SENATE BILL REPORT

SB 6134

BYSenators Talmadge and Conner

Providing for dues for classified state employees required to be members of professional associations.

Senate Committee on Governmental Operations

Senate Hearing Date(s):January 27, 1988

Senate Staff:Desley Brooks (786-7443)

AS OF JANUARY 26, 1988

BACKGROUND:

State agencies have only those powers that have been expressly granted to them by statute or constitutional provisions, or that are necessarily implied from the powers expressly granted.

While the Legislature has authorized state agencies to reimburse state employees for certain expenses incurred in their duties, it has not identified membership dues as a reimbursable expense.

It has been suggested that it is equitable for state agencies to pay professional association dues and fees for classified employees where membership is a necessary condition to retaining the position.  According to an Attorney General opinion, AGO 1987 No. 26, some agencies lacked statutory authority to reimburse the dues.  An earlier opinion, AGO 1974 No. 13, concluded that payment of dues in a case where membership in an association is legally required as a prerequisite for holding public office would be a gift of public funds in violation of Article 8, section 7 of the State Constitution.

SUMMARY:

Civil service employees who are required, by statute, to be members of professional associations shall be reimbursed for association dues and fees.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested January 15, 1988