Bill Text: CA AB1906 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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-Introduced.html

---

BILL NUMBER: AB 1906	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk

                        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, as introduced, 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 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, 2022, 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  any   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   , such  as folk and square
 dancing).   dancing. 
   (9) Groups organized for the purpose specified in subdivision
 (g)   (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).  Each   A  governing board
 which   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) 
    (d)     (1)  As used in this section,
"direct costs" to the district for the use of college facilities or
grounds  means those costs   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  necessitated by  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.  
   (2) 
    (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. 
   (d) 
    (g)  The governing board of  any  
a community  college district  which   that
 authorizes the use of college facilities or grounds for the
purpose specified in subdivision  (e)   (h)
 shall charge the church or religious denomination an amount at
least equal to the fair rental value of the facilities or grounds.

   (e) 
    (h)  The governing board of  any  
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).   (g).  
   (f) In the case of entertainments
    (i)     For entertainment  or 
meetings   a meeting  where  an 
admission  fees are   fee is  charged or
 contributions are   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  made   levied  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.

   The 
    (j)     The  governing board 
may, however,  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. 
   (g) 
    (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,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, 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, 2022.