MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Education

By: Representative Brown

House Bill 625

AN ACT TO AMEND SECTION 37-9-49, MISSISSIPPI CODE OF 1972, TO AUTHORIZE LOCAL SCHOOL BOARDS TO PERMIT THE LOCAL SUPERINTENDENT OF EDUCATION TO DEDUCT FROM THE SALARY OF CERTAIN EMPLOYEES OF THE SCHOOL DISTRICT CERTAIN DUES FOR MEMBERSHIP IN PROFESSIONAL ORGANIZATIONS; TO PROVIDE THAT THE DUES DEDUCTION BE MADE ONLY UPON RECEIPT OF WRITTEN AUTHORIZATION FROM THE EMPLOYEE REQUESTING THE DEDUCTION; TO REQUIRE LOCAL SCHOOL BOARDS AUTHORIZING SUCH DEDUCTION TO ADOPT POLICIES AND PROCEDURES IMPLEMENTING THE DUES DEDUCTIONS PROCESS BEFORE ANY DUES ARE DEDUCTED; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 37-9-49, Mississippi Code of 1972, is amended as follows:

     37-9-49.  * * * The local school board may authorize the local superintendent of education to deduct or permit to be deducted from the salary of any superintendent, principal, teacher or other employee of the school district dues * * * payable or alleged to be payable because of the membership of that superintendent, principal, teacher or other employee in a professional organization or association.  However, the dues deduction may be made only upon receipt by a school district of written authorization from the superintendent, principal, teacher or other employee requesting the deduction.  Before any dues are authorized to be deducted, the local school board of a school district must adopt policies and procedures implementing this voluntary dues deduction process.  Dues or premiums in health associations or corporations and tax sheltered annuity deductions authorized by the United States Internal Revenue Code may be deducted upon written authorization from the superintendent, principal, teacher or other employee involved.  Any local superintendent of education who * * * makes any unauthorized deduction or permits any unauthorized deduction to be made * * * shall be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than Twenty-five Dollars ($25.00) for each unauthorized deduction.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2011.