Bill Text: CA AB1906 | 2013-2014 | Regular Session | Chaptered
Bill Title: Community college property: direct costs for use.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-08-21 - Chaptered by Secretary of State - Chapter 233, Statutes of 2014. [AB1906 Detail]
Download: California-2013-AB1906-Chaptered.html
BILL NUMBER: AB 1906 CHAPTERED
BILL TEXT
CHAPTER 233
FILED WITH SECRETARY OF STATE AUGUST 21, 2014
APPROVED BY GOVERNOR AUGUST 21, 2014
PASSED THE SENATE JULY 3, 2014
PASSED THE ASSEMBLY AUGUST 7, 2014
AMENDED IN SENATE JUNE 12, 2014
INTRODUCED BY Assembly Member Wilk
(Coauthor: Assembly Member Hagman)
FEBRUARY 19, 2014
An act to amend, repeal, and add Section 82542 of the Education
Code, relating to community college property.
LEGISLATIVE COUNSEL'S DIGEST
AB 1906, Wilk. Community college property: direct costs for use.
Existing law provides that there is a civic center at every
community college within the state, and authorizes the governing
board of a community college district to grant the use of college
facilities or grounds for specified purposes. Existing law limits the
amount a community college may charge an entity to use the college
facilities or grounds for those purposes to specified costs. Existing
law, for use of college facilities or grounds for other purposes,
authorizes the governing board of a community college disrict to
charge an amount not to exceed its direct costs or not to exceed fair
rental value, as those terms are defined, of college facilities and
grounds under its control.
This bill, until January 1, 2020, would expand the definition of
direct costs to include, among other things, the share of costs for
maintenance, repair, restoration, and refurbishment proportional to
the entity's use of the college facilities or grounds. The bill would
require the Chancellor of the California Community Colleges to
develop, and the Board of Governors of the California Community
Colleges to adopt, regulations to be used by a community college
district in determining the proportionate share and the specific
allowable costs to be included as direct costs for use of its college
facilities or grounds. The bill would make other related changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 82542 of the Education Code is amended to read:
82542. (a) Except as provided in subdivision (b), the governing
board of a community college district shall grant without charge the
use of any college facilities or grounds under its control, pursuant
to the requirements of this article, when an alternative location is
not available, to nonprofit organizations and clubs and associations
organized for general character building or welfare purposes, such
as:
(1) Student clubs and organizations.
(2) Fundraising entertainments or meetings where admission fees
charged or contributions solicited are expended for the welfare of
the students of the district.
(3) Parent-teachers' associations.
(4) School-community advisory councils.
(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.
(6) Senior citizens' organizations.
(7) Other public agencies.
(8) Organizations, clubs, or associations organized for cultural
activities and general character building or welfare purposes, such
as folk and square dancing.
(9) Groups organized for the purpose specified in subdivision (k).
(b) The governing board may charge those organizations and
activities listed in subdivision (a) an amount not to exceed the
following:
(1) The cost of opening and closing the facilities, if no college
employees would otherwise be available to perform that function as a
part of their normal duties.
(2) The cost of a college employee's presence during the
organization's use of the facilities, if the governing board
determines that the supervision is needed, and if that employee would
not otherwise be present as part of his or her normal duties.
(3) The cost of janitorial services, if the services are
necessary, and would not have otherwise been performed as part of the
janitor's normal duties.
(4) The cost of utilities directly attributable to the
organization's use of the facilities.
(c) The governing board may charge an amount not to exceed its
direct costs or not to exceed fair rental value of college facilities
and grounds under its control, and pursuant to the requirements of
this article, for activities other than those specified in
subdivision (a). A governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs and which activities
shall be charged an amount not to exceed fair rental value.
(d) (1) As used in this section, "direct costs" to the district
for the use of college facilities or grounds includes all of the
following:
(A) The share of the costs of supplies, utilities, janitorial
services, services of any other district employees, and salaries paid
to community college district employees to operate and maintain
college facilities or grounds that is proportional to the
organization's use of the college facilities and grounds of the
district under this section.
(B) The share of the costs for maintenance, repair, restoration,
and refurbishment, proportional to the use of the college facilities
or grounds by the organization using the college facilities or
grounds under this section. For purposes of this subparagraph,
"college facilities" shall be limited to only nonclassroom space, and
"grounds" shall include, but not be limited to, playing fields,
athletic fields, track and field venues, tennis courts, and outdoor
basketball courts.
(2) The share of the costs for maintenance, repair, restoration,
and refurbishment shall not apply to either of the following:
(A) Classroom-based programs that operate after school hours,
including, but not limited to, after school programs, tutoring
programs, or child care programs.
(B) Organizations retained by the college or community college
district to provide instruction or instructional activities to
students during school hours.
(3) Funds collected pursuant to this subdivision shall be
deposited into a special fund that shall only be used for purposes of
this section.
(e) By December 31, 2015, the Chancellor of the California
Community Colleges shall develop, and the Board of Governors of the
California Community Colleges shall adopt, regulations to be used by
a governing board of a community college in determining the
proportionate share and the specific allowable costs that a community
college district may include as direct costs for the use of its
college facilities or grounds.
(f) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the college
facilities or grounds used for the duration of the activity
authorized.
(g) The governing board of a community college district that
authorizes the use of college facilities or grounds for the purpose
specified in subdivision (h) shall charge the church or religious
denomination an amount at least equal to the fair rental value of the
facilities or grounds.
(h) The governing board of a community college district may grant
the use of college facilities or grounds to any church or religious
organization for the conduct of religious services for temporary
periods where the church or organization has no suitable meeting
place for the conduct of these services upon the terms and conditions
as the board deems proper, and subject to the limitations,
requirements, and restrictions set forth in this article. The
governing board shall charge the church or religious organization
using the property for the conduct of religious services a fee as
specified in subdivision (g).
(i) For entertainment or a meeting where an admission fee is
charged or a contribution is solicited and the net receipts of the
admission fees or contributions are not expended for the welfare of
the students of the district or for charitable purposes, a charge
equal to fair rental value shall be levied for the use of the college
facilities, property, and grounds, as determined by the governing
board of the district.
(j) The governing board may permit the use, without charge, by
organizations, clubs, or associations organized for senior citizens
and for cultural activities and general character building or welfare
purposes, when membership dues or contributions solely for the
support of the organization, club, or association, or the advancement
of its cultural, character building or welfare work, are accepted.
(k) The governing board of a community college district may grant
the use of college facilities, grounds, and equipment to public
agencies, including the American Red Cross, for mass care and welfare
shelters during disasters or other emergencies affecting the public
health and welfare, and may cooperate with these agencies in
furnishing and maintaining services deemed by the governing board to
be necessary to meet the needs of the community.
(l) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 2. Section 82542 is added to the Education Code, to read:
82542. (a) Except as provided in subdivision (b), the governing
board of a community college district shall grant without charge the
use of any college facilities or grounds under its control, pursuant
to the requirements of this article, when an alternative location is
not available, to nonprofit organizations and clubs and associations
organized for general character building or welfare purposes, such
as:
(1) Student clubs and organizations.
(2) Fundraising entertainments or meetings where admission fees
charged or contributions solicited are expended for the welfare of
the students of the district.
(3) Parent-teachers' associations.
(4) School-community advisory councils.
(5) Camp Fire Girls, Girl Scout troops, and Boy Scout troops.
(6) Senior citizens' organizations.
(7) Other public agencies.
(8) Organizations, clubs, or associations organized for cultural
activities and general character building or welfare purposes, such
as folk and square dancing.
(9) Groups organized for the purpose specified in subdivision (g).
(b) The governing board may charge those organizations and
activities listed in subdivision (a) an amount not to exceed the
following:
(1) The cost of opening and closing the facilities, if no college
employees would otherwise be available to perform that function as a
part of their normal duties.
(2) The cost of a college employee's presence during the
organization's use of the facilities, if the governing board
determines that the supervision is needed, and if that employee would
not otherwise be present as part of his or her normal duties.
(3) The cost of janitorial services, if the services are
necessary, and would not have otherwise been performed as part of the
janitor's normal duties.
(4) The cost of utilities directly attributable to the
organization's use of the facilities.
(c) The governing board may charge an amount not to exceed its
direct costs or not to exceed fair rental value of college facilities
and grounds under its control, and pursuant to the requirements of
this article, for activities other than those specified in
subdivision (a). A governing board that decides to levy these charges
shall first adopt a policy specifying which activities shall be
charged an amount not to exceed direct costs and which activities
shall be charged an amount not to exceed fair rental value.
(1) As used in this section, "direct costs" to the district for
the use of college facilities or grounds means those costs of
supplies, utilities, janitorial services, services of any other
district employees, and salaries paid community college district
employees necessitated by the organization's use of the college
facilities and grounds of the district.
(2) As used in this section, "fair rental value" means the direct
costs to the district, plus the amortized costs of the college
facilities or grounds used for the duration of the activity
authorized.
(d) The governing board of a community college district that
authorizes the use of college facilities or grounds for the purpose
specified in subdivision (e) shall charge the church or religious
denomination an amount at least equal to the fair rental value of the
facilities or grounds.
(e) The governing board of a community college district may grant
the use of college facilities or grounds to any church or religious
organization for the conduct of religious services for temporary
periods where the church or organization has no suitable meeting
place for the conduct of these services upon the terms and conditions
as the board deems proper, and subject to the limitations,
requirements, and restrictions set forth in this article. The
governing board shall charge the church or religious organization
using the property for the conduct of religious services a fee as
specified in subdivision (d).
(f) For entertainment or a meeting where an admission fee is
charged or a contribution is solicited and the net receipts of the
admission fees or contributions are not expended for the welfare of
the students of the district or for charitable purposes, a charge
shall be made for the use of the college facilities, property, and
grounds, which charge shall not be less than the fair rental value
for the use of the college facilities, property, and grounds, as
determined by the governing board of the district.
(g) The governing board may permit the use, without charge, by
organizations, clubs, or associations organized for senior citizens
and for cultural activities and general character building or welfare
purposes, when membership dues or contributions solely for the
support of the organization, club, or association, or the advancement
of its cultural, character building or welfare work, are accepted.
(h) The governing board of a community college district may grant
the use of college facilities, grounds, and equipment to public
agencies, including the American Red Cross, for mass care and welfare
shelters during disasters or other emergencies affecting the public
health and welfare, and may cooperate with these agencies in
furnishing and maintaining services deemed by the governing board to
be necessary to meet the needs of the community.
(i) This section is operative on and after January 1, 2020.
