BILL ANALYSIS �
SENATE COMMITTEE ON EDUCATION
Carol Liu, Chair
2013-2014 Regular Session
BILL NO: AB 1906
AUTHOR: Wilk
INTRODUCED: February 19, 2014
FISCAL COMM: Yes HEARING DATE: June 4, 2014
URGENCY: No CONSULTANT:Kathleen Chavira
SUBJECT : Community College Property.
SUMMARY
This bill, until January 1, 2022, expands the definition of
"direct costs," for purposes of determining the amount a
community college governing board may charge for the use of
its facilities or grounds, under the Civic Center Act.
BACKGROUND
Current law, known as the "Civic Center Act" declares that at
every community college there is a civic center where the
governing board of the community college district may grant
various organizations, clubs, and associations, some of which
are specified, the opportunity to engage in supervised
recreational activities and meet and discuss subjects
pertaining to the interests of the citizens of the
communities in which they reside.
The community college district governing board is authorized
to set terms and conditions for this use of college
facilities or grounds, and some conditions are specified in
statute. In addition, the governing board is authorized to
charge specified organizations and activities an amount not
to exceed the costs of opening and closing facilities,
providing for a college employee's presence during the
facilities use, janitorial services, and utilities, as
specified.
For more general uses, the governing board is authorized to
charge an amount not to exceed its "direct costs" or not to
exceed "fair rental value" of college facilities and grounds
under its control.
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Current law defines "direct costs" 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
community college district's facilities/grounds. Current law
defines "fair rental value" as the direct costs to the
colleges plus the amortized costs of the facilities or
grounds used for the duration of the authorized activity.
The governing board is required to charge fair rental value
in the following specified cases:
When the district authorizes the use of college
facilities or grounds by any church or religious
organization for the conduct of religious services, as
specified.
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
college's students. (Education Code � 82537- 82548)
ANALYSIS
This bill :
1) Expands the definition of "direct costs," until January
1, 2022, which a community college district is
authorized to charge for the use of its facilities and
grounds under the Civic Center Act to include:
a) 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.
b) The share of the costs for
maintenance, repair, restoration and refurbishment,
proportional to the use of the facilities (defined
as nonclassroom space) or grounds (defined as
including but not limited to playing fields,
athletic fields, track and field venues, tennis
courts, and outdoor basketball courts) by the
entity using them.
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2) Prohibits the application of share of costs to
classroom-based programs that operate after school hours
including but not limited to after school programs,
tutoring programs, or child care programs, or to
organizations retained by the college or district to
provide instruction or instructional activities to
students during school hours.
3) Requires creation of a special fund for deposit of funds
collected pursuant to the bill's provisions and
prohibits the use of these funds for purposes other than
those prescribed under the Civic Center Act.
4) Requires the California Community College (CCC)
Chancellor's Office to develop, and the Board of
Governors (BOG) to adopt, regulations to be used by
local governing boards to determine the proportionate
share and the specific allowable costs that may be
included as direct costs for the bill's purposes.
5) Sunsets these provisions on January 1, 2022.
STAFF COMMENTS
1) Intent of the bill . As of January 1, 2013, and until
January 1, 2020, school districts are authorized to
charge an entity that uses school facilities or grounds,
an amount for maintenance, repair, restoration, and
refurbishment, proportional to the entity's use of the
school facilities or grounds, pursuant to provisions
established by SB 1404 (Hancock, Chapter 764, Statutes
of 2012). According to the author, it is the intent of
this bill to mirror these provisions for California
Community Colleges to ensure parity between the school
and community college districts.
2) Does the argument still hold ? The Civic Center Act
(Act) was enacted ostensibly to ensure public access to
publicly funded facilities for purposes that benefit the
community. While current law provides for the recoup of
costs related to the use of the buildings/grounds, the
transfer of maintenance and repair costs to non-profit
and community organizations for their use of these
publicly funded facilities was not envisioned by the
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Act. SB 1404 (Hancock) was enacted in 2012 in
recognition of the state's fiscal condition, and its
potential effect on the ability of school districts to
meet the original intent of the Act. The sunset on the
provisions of SB 1404 were intended to ensure that the
public could continue its use of these publicly funded
facilities but, as the state's fiscal condition
improved, that the original intent of the Act would
ultimately be honored.
This bill grants California Community College (CCC)
districts the authority to transfer specified costs to
non-profit and community organizations until January 1,
2022. Although the sunset date appears to be patterned
after the seven years established for K-12 districts,
the original intent of the sunset on SB 1404 was to
allow flexibility until economic conditions improved.
For 2014-15, the Governor and Legislature have proposed,
and it appears that the CCC will receive, anywhere
between $148 million and $199.3 million for deferred
maintenance. Does the same need to authorize expanded
authority to transfer costs for facilities/grounds use
still exist?
If it is the desire of the committee to expand the
definition of "direct costs" which a community college
may charge for some period of time, rather than stagger
the end dates of the expanded authority, and in light of
the state's improving fiscal condition, staff recommends
the bill be amended to sunset the CCC provisions on
January 1, 2020, consistent with the sunset on the K-12
school district authority.
SUPPORT
Chief Executive Officers of the California Community Colleges
College of the Canyons
Kern Community College District
Los Angeles Community College District
Napa Valley College
South Orange County Community College District
Taft College
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OPPOSITION
None received.