Bill Text

Bill Information

PDF |Add To My Favorites | print page

AB-1906 Community college property: direct costs for use. (2013-2014)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
AB1906:v96#DOCUMENT

Assembly Bill No. 1906
CHAPTER 233

An act to amend, repeal, and add Section 82542 of the Education Code, relating to community college property.

[ Approved by Governor  August 21, 2014. Filed with Secretary of State  August 21, 2014. ]

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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 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.