BILL NUMBER: SB 423	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wyland

                        FEBRUARY 16, 2011

   An act to amend Section 45060 of the Education Code, relating to
certificated school employees.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 423, as introduced, Wyland. Certificated school employees:
salaries.
   Existing law requires the governing board of a school district to
reduce a certificated school employee's salary, pursuant to the
employee's authorization, to pay the employee's dues in a local or
statewide professional organization.
   This bill would make technical, nonsubstantive changes to this
provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 45060 of the Education Code is amended to read:

   45060.   (a)    Except as provided in Section
45061, the governing board of each school district, when drawing an
order for the salary payment due to a certificated employee of the
district, shall  with or without charge  reduce the
order , with or without charge,  by the amount 
which it has been   the employee  requested in a
revocable written authorization  by the employee to deduct
 for the purpose of paying the dues of the employee for
membership in any local  or statewide  professional
organization  or in any statewide professional organization,
 or in any other professional organization affiliated or
otherwise connected with a statewide professional organization which
authorizes the statewide organization to receive membership dues on
its behalf and for the purpose of paying his or her pro rata share of
the costs incurred by the district in making the deduction. 
No   A  charge shall  not  exceed the
actual cost to the district of the dues deduction.  Any
  A  revocation of a written authorization shall be
in writing and shall be effective commencing with the next pay
period. 
   Unless 
    (b)     Unless  otherwise provided in
an agreement negotiated pursuant to Chapter 10.7 (commencing with
Section 3540) of Division 4 of Title 1 of the Government Code, the
governing board  shall  , no later than the 10th day
of each pay period for certificated employees,  shall  draw
its order upon the funds of the district in favor of the
organization designated by the employee for an amount equal to the
total of the dues deductions made with respect to that organization
for the previous pay period and shall transmit the total amount to
that organization no later than the 15th day of each pay period for
certificated employees. When timely transmittal of dues payments by a
county is necessary for a school district to comply with the
provisions of this section, the county shall act in a timely manner.
If the employees of a district do not authorize the board to make a
deduction to pay their pro rata share of the costs of making
deductions for the payment of dues, the board shall deduct from the
amount transmitted to the organization on whose account the dues
payments were deducted the actual costs of making the deduction.

   The 
    (c)     The  revocable written
authorization shall remain in effect until expressly revoked in
writing by the employee. Whenever there is a change in the amount
required for the payment to the organization, the employee
organization shall provide the employee with adequate and necessary
data on the change at a time sufficiently  prior to 
 before  the effective date of the change to allow the
employee an opportunity to revoke the written authorization, if
desired. The employee organization shall provide the public school
employer with notification of the change at a time sufficiently
 prior to   before  the effective date of
the change to allow the employer an opportunity to make the necessary
adjustments and with a copy of the notification of the change which
has been sent to all concerned employees. 
   The 
    (d)     The    governing
board shall not require the completion of a new deduction
authorization when a dues change has been effected or at any other
time without the express approval of the concerned employee
organization.