California Senate Bill SB423 Amended / Bill

 BILL NUMBER: SB 423AMENDED 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.