fees for the use of its
school facilities and grounds under the Civic Center Act.
This bill sunsets on January 1, 2020.
ANALYSIS : Existing law, known as the "civic center act"
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 reside.
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The school district governing board is authorized to set
terms and conditions for this use of public school
facilities and grounds, and some conditions are specified
in statute. In addition, the governing board is authorized
to charge an amount not to exceed its direct costs for use
of its facilities by any entity. Existing law defines
direct cost as costs of supplies, utilities, janitorial
services, services of any other district employees, and
salaries paid school district employees necessitate by the
organization's use of the school district's
facilities/grounds.
In the case of entertainments or meetings where admission
is charged or contributions are solicited, and the
receipts are not expended for the welfare of the district's
students, districts are required to charge a fee equal to
fair rental value. Existing law defines "fair rental
value" as the direct costs to the districts plus the
amortized costs of the facilities or grounds used for the
duration of the authorized activity.
Existing law 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 by the board.
This bill expands the definition of "direct costs" which a
school district is authorized to charge for the use of its
facilities and grounds under the Civic Center Act to
include:
1. The share of the costs, as specified, to operate and
maintain school facilities or grounds proportional to
the use of the facilities or grounds by the entity using
them.
2. The share of the costs of repair, restoration, and
refurbishment proportional to the use of school
facilities or grounds proportional to the use by the
entity.
This bill requires the State Board of Education to develop
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guidelines to be used by a school district, as specified.
This bill sunsets on January 1, 2020.
Comments
Existing law authorizes a school district to charge fees
for use of their grounds or facilities that cover direct
costs, i.e. the incremental costs to the district caused by
the community organization's use. However, existing law
does not allow the inclusion of any of the district's cost
to maintain the facilities in condition for use by the
public or students or to replace equipment such as
artificial turf, track surfaces, or gym floors, which are
worn out over time.
Districts' strained general fund . Maintenance costs for
facilities and grounds are generally covered under a
district's general fund budget. State budget cuts have
resulted in many districts being unable to set aside funds
to maintain or repair facilities and grounds. In addition,
in order to provide districts with the flexibility to meet
their local needs, the Legislature and Governor, through
the Budget Act, have authorized the flexibility to use some
categorical funds for any purpose until 2014-15. These
include deferred maintenance funds, generally used for
major repair or replacement of plumbing, heating, air
conditioning, electrical, roofing, and floor systems,
painting, and other items. The challenge of maintaining
facilities and grounds are further exacerbated by the use
of facilities and grounds by non-profit organizations,
sports leagues, and community organizations. Given the
realities of the state's fiscal condition and the impact
this has had on school districts, it appears that without
some additional source of funding, districts may be unable
to ensure the ongoing maintenance of school facilities and
grounds for their intended purposes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/26/12)
Association of California School Administrators
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Los Angeles Unified School District
Piedmont Unified School District
Riverside County School Superintendents' Association
San Diego Unified School District
San Francisco Unified School District
ARGUMENTS IN SUPPORT : Supporters argue that over the
past several years, school districts throughout the state
have experienced very deep budget cuts. Those cuts have
not only impacted teachers, aides, administrators, but also
the facilities and play fields we all use. When the Civic
Center Act was created, its goal was to provide the public
with access to school facilities and play fields. Since
the creation of the Civic Center Act, the costs to maintain
these facilities and play fields have been covered under a
school district's general fund budget. However, due to the
ongoing budget cuts, many school districts are no longer
able to maintain these facilities. This puts in jeopardy
the access to clean and safe school facilities and play
fields for both the community and the students.
Currently, the Civic Center Act authorizes a school
district to recoup "direct costs" such as the cost of
supplies, utilities, janitorial services, and any
administrative costs. This bill expands the definition of
direct costs and authorize school districts to charge for
the proportional share of the cost of maintaining,
repairing or replacing those facilities.
With the deep cuts school districts are facing, school
districts need the ability to ask those community
organizations who use school facilities and play fields to
pay their fair share of the actual costs to make these
facilities available.
PQ:mw 4/26/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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