BILL NUMBER: SB 423	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Wyland

                        FEBRUARY 16, 2011

    An act to amend Section 45060 of the Education Code,
relating to certificated school employees.   An act to
amend Section 15286 of the Education Code, relating to school
facilities. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 423, as amended, Wyland.  Certificated school
employees: salaries.   School facilities: local bond
measures.  
   The California Constitution limits the maximum amount of any ad
valorem tax on real property to 1% of the full cash value of the
property. The California Constitution states that the 1% limitation
for ad valorem taxes does not apply to ad valorem taxes or
assessments to pay the interest and redemption charges on bonded
indebtedness incurred by a school district, community college
district, or county office of education for the construction,
reconstruction, rehabilitation, or replacement of school facilities
approved by 55% of the voters if the proposition includes specified
accountability requirements. The accountability requirements include
a requirement that the governing board of either the school district
or community college district or the county office of education
conduct annual, independent performance and financial audits. 

   This bill would require these annual audits to be submitted by
March 31 of each year to the citizen's oversight committee for its
review.  
   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 15286 of the  
Education Code   is amended to read: 
   15286.  Consistent with the provisions contained in subparagraphs
(C) and (D) of paragraph (3) of subdivision (b) of Section 1 of
Article XIII A of the California Constitution, the required annual,
independent financial and performance audits shall be conducted in
accordance with the Government Auditing Standards issued by the
Comptroller General of the United States for financial and
performance audits  and sh   all be submitted to the
citizens' oversight committee established pursuant to Section 15278
by March 31 of each year  . 
  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 reduce
the order, with or without charge, by the amount the employee
requested in a revocable written authorization for the purpose of
paying the dues of the employee for membership in any local or
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. A charge shall not exceed the
actual cost to the district of the dues deduction. A revocation of a
written authorization shall be in writing and shall be effective
commencing with the next pay period.
   (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, 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.
   (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 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 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.
   (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.