BILL ANALYSIS �
AB 1906
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CONCURRENCE IN SENATE AMENDMENTS
AB 1906 (Wilk)
As Amended June 12, 2014
Majority vote
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|ASSEMBLY: |75-0 |(April 24, |SENATE: |35-0 |(July 3, 2014) |
| | |2014) | | | |
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Original Committee Reference: HIGHER ED.
SUMMARY : Expands the definition of "direct costs," for purposes
of determining the amount a governing board of a California
Community College (CCC) may charge for the use of its facilities
or grounds under the Civic Center Act, until January 1, 2020.
The Senate amendments :
1)Change the year of the sunset.
2)Make clarifying and grammatical changes.
EXISTING LAW :
1)Establishes the Civic Center Act at each community college
facility and grounds within the state where the citizens,
school-community advisory councils, senior citizens'
organizations clubs, and associations, may engage in
supervised recreational activities and hold meetings.
Authorizes the governing boards of the community college
districts (CCDs) to grant the use of the community college
facility or grounds upon the terms and conditions the
governing board deems appropriate for various purposes
(Education Code (EC) Section 82537).
2)Requires the governing board of a CCD to authorize the use of
any college facilities or grounds under its control, when an
alternative location is not available, to nonprofit
organizations and clubs and associations organized for general
character building or welfare purposes including, but not
limited to: a) Camp Fire Girls, Girl Scout troops, and Boy
Scout Troops; b) student clubs and organizations; and, c)
parent-teachers' associations. Authorizes the governing board
to charge an amount not to exceed its direct costs for use of
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its community college facility or grounds based on an adopted
policy specifying which activities will be assessed a fee.
Requires the governing board to charge an amount at least
equal to the district's direct costs for use of the community
college facility or grounds by a church or religious
organization and fair rental value entertainments or meetings
where admission fees are charged or contributions are
solicited and the net receipts are not expended for the
welfare of the students of the districts or for charitable
purposes. Defines "direct costs" as those costs of supplies,
utilities, janitorial services, services of any other district
employees, and salaries paid CCD employees necessitated by the
organization's use of the school facilities and grounds of the
district (EC Section 82542).
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : Background. As described in the "existing law"
section of this analysis, the Civic Center Act requires CCDs to
authorize the use of any college facilities or grounds to
school-related and community organizations for various purposes
and authorizes a CCD to charge a fee for the use of a community
college facility or grounds. Governing boards of a CCD are
required to adopt policies specifying the type of activities
that require a fee. Additionally, Existing law defines "direct
costs" as the costs of supplies, utilities, janitorial services,
and salaries of CCD employees required to facilitate an
organization's use of the facilities or grounds.
This bill, until January 1, 2020, authorizes a CCD 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.
This bill exempts classroom-based after school programs,
including, but not limited to, tutoring programs or child care
programs, and organizations serving student populations during
the core school day from the maintenance fee.
Need for the bill. According to the author's office, since the
Civic Center Act allows community members to rent community
college facilities and grounds at "direct costs" only, the cost
does not include any share of wear of the community college
facility or grounds. The author contends that this leaves the
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CCD with the entire cost of the upkeep of the facilities. The
author states, "CCCs have limited options when paying for
repairs. Essentially, it must either come from a bond or their
general fund. When bond money is not available, general fund
money that could be going towards student success must be
redirected to maintain facilities. Thus much upkeep is passed
over leaving students and community groups with low-grade
facilities."
According to College of the Canyons, supporters of this measure,
the facilities that are used the majority of the time by direct
cost users are those that would be too costly to rent by
non-direct cost users and require the highest level of
maintenance. Examples of the community college facilities and
grounds that are most frequently rented by direct cost users
include, but are not limited to: 1) performing arts centers; 2)
outdoor stadiums, including tracks; 3) gymnasiums and locker
rooms; and, 4) cafeterias. CCDs are unable to charge for any of
the wear and tear to their most expensive facilities, leaving
the costs of repairs and renovations resting solely to their
limited budgets.
A CCD life-cycle projection is based on their projected
operational use; budgeting is therefore calculated on that
basis. The more a facility is used, the faster its life-cycle
is reached; leaving the CCD to make repairs and renovations
sooner than anticipated. This bill will allow, until January 1,
2022, a CCD to charge an entity for the expedited life-cycle
costs for facilities that endure a usage factor beyond that of
the normal CCD operations.
Parity with school districts. As of January 1, 2013, school
districts, by way of SB 1404 (Hancock), Chapter 764, Statutes of
2012, are able to charge an entity for using school facilities
or grounds, an amount for maintenance, repair, restoration, and
refurbishment, proportional to the use of the entity's use of
the school facilities or grounds. This measure will create
parity between the school districts and the CCDs.
There is no opposition on file.
Analysis Prepared by : Jeanice Warden / HIGHER ED. / (916)
319-3960 FN:
0004255
AB 1906
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